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 .
Priority
2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2023-193981, filed on 11/14/2023.
Claim Rejections - 35 USC § 112
3. The following is a quotation of the second paragraph of 35 U.S.C. 112:
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.
4. Claims 1-5 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
a. Claim 1 recites the limitation "encourage a driver to operate the pseudo gear shift operation member in a manner similar to a manner when a gear ratio of the manual transmission internal combustion engine vehicle is increased when the deceleration control is executed" in lines 11-13. It is unclear as to what structure or action satisfies "encourage." The claim recites no particular output (visual notification, audible notification, haptic feedback, torque modulation, etc.), so what the control apparatus must actually do to "encourage" cannot be determined and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Additionally, claim 1 recites the limitation “in a manner similar to a manner when a gear ratio... is increased" in lines 11-13. It is unclear as to what characteristics of "operating the pseudo gear shift operation member" are being compared (timing? force? type of prompt?), and what degree of correspondence would satisfy "similar to."
b. Claim 2 recites the limitation "encourage the driver to perform downshift operation of the pseudo shifter when the deceleration control is executed" in lines 9-10. As with claim 1, "encourage" recites a result without any positively claimed structure or action producing that result, so what the control apparatus must actually do to "encourage" cannot be ascertained.
c. Claim 3 recites the limitation "encourage the driver to perform downshift operation of the pseudo shifter when the deceleration control is executed" in lines 12-13. Claim 3 recites the identical "encourage the driver to perform downshift operation of the pseudo shifter when the deceleration control is executed" language as in claim 2, and is indefinite for the same reasons set forth above with respect to claim 2.
d. Claims 4 and 5 are rejected as depending upon a rejected claim.
5. In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US Patent Publication 2023/0249703) in view of Shiiba et al. (US Patent Publication 2005/0187694).
a. Regarding claim 1, Oh teaches a battery electric vehicle having an electric motor 41 as a drive source [The drive system of an electric vehicle generates power by driving a motor using the power of a battery [0009]; In the present disclosure, the driving device 41 may be a motor that drives a vehicle [0067]], the battery electric vehicle comprising a driving operation member used in driving of the battery electric vehicle [driving information detector 12 may include an accelerator pedal detector that detects accelerator pedal information according to accelerator pedal operation by a driver, and a brake pedal detector that detects brake pedal input information according to brake pedal operation by a driver [0049]]; a pseudo gear shift operation member that imitates an operation member used in gear shift operation of a manual transmission internal combustion engine vehicle [In the manual shifting mode, when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]]; and a control apparatus 20 that controls operation of the battery electric vehicle with respect to operation of the driving operation member in accordance with an operation state of the pseudo gear shift operation member [The first control unit 20 includes a request torque determiner 21 that determines driver request torque from real-time vehicle-driving information, a virtual shifting control unit 22 that determines virtual shifting intervention torque that is correction torque for generating and implementing a virtual shifting sense from the real-time vehicle-driving information, and a final torque instruction generator 23 that corrects the driver request torque input from the request torque determiner 21 into virtual shifting intervention torque input from the virtual shifting control unit 22, and generates and outputs a final motor torque instruction [0059] and encourage a driver to operate the pseudo gear shift operation member [In the manual shifting mode, when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]] in a manner similar to a manner when a gear ratio of the manual transmission internal combustion engine vehicle is increased when deceleration control is executed [virtual shifting control unit 22 can determine a virtual target gear stage in accordance with manual shifting input information by a driver (information showing a manual shifting state), that is, shifting lever input information or paddle shifting input information [0056]].
Oh does not specifically teach the control apparatus is configured to execute deceleration control that autonomously decelerates an own vehicle when the own vehicle enters a curved road. Shiiba teaches a control apparatus configured to execute deceleration control that autonomously [detects the current position of the host vehicle and the road conditions by autonomous navigation [0034]] decelerates an own vehicle when the own vehicle enters a curved road [A deceleration control apparatus for a vehicle, which performs deceleration control on the vehicle by an operation of a brake system which applies a braking force to the vehicle and a shift operation which shifts a transmission of the vehicle into a relatively low speed or speed ratio, comprising: a controller which performs the shift operation and the operation of the brake system such that a target deceleration set based on i) a curvature or curvature radius of a curve in a road ahead of the vehicle, claim 1] for the purpose of providing a deceleration control apparatus capable of applying a deceleration to the vehicle that is desirable for the distance to a corner, improves vehicle stability, and enables the vehicle to travel smoothly through the upcoming curve.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle taught by Oh to include the control apparatus configured to execute deceleration control that autonomously decelerates an own vehicle when the own vehicle enters a curved road as taught by Shiiba because doing so would have provided a deceleration control apparatus capable of applying a deceleration to the vehicle that is desirable for the distance to a corner, improves vehicle stability, and enables the vehicle to travel smoothly through the upcoming curve.
