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 .
STATUS OF CLAIMS
This action is in response to the Applicant’s arguments and amendments filed on 7/13/2026. Applicant amended claim 1 and canceled claim 2. Claim 1 is pending and is examined below.
RESPONSE TO REMARKS AND ARGUMENTS
In regard to the claim rejections under §§ 102 and 103, Applicant’s arguments and amendments filed on 7/13/2026 have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
CLAIM REJECTIONS—35 U.S.C. § 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 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.
Claim(s) 1 is/are rejected under § 103 as being unpatentable over Oh et al. (US20210387531A1; “Oh”) in view of Nishimine et al. (US20220041062A1; “Nishimine”), in view of Nedachi et al. (US20110190996A1; “Nedachi”) and in view of Yoshiaki et al. (US20020055411A1; “Yoshiaki”)
As to independent claim 1, Oh discloses: a battery electric vehicle that includes an electric motor as a driving source (“electric vehicle” equipped with “a motor” – see ¶ 26.), the battery electric vehicle comprising:
an accelerator pedal (“The driving information detector 12 may include: an accelerator pedal detector configured to detect accelerator pedal input information according to a driver's accelerator pedal operation.” ¶ 41.);
a pseudo shifter imitating a shifter that is used to perform a shifting operation of a manual transmission internal combustion engine vehicle (“The first controller 20 may include: … a virtual gear shift controller 22 configured to generate a correction torque command (i.e., a virtual gear shift intervention torque command for realizing the virtual sensation of gear shifting) for generating and realizing the virtual sensation of gear shifting from the vehicle driving information.” ¶ 45 and FIG. 1.); and
a controller configured to change a relationship among a vehicle speed of the battery electric vehicle, an accelerator operation amount of the accelerator pedal, and torque of the electric motor in response to an operation of the pseudo shifter (“FIG. 4 is a view showing a gear shift schedule map for determining a virtual target gear shift stage TarGe … and illustrating the gear shift schedule map for upshifting and … for downshifting …. [T]he horizontal axis represents the vehicle speed (km/h), and the vertical axis represents the accelerator pedal input value (APS value).” ¶ 63 and FIG. 4; see also ¶ 64. See also ¶ 60 for further discussion of the virtual vehicle speed’s relationship to “actual motor speed” – note well that in battery electric vehicles, vehicle speed is proportional to motor speed vis-à-vis a fixed ratio. “In a vehicle having a real transmission, the torque multiplication effect between the front and rear of the transmission decreases due to the reduction in gear ratio as gear upshifting occurs, and eventually, even though the engine generates the same torque, the final acceleration is reduced. To mimic this effect, the present disclosure may calculate the limit torque for each virtual gear shift stage tqLmt and uses the limit torque to limit the torque command.” ¶ 96; see also ¶¶ 97-100. Note: Summarizing, a virtual gear shift changes the relationship between vehicle speed, accelerator operation amount and output motor torque according to the selected virtual gear stage.), wherein
the controller is configured to change the relationship within a predetermined time after the pseudo shifter is operated (“Counting starts at time 0 at a time when the target gear shift stage is changed …, and the gear shift progress rate xProgress may be determined as a percentage of the counted time with respect to the total preset gear shift time, wherein this gear shift progress rate xProgress rises up to 100” Emphasis added, ¶ 79; see also ¶ 77.),
the controller includes a memory storing a vehicle model that models a virtual vehicle, and a processing circuit coupled to the memory and configured to execute the vehicle model (“It is understood that the term controller/control unit refers to a hardware device that includes a memory and a processor.” ¶ 20. “Virtual gear shift model M” - ¶ 60.);
the vehicle model includes a transmission model that models a virtual manual transmission (“Virtual gear shift model M” - ¶ 60.);
the vehicle model is configured to calculate a virtual gear stage of the virtual manual transmission (“Virtual target gear shift stage TarGe” - ¶ 63 and FIG. 4.),
based on
the accelerator operation amount of the accelerator pedal (“The gear shift schedule map uses a virtual vehicle speed SpdVir and an accelerator pedal input value (APS value) indicating the driver's intent, and the virtual target gear shift stage TarGe corresponding to the virtual vehicle speed SpdVir and the accelerator pedal input value (APS value) may be determined from the gear shift schedule map.” ¶ 64.),
a shift position of the pseudo shifter (“Virtual current gear shift stage CurGe” - ¶ 57.), and
the vehicle speed of the battery electric vehicle (See ¶ 64.).
