DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim(s) 5 is objected to because of the following informalities: “wherein the electronic control unit is configured to adopt as the determined sign a sign of a result obtained by multiplying the target torque value by the determined difference in rotation speed” should recite “wherein the electronic control unit is configured to adopt as the determined sign is a sign of a result obtained by multiplying the target torque value by the determined difference in rotation speed”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: electronic control unit being configured to fetch…; storage unit stores… in claims 1-5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Applicant’s specification recites [0025]: Referring to any of Figs. 1 through 5, each ECU is provided with a storage unit storing commands and data and a microcontroller capable of reading out them and executing the commands.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim(s) 1 recites the limitations “fetch one of the values” and “the fetched value”. It could be unclear to which value is being fetched in light of values of differential torque ratios and a target torque value because claim 1 recites “storage unit storing one or more values of differential torque ratios”, “fetch a target torque value”, and “fetch one of the values from the storage unit”. The limitation “fetch one of the values” may be better understood as “fetch a value of differential torque ratio from the one or more values of differential torque ratios” and “the fetched value” may be better understood as “the fetched value of differential torque ratio”. Dependent claims are rejected as being dependent upon and failing to cure the deficiencies of the independent claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20230365001 (“Hiroi”) in view of US 20150065296 (“Suto”) and US 20210199164 (“Vroemen”).
As per claim(s) 1, Hiroi discloses a driving system used for controlling torque output to a first shaft and a second shaft, comprising:
a first speed sensor configured to measure a rotation speed of a first motor connected to the first shaft (see at least [0035]: front rotation sensor 6f and the rear rotation sensor 6r detects a rotor phase of a motor connected thereto, and outputs the detected rotor phase to the motor controller 2);
a second speed sensor configured to measure a rotation speed of the second motor connected to the second shaft (see at least [0035]: front rotation sensor 6f and the rear rotation sensor 6r detects a rotor phase of a motor connected thereto, and outputs the detected rotor phase to the motor controller 2);
a first output device drivingly coupled to the first shaft (see at least [0024]: front drive system fds includes a front inverter 3f, a front drive motor 4f, a front speed reducer 5f, a front rotation sensor 6f, a front drive shaft 8f, the front wheel 9f, and the like.);
a second output device drivingly coupled to the second shaft (see at least [0026]: rear drive system rds includes a rear inverter 3r, a rear drive motor 4r, a rear speed reducer 5r, a rear rotation sensor 6r, a rear drive shaft 8r, and the rear wheel 9r symmetrically with the front drive system fds); and
an electronic control unit electrically connected to the first and second speed sensors and the first and second output devices and including a storage unit (see at least [0029]: computer…memory, [0035]: front rotation sensor 6f and the rear rotation sensor 6r detects a rotor phase of a motor connected thereto, and outputs the detected rotor phase to the motor controller 2)
storing one or more values of differential torque ratios (see at least [0065]: a predetermined distribution ratio K. In the distribution ratio determination processing S421, the distribution ratio K is determined based on, for example, a setting of a travel mode, a transition of a position of a center of gravity of the vehicle 100, or the like),
the electronic control unit being configured to fetch a target torque value (see at least [0055]: motor controller 2 refers to the accelerator position-torque table shown in FIG. 3, and calculates the basic torque target value Tm0* based on the accelerator position APO and the motor rotation speed ωm),
determine a difference in rotation speed of the first shaft from the second shaft (see at least [0074]: a deviation Δωm (not shown) between the front motor rotation speed ωmf and the rear motor rotation speed ωmr),
determine a sign from the determined rotation speed and the target torque value (see at least [0056]: basic torque target value Tm0* is a positive value in a predetermined range within a range in which the motor rotation speed ωm is negative),
fetch one of the values from the storage unit (see at least [0055]: motor controller 2 refers to the accelerator position-torque table shown in FIG. 3, and calculates the basic torque target value Tm0* based on the accelerator position APO and the motor rotation speed ωm, [0065]: a predetermined distribution ratio K. In the distribution ratio determination processing S421, the distribution ratio K is determined based on, for example, a setting of a travel mode, a transition of a position of a center of gravity of the vehicle 100, or the like),