b. Regarding claim 2, Oh in view of Shiiba teaches (references to Oh) the battery electric vehicle according to claim 1 wherein the driving operation member includes an accelerator pedal [driving information detector 12 may include an accelerator pedal detector that detects accelerator pedal information according to accelerator pedal operation by a driver, and a brake pedal detector that detects brake pedal input information according to brake pedal operation by a driver [0049]]; the pseudo gear shift operation member includes a pseudo shifter that imitates a shifter of a manual transmission [In the manual shifting mode, when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]]; and control apparatus 20 is configured to change a torque of electric motor 41 [driving device 41 may be a motor that drives a vehicle [0067]] in accordance with a vehicle speed of the own vehicle [virtual speed that is determined from a real-time drive system speed that is actual driving variable information by the virtual shifting control unit 22 of the first control unit 20 [0087]], an operation amount of the accelerator pedal [first control unit 20 can use a shifting schedule map having actual driving variables, such as a virtual vehicle speed (km/h) and an accelerator pedal input value (APS value) (%), as input [0097]], and a shift position selected by operation of the pseudo shifter and encourage the driver to perform downshift operation of the pseudo shifter when the deceleration control is executed [when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]].
c. Regarding claim 3, Oh in view of Shiiba teaches (references to Oh) the battery electric vehicle according to claim 1 wherein the driving operation member includes an accelerator pedal [an accelerator pedal detector that detects accelerator pedal information according to accelerator pedal operation by a driver, and a brake pedal detector that detects brake pedal input information according to brake pedal operation by a driver [0049]] and the pseudo gear shift operation member includes a pseudo shifter that imitates a shifter of a manual transmission [In the manual shifting mode, when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]]. Oh further teaches a pseudo clutch operation apparatus that imitates a clutch operation apparatus [virtual drivability may be provided so that a driver can experience desired sensitivity from a same vehicle without replacing a vehicle when the driver wants to feel sensitivity and enjoyment of driving, a dynamic sense, a sense of direct connection, etc., that are provided by an engine, a transmission, a clutch, etc. [0014]; virtual shifting intervention torque profiles further considering the kind of a transmission other than the shifting classes may be set. The kind of a transmission may include an automatic transmission (AT), a dual clutch transmission (DCT) [0173]] and control apparatus 20 is configured to change a torque of electric motor 41 [The first control unit 20 includes a request torque determiner 21 that determines driver request torque from real-time vehicle-driving information, a virtual shifting control unit 22 that determines virtual shifting intervention torque that is correction torque for generating and implementing a virtual shifting sense from the real-time vehicle-driving information, and a final torque instruction generator 23 that corrects the driver request torque input from the request torque determiner 21 into virtual shifting intervention torque input from the virtual shifting control unit 22, and generates and outputs a final motor torque instruction [0059] in accordance with a vehicle speed of the own vehicle [virtual speed that is determined from a real-time drive system speed that is actual driving variable information by the virtual shifting control unit 22 of the first control unit 20 [0087]], an operation amount of the accelerator pedal [first control unit 20 can use a shifting schedule map having actual driving variables, such as a virtual vehicle speed (km/h) and an accelerator pedal input value (APS value) (%), as input [0097]], a shift position selected by operation of the pseudo shifter [when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]], and an operation amount of the pseudo clutch operation apparatus and encourage the driver to perform downshift operation of the pseudo shifter when the deceleration control is executed [virtual drivability may be provided so that a driver can experience desired sensitivity from a same vehicle without replacing a vehicle when the driver wants to feel sensitivity and enjoyment of driving, a dynamic sense, a sense of direct connection, etc., that are provided by an engine, a transmission, a clutch, etc. [0014]; virtual shifting intervention torque profiles further considering the kind of a transmission other than the shifting classes may be set. The kind of a transmission may include an automatic transmission (AT), a dual clutch transmission (DCT) [0173]].
