DETAILED ACTION
Introduction
Claims 1, 2, 4, and 5 have been examined in this application. Claims 1 and 2 are amended. Claims 4 and 5 are new. Claim 3 is cancelled.
This is a final office action in response to the arguments and amendments filed 4/27/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Office Action Formatting
The following is an explanation of the formatting used in the instant Office Action:
• [0001] – Indicates a paragraph number in the most recent, previously cited source;
• [0001, 0010] – Indicates multiple paragraphs (in example: paragraphs 1 and 10) in the most recent, previously cited source;
• [0001-0010] – Indicates a range of paragraphs (in example: paragraphs 1 through 10) in the most recent, previously cited source;
• 1:1 – Indicates a column number and a line number (in example: column 1, line 1) in the most recent, previously cited source;
• 1:1, 2:1 – Indicates multiple column and line numbers (in example, column 1, line 1 and column 2, line 2) in the most recent, previously cited source;
• 1:1-10 – Indicates a range of lines within one column (in example: all lines spanning, and including, lines 1 and 10 in column 1) in the most recent, previously cited source;
• 1:1-2:1 – Indicates a range of lines spanning several columns (in example: column 1, line 1 to column 2, line 1 and including all intervening lines) in the most recent, previously cited source;
• p. 1, ln. 1 – Indicates a page and line number in the most recent, previously cited source;
• ¶1 – The paragraph symbol is used solely to refer to Applicant's own specification (further example: p. 1, ¶1 indicates first paragraph of page 1); and
• BRI – the broadest reasonable interpretation.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on Application JP2024-001359 filed in Japan on 01/09/2024. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted 5/26/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Drawings
The office confirms that the drawings filed 12/19/2024 are accepted.
Response to Arguments
Applicant's arguments, filed 4/27/2026, have been fully considered.
Regarding the remarks pertaining to the drawings (presented on p. 5), the office confirms that the drawings filed 12/19/2024 are accepted and this is now indicated on form PTO-326 included with the present office action.
Regarding the remarks pertaining to the claim interpretation under 112(f) (presented on p. 6), the remarks are acknowledged, however based on the claim amendments, no claim terms are presently interpreted as invoking 112(f).
Regarding the arguments pertaining to the claim rejections under 103 (presented on p. 6-7), the arguments and amendments are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of the additional prior art of US2015/0298546A1 (Maruyama et al.) as well as the previously relied upon prior art of US2024/0191680A1 (Liu et al.).
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, 2, 4, and 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.
Regarding Claim 1, the limitations to 1) set the switching value to a larger value as the temperature of the engine decreases 2) set the switching value to a first constant value and 3) set the switching value to a second constant value, render the claim indefinite. It is not clear how the three limitations are compatible, as limitation 1) establishes that the switching value varies with temperature, but limitations 2) and 3) state that the switching value is equal to a constant for particular speed conditions. It is not clear whether the switching value changes with engine temperature only for conditions not covered by limitations 2), or 3), or alternatively whether limitations 2) and 3) are describing a constant with respect to speed, for any single given temperature, or something else. The scope of the claim is therefore indefinite. For the purposes of examination, the limitations are interpreted as limitations 2) and 3) describing a switching value map with constant value (i.e. flat) portions and limitation 1) is understood as any further function or adjustment based on temperature.
Claims 2, 4, and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent on rejected Claim 1 and for failing to cure the deficiencies listed above.
Regarding Claim 2, the limitation to “set the switching value to a larger value as the amount of charge in the battery increases” renders the claim indefinite. In view of the issues of indefiniteness in Claim 1, as presented above, it is not clear how the limitation is compatible with constant switching values. Additionally, in view of the specification and drawings, it is not clear how the setting based on amount of charge and setting based on temperature both work together. As best understood, Figures 3A and 3B show features where the temperature or SOC are used for setting the switching value individually, but it is not clear how both temperature and SOC are used at the same time. The scope of the claim is therefore indefinite. For the purposes of examination, the limitation is interpreted as any teaching or suggestion of setting a switching value based on battery state of charge.
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Publication US2015/0298546A1 (Maruyama et al.) in view of Published Application US2024/0191680A1 (Liu et al.).