Oh fails to explicitly disclose:
the vehicle model includes
a driver model that models an exemplary driver,
an engine model that models a virtual internal combustion engine, and
a clutch model that models a virtual clutch,
the vehicle model is configured to calculate a virtual accelerator operation amount of the virtual internal combustion engine, and perform its calculations based on a virtual engine rotational speed of the virtual internal combustion engine,
the virtual clutch operation amount is determined based on a shift state of the virtual vehicle, without depending on an operation by a driver for changing the operation amount of the virtual clutch;
the engine model is configured to
when the virtual clutch is in an engaged state, calculate the virtual engine rotational speed based on the virtual gear stage and the vehicle speed, and
when the virtual clutch is in a disengaged state, calculate the virtual engine rotational speed based on the virtual accelerator operation amount and a virtual moment of inertia of the virtual internal combustion engine; and
the driver model is configured to
calculate the virtual clutch operation amount so as to engage the virtual clutch, when a rotational speed difference between the virtual engine rotational speed and a virtual input shaft rotational speed of the virtual manual transmission falls within a predetermined range after shifting of the virtual manual transmission is started.
Nevertheless, Nishimine teaches:
a vehicle model includes
a driver model that models an exemplary driver (“driver model 550” - ¶ 52.), an engine model that models a virtual internal combustion engine (“engine model 531” - ¶ 54.), and
a clutch model that models a virtual clutch “clutch model 532” - ¶ 54.), and
a vehicle model is configured to calculate a virtual accelerator operation amount of the virtual internal combustion engine, and a virtual clutch operation amount of the virtual clutch (“The MT vehicle model 530 receives an accelerator opening Pap detected by the accelerator position sensor 32 as an operation amount of the gas pedal of the imaginary engine.” ¶ 50. Furthermore, “clutch pedal depression amount Pcm” is calculated based on at least “signal from the shift position sensor 36” – see ¶¶ 82-86. Note: The accelerator opening Pap meets the BRI of a virtual accelerator operation amount because it represents a “magnitude of a torque request to the virtual internal combustion engine of the virtual vehicle” – such follows Applicant’s description at PGPUB [0041].), and
the vehicle model is configured to perform its calculations of virtual parameters based on a virtual engine rotational speed of the virtual internal combustion engine (“imaginary engine speed Ne” - ¶ 56 and equation (1). See also ¶ 60 and FIG. 6.);
the virtual clutch operation amount is determined based on a shift state of the virtual vehicle, without depending on an operation by a driver for changing the operation amount of the virtual clutch (“clutch pedal depression amount Pcm” is calculated based on at least “signal from the shift position sensor 36” done in a manner such that “the pseudo-clutch pedal 28 does not need to be operated” by a driver – see ¶¶ 82-86.);
the engine model is configured to
when the virtual clutch is in an engaged state, calculate the virtual engine rotational speed based on the virtual gear stage and the vehicle speed (“Equation (1) is an equation for calculating the imaginary engine speed Ne in a condition where the imaginary engine and the imaginary MT are connected by the imaginary clutch mechanism.” ¶ 58. Continuing, equation (1) calculates virtual engine rotational speed Ne based on “rotation speed Nw of the wheel 8” and “a total reduction ratio R” which is “calculated form a gear ratio r” - ¶¶ 56-57.), and
when the virtual clutch is in a disengaged state, calculate the virtual engine rotational speed based on the virtual accelerator operation amount and a virtual moment of inertia of the virtual internal combustion engine (“When the imaginary clutch mechanism is disengaged, the engine model 531 calculates the imaginary engine speed Ne by the following equation (2) using the imaginary engine torque Te and the moment of inertia J of the imaginary engine. For the calculation of the imaginary engine torque Te, a map with the accelerator opening Pap as a parameter is used.” ¶ 58.); and
the driver model is configured to
calculate the virtual clutch operation amount so as to engage the virtual clutch, when a rotational speed difference between the virtual engine rotational speed and a virtual input shaft rotational speed of the virtual manual transmission falls within a predetermined range after shifting of the virtual manual transmission is started (“In order to smoothly match a rotation speed of an input shaft of the imaginary MT calculated from the vehicle speed Vw and the imaginary engine speed Ne, the clutch operation model 552 calculates the clutch pedal depression amount Pcm based on a rotation speed difference between the rotation speed of the input shaft of the imaginary MT and the imaginary engine speed Ne.” ¶ 85. Note: The condition of the virtual input shaft rotation speed and the virtual engine speed not matching meets the BRI of determining that a difference between the two values falls within a predetermined range because such matches Applicant’s description at [0062] wherein the purpose of calculating a virtual clutch operation amount is to “synchronize” the two values.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Oh to include the above features as taught by Nishimine with a reasonable expectation of success because these features are useful for “providing a pseudo-gearshift and a pseudo-clutch pedal on [an] electric vehicle so as to obtain a feeling of driving [a] MT [manual transmission] vehicle in the electric vehicle.” (Nishimine, ¶ 7.) Given that Oh and Nishimine are in the same field of endeavor of simulating a manual transmission feeling in an electric vehicle, one of ordinary skill in the art would have been motivated to modify Oh’s model with Nishimine’s models and associated calculations to achieve a more sophisticated virtual model which yields the predictable result of a more accurate pseudo shifting of a virtual transmission, thereby enhancing the feeling of manual transmission.