calculate from the fetched value and the determined sign a first distribution ratio in which the torque is to be distributed to the first shaft (see at least [0058]: torque distribution processing S2030 is processing in which the motor controller 2 distributes the basic torque target value Tm0* to a target value of the torque generated by the front drive motor 4f and a target value of the torque generated by the rear drive motor 4r, [0065]: In the distribution ratio multiplication processing S420, a first rear torque target value Tmlr* is calculated by multiplying the first torque target value Tm1* by a predetermined distribution ratio K) and a second distribution ratio in which the torque is to be distributed to the second shaft (see at least [0071]: the first front torque target value Tm1f* may be calculated by adding a part of a difference between the first rear torque target value Tmlr* and the second rear torque target value Tm2r* to a result of multiplying the first torque target value Tm1* by a distribution ratio “1-K”), and
perform control to cause the first output device to output torque obtained by multiplying the calculated first distribution ratio by the target torque value (see at least [0065]: In the distribution ratio multiplication processing S420, a first rear torque target value Tmlr* is calculated by multiplying the first torque target value Tm1* by a predetermined distribution ratio K, [0081]: driving the front drive motor 4f and the rear drive motor 4r based on the dq-axis current target values, the torque indicated by the front torque target value Tmf* and the rear torque target value Tmr* is output) and
cause the second output device to output torque obtained by multiplying the calculated second distribution ratio by the target torque value (see at least [0071]: the first front torque target value Tm1f* may be calculated by adding a part of a difference between the first rear torque target value Tmlr* and the second rear torque target value Tm2r* to a result of multiplying the first torque target value Tm1* by a distribution ratio “1-K”, [0081]: driving the front drive motor 4f and the rear drive motor 4r based on the dq-axis current target values, the torque indicated by the front torque target value Tmf* and the rear torque target value Tmr* is output).
Hiroi does not explicitly disclose a first speed sensor configured to measure a rotation speed of a first motor connected to the first shaft; a second speed sensor configured to measure a rotation speed of the second motor connected to the second shaft; determine a sign from the determined difference in rotation speed and the target torque value.
However, Suto teaches a first speed sensor configured to measure a rotation speed of a first motor connected to the first shaft (see at least [0046]: To the ECU 24, there are electrically connected an RM sensor 28 and an RS sensor 30, which are associated with the right unit 16, and an LM sensor 32 and an LS sensor 34, which are associated with the left unit 18. The RM sensor 28 detects a rotational speed of the motor shaft 36 of the right motor RM. The RS sensor 30 detects a rotational speed of the right shaft RS, i.e., the right rear wheel RRW. The LM sensor 32 detects a rotational speed of the motor shaft 36 of the left motor LM. The LS sensor 34 detects a rotational speed of the left shaft LS, i.e., the left rear wheel LRW);
a second speed sensor configured to measure a rotation speed of the second motor connected to the second shaft (see at least [0046]: To the ECU 24, there are electrically connected an RM sensor 28 and an RS sensor 30, which are associated with the right unit 16, and an LM sensor 32 and an LS sensor 34, which are associated with the left unit 18. The RM sensor 28 detects a rotational speed of the motor shaft 36 of the right motor RM. The RS sensor 30 detects a rotational speed of the right shaft RS, i.e., the right rear wheel RRW. The LM sensor 32 detects a rotational speed of the motor shaft 36 of the left motor LM. The LS sensor 34 detects a rotational speed of the left shaft LS, i.e., the left rear wheel LRW).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hiroi by incorporating the teachings of Suto with a reasonable expectation of success in order to provide a power transmitting apparatus for improved vehicle performance and smooth vehicle traveling. The combination would yield predictable results.
However, Vroemen teaches determine a sign from the determined difference in rotation speed and the target torque value (see at least [0024]: slip indicator indicates the extent of slip with a sign that is the product of the sign of the difference between the rotational speed of the input shaft and a rotational speed of the output shaft and the desired driving torque sign).
