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 .
Response to Arguments
Regarding the previous 35 USC 103 rejection, Applicant’s arguments, page 10, filed 05/11/2026 have been fully considered and are persuasive. Also, cited prior art US 20040030471 (“Faye”) discloses that, when no destination is input into the navigation system running in the background, a percentage contribution of an electric motor drive is controlled by taking into account a next following greatest altitude and/or the greatest altitude of a total profile of a travel route; however, Faye does not explicitly disclose setting, based on map information indicating the vehicle is not driving in a high-energy area, a second highest predicted altitude or set, based on a location of the vehicle not driving in an area of the first type, a second highest predicted altitude using a second current altitude of the vehicle. Accordingly, the previous 35 USC 103 rejection is withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-6, 8-16, 18-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 11 recite the limitation generate, based on the predicted altitude and a current altitude of the vehicle and based on the highest predicted altitude or the second highest predicted altitude, an adjusted power. However, the specification does not appear to describe generate, based on the predicted altitude and a current altitude of the vehicle and based on the highest predicted altitude and the second highest predicted altitude, an adjusted power and does not appear to describe generate, based on the predicted altitude and a current altitude of the vehicle and based on the second highest predicted altitude, an adjusted power. The closest reference in the specification appears to include Fig. 4(c) tabulated high-energy area information and [0040]: information on a high-energy area may include a regional range and/or a highest altitude of the high-energy area that is selected from the numerical elevation map and a related terrain. For example, the regional range may be a range set by a latitude and a longitude, and high-energy areas may form a cluster in the regional range and/or be grouped to be managed, which does not sufficiently describe the limitation.
Dependent claims 2-6, 8-10, 12-16, 18-21 are rejected as being dependent upon and failing to cure the deficiencies of rejected independent claims 1 and 11.
Claim 21 recites wherein the second highest predicted altitude is set using the current altitude of the vehicle when the vehicle is not driving in a high-energy area, and wherein map information comprises at least one of: information indicating high-energy area including cluster information of each high-energy area; or information indicating non-high-energy area. However, the specification does not describe that the second highest predicted altitude is set using the current altitude of the vehicle when the vehicle is not driving in a high-energy area and does not describe wherein map information comprises information indicating non-high-energy area. The closest reference in the specification includes [0055]: among a plurality of spots belonging to a high-energy area, cluster information may include a highest altitude of a spot with a highest elevation, a lowest altitude of a spot with a lowest elevation and latitude and longitude ranges of the area. Spot information may include gradient data of each spot that belongs to a high-energy area, which does not sufficiently describe the limitations.
Claim 22 recites based on a location of the vehicle not driving in an area of the first type, a second highest predicted altitude using a second current altitude of the vehicle; and control the vehicle based on the second current altitude of the vehicle being set as the second highest predicted altitude. The specification does not describe set, based on a location of the vehicle not driving in an area of the first type, a second highest predicted altitude using a second current altitude of the vehicle, and control the vehicle based on the second current altitude of the vehicle being set as the second highest predicted altitude. The closest reference in the specification includes Fig. 4(c) tabulated high-energy area information; [0040]: information on a high-energy area may include a regional range and/or a highest altitude of the high-energy area that is selected from the numerical elevation map and a related terrain. For example, the regional range may be a range set by a latitude and a longitude, and high-energy areas may form a cluster in the regional range and/or be grouped to be managed, which does not sufficiently describe the limitation; and [0055]: among a plurality of spots belonging to a high-energy area, cluster information may include a highest altitude of a spot with a highest elevation, a lowest altitude of a spot with a lowest elevation and latitude and longitude ranges of the area. Spot information may include gradient data of each spot that belongs to a high-energy area, which do not sufficiently describe the limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20250074257 (“Chapman”) (see at least FIG. 5C illustrates a graph of route segments of a route).
US 20150251648 (“Okada”) (see at least FIG. 12 is a diagram showing the concept of an elevation MAP).
US 20120053771 (“Yoshida”) (see at least [0079]: FIG. 5 illustrates a change in height (undulation) of the travel route).
US 20190168739 (“Morisaki”) (see at least [0069]: current required power Pd* is higher than a reference value Pdref. The case where the load is expected to exceed the predetermined load may be, for example, an uphill road having a road surface gradient θd that is greater than a predetermined gradient θdref or a difference in elevation ΔH that is greater than a predetermined difference in elevation ΔHref. The road surface gradient θd and the difference in elevation ΔH may be, for example, values obtained from the map information of the vehicle-mounted navigation system 60 or the cloud server CS).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
Prosecution Insights