The combination of Oh and Nishimine fails to explicitly disclose: when a time elapsed from start of the shifting of the virtual manual transmission exceeds a predetermined backup time, calculate the virtual clutch operation amount so as to engage the virtual clutch regardless of the rotational speed difference between the virtual engine rotational speed and the virtual input shaft rotational speed.
Nevertheless, Nedachi teaches: when a time elapsed from start of the shifting of a manual transmission exceeds a predetermined backup time, calculate a clutch operation amount so as to engage the clutch regardless of the rotational speed difference between the engine rotational speed and the input shaft rotational speed (“If the shift change is not completed even if a predetermined period of time elapses, the clutch is engaged compulsorily.” ¶ 126. “The clutch control correction amount calculation section 150 uses the calculated actuator driving current to control driving of the first clutch actuator 91 a and the second clutch actuator 91 b” ¶ 136. See also ¶¶ 182-186 and FIGS. 21-26. Note: The foregoing does not consider a speed difference between the engine rotational speed and the input shaft rotational speed; hence, the engagement of the clutch (necessarily associated with a calculated clutch operation amount) is performed regardless of the claimed rotational speed difference.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Oh and Nishimine with the feature of: when a time elapsed from start of the shifting of a manual transmission exceeds a predetermined backup time, calculate a clutch operation amount so as to engage the clutch regardless of the rotational speed difference between the engine rotational speed and the input shaft rotational speed, as taught by Nedachi, with a reasonable expectation of success because this feature is an established concept in the manual transmission art to force a shift change when the shift change takes too long to complete; such is useful for ensuring that a shift change is performed successfully and that a driver does not experience discomfort. With the above in mind, one of ordinary skill in the art would have found it obvious to apply Nedachi’s teaching to Oh-Nishimine’s virtual manual transmission to further enhance the simulated feeling of a manual transmission in a battery electric vehicle, thereby yielding the predictable result of an enhanced simulated manual transmission driving experience.
The combination of Oh, Nishimine and Nedachi fails to explicitly disclose:
when an upshift signal or a downshift signal is input, the virtual accelerator operation amount is changed from an accelerator operation amount requested by the driver to zero, and on condition that the virtual accelerator operation amount becomes zero, the virtual clutch is disengaged; and
on condition that the virtual clutch is engaged, the virtual accelerator operation amount is returned from zero to the accelerator operation amount requested by the driver.
Nevertheless, Yoshiaki teaches:
when an upshift signal or a downshift signal is input, an accelerator operation amount is changed from an accelerator operation amount requested by the driver to zero, and on condition that the accelerator operation amount becomes zero, the clutch is disengaged (“The shifting operation is controlled according to a shift control map, not illustrated, and the ECU 11 drives the respective actuators 17˜19 for shifting, clutch control, and throttle control in order to achieve a target gear position determined from the map according to the accelerator control input APS and a vehicle speed V” ¶ 36. “when the target gear position is changed on the map, the throttle angle TPS is set to zero (closed) regardless of the target throttle angle tgtTPS determined from the throttle control map. The clutch 4 is then disengaged to switch the gear position to the target gear position, and the clutch 4 is engaged to return the throttle angle TPS to the target throttle angle tgtTPS determined from the throttle control map. The sequence of operations achieves the target gear position” ¶ 37. See also ¶ 89.); and
on condition that the clutch is engaged, the accelerator operation amount is returned from zero to the accelerator operation amount requested by the driver (See at least ¶¶ 36-37 and 89.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Oh and Nishimine with the features of: when an upshift signal or a downshift signal is input, an accelerator operation amount is changed from an accelerator operation amount requested by the driver to zero, and on condition that the accelerator operation amount becomes zero, the clutch is disengaged; and on condition that the clutch is engaged, the accelerator operation amount is returned from zero to the accelerator operation amount requested by the driver, as taught by Yoshiaki, to yield the claim limitations at issue with a reasonable expectation of success because these features are useful to “compensate for a drop in engine torque when gears are shifted, thus preventing a driver from feeling a sense of incongruity” (Yoshiaki, ¶ 11). With the above in mind, one of ordinary skill in the art would have found it obvious to apply Yoshiaki’s teaching to Oh-Nishimine’s virtual manual transmission to further enhance the simulated feeling of a manual transmission in a battery electric vehicle, thereby yielding the predictable result of an enhanced simulated manual transmission driving experience.
CONCLUSION
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, this action is final. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Mario C. Gonzalez whose telephone number is (571) 272-5633. The Examiner can normally be reached M–F, 10:00–6:00 ET.
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If attempts to reach the Examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey S. Jabr, can be reached on (571) 272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.C.G./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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