It would have been obvious to one of ordinary skill in the art to provide the invention as disclosed by Hiroi by incorporating the teachings of Vroemen with a reasonable expectation of success in order to provide a slip indicator to reduce a risk of unpredictable vehicle behavior and for improved vehicle control. The combination would yield predictable results.
As per claim(s) 2, Hiroi discloses wherein the first output device includes a first electric motor electrically connected to the electronic control unit and a reduction gear set configured to transmit a rotation created by the first electric motor to the first shaft with reducing a speed of the rotation (see at least [0024]: a front drive motor 4f, a front speed reducer 5f, a front rotation sensor 6f, a front drive shaft 8f, [0026]: a rear drive motor 4 r, a rear speed reducer 5r, a rear rotation sensor 6r, a rear drive shaft 8r, [0034]: Each of the front speed reducer 5f and the rear speed reducer 5r includes, for example, a plurality of gears. Each of these speed reducers reduces a rotation speed of a motor connected thereto and transmits the reduced rotation speed to a drive shaft, thereby generating a driving torque or a braking torque (hereinafter, simply referred to as a torque) proportional to a speed reduction ratio), and
the second output device includes a second electric motor electrically connected to the electronic control unit and a reduction gear set configured to transmit a rotation created by the second electric motor to the second shaft with reducing a speed of the rotation (see at least [0024]: a front drive motor 4f, a front speed reducer 5f, a front rotation sensor 6f, a front drive shaft 8f, [0026]: a rear drive motor 4 r, a rear speed reducer 5r, a rear rotation sensor 6r, a rear drive shaft 8r, [0034]: Each of the front speed reducer 5f and the rear speed reducer 5r includes, for example, a plurality of gears. Each of these speed reducers reduces a rotation speed of a motor connected thereto and transmits the reduced rotation speed to a drive shaft, thereby generating a driving torque or a braking torque (hereinafter, simply referred to as a torque) proportional to a speed reduction ratio).
As per claim(s) 5, Hiroi does not explicitly disclose wherein the electronic control unit is configured to adopt as the determined sign a sign of a result obtained by multiplying the target torque value by the determined difference in rotation speed.
However, Vroemen teaches wherein the electronic control unit is configured to adopt as the determined sign a sign of a result obtained by multiplying the target torque value by the determined difference in rotation speed (see at least [0024]: slip indicator indicates the extent of slip with a sign that is the product of the sign of the difference between the rotational speed of the input shaft and a rotational speed of the output shaft and the desired driving torque sign).
It would have been obvious to one of ordinary skill in the art to provide the invention as disclosed by Hiroi by incorporating the teachings of Vroemen with a reasonable expectation of success in order to provide a slip indicator to reduce a risk of unpredictable vehicle behavior and for improved vehicle control. The combination would yield predictable results.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiroi in view of Suto and Vroemen, and further in view of US 20160129810 (“Takahashi”) and US 20090012685 (“Maeda”).
As per claim(s) 4, Hiroi does not explicitly disclose wherein the storage unit stores two or more values of the differential torque ratios and the electronic control unit is configured to select and fetch one of the values stored in accordance with a sign of the target torque value.
However, Takahashi teaches wherein the storage unit stores two or more values of the differential torque ratios and the electronic control unit is configured to select and fetch one of the values stored in accordance with a sign of the target value (see at least [0040]: As for the required torque Td*, in the embodiment of the invention, a relationship among the brake pedal position BP, the vehicle speed V and the required torque Td* is determined in advance and stored into the ROM (not shown) as a required torque setting map, [0041]: as for the rear-wheel required distribution ratio Dr*, in the embodiment of the invention, a relationship between the brake pedal position BP and the rear-wheel required distribution ratio Dr* is determined in advance and stored into the ROM (not shown) as a rear-wheel required distribution ratio setting map. When the brake pedal position BP is given, the corresponding rear-wheel required distribution ratio Dr* is derived from the stored map and set, [0042]: When the rear-wheel required distribution ratio Dr* and the front-wheel required distribution ratio Df* are thus set, a front-wheel required torque Tf* and a required torque Tr*, which are required of the front wheels 38a, 38b and the rear wheels 38c, 38d respectively, are calculated by multiplying the required torque Td* by the front-wheel required distribution ratio Df* and the rear-wheel required distribution ratio Dr* respectively, as indicated by expressions (1), (2) shown below (step S140)).
It would have been obvious to one of ordinary skill in the art to provide the invention as disclosed by Hiroi by incorporating the teachings of Takahashi with a reasonable expectation of success in order to improve riding comfort during deceleration. The combination would yield predictable results.
However, Maeda teaches fetch one of the values in accordance with a sign of the target torque value (see at least [0132]: electronic controller 16 for controlling driving force determines the lateral distribution ratio Ky to the right wheels such that the driving force is distributed only to the side where the target braking/driving forces Fwxti take positive values, calculates the target driving current It to the electric motor generator 40 on the basis of the sum of the positive target braking/driving forces Fwxti, and outputs signals indicating the target braking/driving forces Fwxti to the electronic controller 28 for controlling braking force such that the friction braking force by the friction braking device 18 is applied to the wheel having the negative target braking/driving force).
It would have been obvious to one of ordinary skill in the art to provide the invention as disclosed by Hiroi by incorporating the teachings of Maeda with a reasonable expectation of success in order to provide improved control of driving force of each wheel and improve running stability. The combination would yield predictable results.
Allowable Subject Matter
Claim(s) 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
US 20230365001 (“Hiroi”) discloses a control method for an electric four-wheel drive vehicle including a front drive source for driving a front wheel and a rear drive source for driving a rear wheel independently of the front wheel. Hiroi discloses the control method for performing motor torque control for reducing rollback without giving a sense of discomfort to a driver.
US 20150065296 (“Suto”) teaches a power transmitting apparatus on a vehicle including a right motor unit connected to a right rear wheel and having a right clutch, and a left motor unit connected to a left rear wheel and having a left clutch. Suto teaches adjusting a torque of a right motor or a left motor if a power transmitting capability of at least one of the right motor unit and the left motor unit is varied.
US 20210199164 (“Vroemen”) teaches a powertrain for a vehicle including an electromagnetic driving unit and a transmission module, wherein the controller has a safety operational mode to control an engagement of the clutch with a feedback loop in which a desired extent of engagement is positively correlated to a difference between an extent of slip and a positive reference value for said extent of slip.
US 20250381964 (“Okamura”) teaches a method for output of a left driving source and a right driving source in a vehicle. Okamura discloses preparing a sum model modeling motion states of a left driving system, right driving system, left driving source, and a right driving source while the vehicle is running straight and a difference model modeling motion states of the systems and driving sources while the vehicle is cornering. Okamura discloses a power distributing mechanism formulating models in deriving the sum model and the difference model.
US 10065527 (“Honda”) teaches a control system and method for a driving device including a left rotating electric machine and a right rotating electric machine where a left driving force and a right driving force are controlled. Honda teaches an opposite distribution control for generating the left-right driving force difference by controlling the left driving force and the right driving force via the driving device such that a yaw moment in a direction opposite to a turning direction of the vehicle acts on the vehicle. Honda teaches performing a limit control for controlling the left driving force and the right driving force such that a change in the left-right driving force difference becomes smaller than a change in the left right driving force sum.
The prior art taken either individually or in combination with other prior art of record fails to disclose, suggest, teach, or render obvious the invention as a whole: regarding claim 3, wherein the electronic control unit is configured to calculate the first distribution ratio on the basis of a formula ½{1+k(TBR-1/TBR+1)}, and calculate the second distribution ratio on the basis of a formula ½{1-k(TBR-1/TBR+1)}, wherein TBR represents the fetched value and k represents the determined sign.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELINA M SHUDY whose telephone number is (571)272-6757. The examiner can normally be reached M - F 10am - 6pm.
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Angelina Shudy
Primary Examiner
Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668