Regarding Claim 1, Maruyama et al. discloses a control device (see Figure 1, [0033], ECUs) for a hybrid electric vehicle (see [0032]) including an engine (see Figure 1, [0032] engine 14), a first motor generator (MG) (see Figure 1, [0040] traction motor 16, with regeneration function), and a second MG that are traction power sources (see [0119] can include two traction motors), the control device comprising an electronic control unit (see [0033] ECUs) configured to:
switch the hybrid electric vehicle to hybrid driving (see [0046-0047] ENG+MOT mode selected) in a case where a requested driving force requested to the hybrid electric vehicle is equal to or greater than a switching value (see Figure 2, [0047] when requested driving force is high enough to be in the ENG+MOT region, which is a case where the it is higher than either the line between MOT and ENG mode or line between ENG and ENG+MOT mode (either line being a switching value for a particular speed)), and switch the hybrid electric vehicle to motor driving (see Figure 2, [0047] selection of MOT mode) in a case where the requested driving force is less than the switching value (see Figure 2, MOT mode region being a case where the requested driving force is smaller than either line), the hybrid driving being driving in which the hybrid electric vehicle travels with power of the engine and at least one of the first MG and the second MG (see [0045]), and the motor driving being driving in which the hybrid electric vehicle travels with power of at least one of the first MG and the second MG while the engine is stopped (see [0045]);
acquire a temperature of the engine (see [0127] temperature of the engine established);
acquire a vehicle speed of the hybrid electric vehicle (see [0044]);
set the switching value to a first constant value in response to the vehicle speed being lower than a first speed threshold (see Figure 2, flat region of line TH2 for low speed being a first constant value);
set the switching value to increase as the vehicle speed decreases in response to the vehicle speed being equal to or higher than the first speed threshold and lower than a second speed threshold that is larger than the first speed threshold (see Figure 2, the slope of TH2 between the two flat portions having section(s) that increase as speed decreases); and
set the switching value to a second constant value in response to the vehicle speed being equal to or higher than the second speed threshold, the second constant value being smaller than the first constant value (see Figure 2, the second flat portion of TH2 for high speeds).
Maruyama et al. does not explicitly recite:
set the switching value to a larger value as the temperature of the engine decreases.
However, Liu et al. teaches a technique for hybrid vehicle mode control (see [0137, 0176]), configured to:
set the switching value (see [0178] start power limit is determined) to a larger value as the temperature of the engine decreases (see [0189, 0191] Table I values for cold engine as opposed to Table II for warm and hot engine, and see top row e.g. 24 for speeds of 34 and 52 in Table I are higher than 19 in Table II).
Therefore, 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 map of switching values of Maruyama et al. to further vary based on temperature as taught by Liu et al., with a reasonable expectation of success, with the motivation of improving engine running across a variety of conditions (see Liu et al., [0188-0189]).
Regarding Claim 2, Maruyama et al. discloses the control device according to claim 1, wherein the electronic control unit is further configured to:
acquire an amount of charge in a battery (see Figure 7, [0068] step S2) that is a power source of the first MG and the second MG (see [0040]); and
set the switching value to a larger value as the amount of charge in the battery increases (see Figure 7, [0069, 0071] Figure 2 map for higher remaining power level as opposed to Figure 3 map for lower level, and [0050] Figure 3 map has no MOT mode, i.e. 0 switching value, so Figure 2 values are relatively higher).
Regarding Claim 4, Maruyama et al. discloses the control device according to claim 1, wherein the electronic control unit is configured to acquire the temperature of the engine from a water temperature sensor configured to detect a coolant temperature of a coolant of the engine (see [0127]) or from an oil temperature sensor configured to detect an oil temperature of a lubricating oil of the engine.
Regarding Claim 5, Maruyama et al. discloses the control device according to claim 1, wherein the electronic control unit is configured to acquire the vehicle speed from a vehicle speed sensor mounted in the hybrid electric vehicle (see [0033]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE 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 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.
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/P.A./Examiner, Art Unit 3669
/Erin M Piateski/Supervisory Patent Examiner, Art Unit 3669
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