d. Regarding claim 4, Oh in view of Shiiba teaches (references to Oh) the battery electric vehicle according to claim 1 wherein the pseudo gear shift operation member includes a pseudo sequential shifter that imitates a sequential shifter of a manual transmission [In the manual shifting mode, when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]] and the control apparatus is configured to have an autonomous downshift mode [When it is an automatic shifting mode (it is not the manual shifting mode or there is no manual shifting by a driver), the virtual shifting control unit 22 of the first control unit 20 determines a virtual gear stage from a current virtual vehicle speed and an actual driving variable [0096]] that raises a virtual engine speed by autonomously increasing a virtual gear ratio of the manual transmission internal combustion engine vehicle reproduced in the battery electric vehicle and execute the autonomous downshift mode when downshift operation of the pseudo sequential shifter by the driver is not performed at a time of the execution of the deceleration control [When it is an automatic shifting mode (it is not the manual shifting mode or there is no manual shifting by a driver), the virtual shifting control unit 22 of the first control unit 20 determines a virtual gear stage from a current virtual vehicle speed and an actual driving variable [0096]; definitions of the upshift and the downshift are the same as those in an actual transmission, that is, the upshift is defined as when a gear is changed into a higher gear and the downshift is defined as when a gear is changed into a lower gear [0102]; in downshift, it is possible to determine a virtual gear stage by applying the virtual vehicle speed before correction, that is, the virtual vehicle speed for downshift to the shifting schedule map of FIG. 4 [0106]].
8. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US Patent Publication 2023/0249703) in view of Shiiba et al. (US Patent Publication 2005/0187694) and Haspiel et al. (US Patent Publication 2025/0092947).
a. Regarding claim 5, Oh in view of Shiiba teaches (references to Oh) the battery electric vehicle according to claim 1 wherein the pseudo gear shift operation member includes a selectively operatable pseudo sequential shifter that imitates a sequential shifter of a manual transmission [In the manual shifting mode, when a driver operates the shifting lever or the paddle shift, virtual shifting can be forcibly performed [0057]] and control apparatus 20 is configured to have an autonomous downshift mode [When it is an automatic shifting mode (it is not the manual shifting mode or there is no manual shifting by a driver), the virtual shifting control unit 22 of the first control unit 20 determines a virtual gear stage from a current virtual vehicle speed and an actual driving variable [0096]] that raises a virtual engine speed by autonomously increasing a virtual gear ratio of the manual transmission internal combustion engine vehicle reproduced in the battery electric vehicle execute the autonomous downshift mode when downshift operation of the pseudo sequential shifter by the driver is not performed at a time of the execution of the deceleration control when the pseudo sequential shifter is selected [When it is an automatic shifting mode (it is not the manual shifting mode or there is no manual shifting by a driver), the virtual shifting control unit 22 of the first control unit 20 determines a virtual gear stage from a current virtual vehicle speed and an actual driving variable [0096]; definitions of the upshift and the downshift are the same as those in an actual transmission, that is, the upshift is defined as when a gear is changed into a higher gear and the downshift is defined as when a gear is changed into a lower gear [0102]; in downshift, it is possible to determine a virtual gear stage by applying the virtual vehicle speed before correction, that is, the virtual vehicle speed for downshift to the shifting schedule map of FIG. 4 [0106]].
Oh in view of Shiiba does not specifically teach a selectively operatable pseudo H-type shifter that simulates an H-type shifter of the manual transmission.
Haspiel teaches a selectively operatable pseudo H-type shifter that simulates an H-type shifter of the manual transmission [the virtual pathway 61a shown in FIG. 8A [0032]; FIGS. 8A and 8B are example virtual pathways based on selected vehicle modes of the shifter assembly of FIG. 2 [0020]; FIG. 3 is a top perspective view of the shifter assembly of FIG. 2 [0015]] for the purpose of providing a shifter assembly for an electric vehicle with advantageous operator to vehicle physical feedback as an alternative mode of engagement with the electric vehicle and an enhanced user experience to the driver.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle taught by Oh in view of Shiiba to include a selectively operatable pseudo H-type shifter that simulates an H-type shifter of the manual transmission as taught by Haspiel because doing so would have provided a shifter assembly for an electric vehicle with advantageous operator to vehicle physical feedback as an alternative mode of engagement with the electric vehicle and an enhanced user experience to the driver. Please note in the combination of Oh in view of Shiiba and Haspiel the control apparatus is configured to refrain from executing the autonomous downshift mode when the downshift operation of the pseudo H-type shifter by the driver is not performed at a time of the execution of the deceleration control when the pseudo H-type shifter is selected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Ryan Larsen whose telephone number is (571) 270-5458. The examiner can normally be reached on Monday-Thursday 8am-4pm est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached on (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. R. L./
Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights