DETAILED ACTION
1. Claims 1-13 of application 18/993,178, filed on 10-January-2025, are presented for examination. The IDS received on the same date has been considered.
The present application, filed on or after 16-March-2013, is being examined under the first inventor to file provisions of the AIA .
Rejections under 35 U.S.C. § 112(b)
2.1 The following is a quotation of 35 U.S.C. 112(b):
(b) 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.
2.2 Claims 9 and 10 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. The following is a list of the specific rejections:
The claimed feature in claim 9 for “the vehicle speed control based on information on an operation amount of the rotational…” is not clearly understood because the feature appears to be incomplete and without a period. Therefore, the metes and bounds of the claimed invention cannot be determined and the claim is indefinite.
Claim 10 is rejected for being dependent upon rejected base claim 9.
Claim Rejections under 35 U.S.C. § 102(a)(1)
3.1 The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102 that form the basis for the rejections under this section made in this Office action:
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
3.2 Claims 1-13 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Ozeki et al., JP 2021-160711. For simplicity, the Examiner will refer to corresponding English Language Equivalent document, USP Publication 2023/0107472.
3.3 Ozeki discloses:
Claims 1 and 13: A controller (20) that controls behavior [¶0008] of a straddle-type vehicle (1) [0038; Fig. 1], the controller configured to:
execute a control mode in which vehicle speed control is enabled in response to a first trigger and the vehicle speed control is disabled in response to a second trigger, in the vehicle speed control, a vehicle speed of the straddle-type vehicle (1) being controlled based on a target vehicle speed in the case where it is determined that the straddle-type vehicle (1) travels on a downhill road [0008 (a controller (40) configured to switch between a constant speed traveling mode in which a vehicle speed (V) is held constant (first trigger) and an inertial traveling mode in which a prime mover (13) is stopped or in an idling state (second trigger), and a clutch apparatus (26) configured to connect and disconnect power transmission between the prime mover (13) and an output target (21), wherein the controller (40) is configured to control the clutch apparatus (26) and to decrease a clutch capacity (Cap) so as to transit to the inertial traveling mode when detected that the vehicle is traveling on a downhill road during the constant speed traveling mode); 0126 (In the cruise mode, for example, when the ECU 40 detects that the motorcycle 1 approaches the downhill road on the basis of the detection information of the acceleration sensor 41a (see FIG. 3) (the timing t1 in the drawings), the motorcycle 1 shifts to a coasting mode (an inertial traveling mode). In the coasting mode, the clutch apparatus 26 shifts to the disconnection state, and a free running state (inertial traveling state) in which engine braking is not operated is created.)], wherein
the controller executes the control mode based on the rotational operation information as information on a rotational operation [0049 (The ECU 40 controls an actuation of the clutch actuator 50 while controlling actuations of the ignition device 47 and the fuel injection device 48 on the basis of detection information of various vehicle states, including the throttle opening sensor 41d configured to detect a throttle opening)] to rotate an accelerator grip (4R) [0050 (a throttle grip or the like operated by a driver)], which is located at a reference position (PO) in an unloaded state by a rider of the straddle-type vehicle (1) [0124 (when a driver operates a cruise control switch 45 (see FIG. 3) under a prescribed traveling condition (for example, a vehicle speed V1 of a prescribed speed or greater), the motorcycle 1 shifts to a cruise mode. In the cruise mode, engine accessories and the like are controlled in order to hold the vehicle speed V1 constant at the time of the switch operation…In the cruise mode, even when the driver releases his/her hand from the throttle grip, traveling on at the vehicle speed V1 can be continued.)] and changes drive power generated to the straddle-type vehicle (1) when being rotated within an angle range located in a first direction (D1) with the reference position (PO) being a reference, within an angle range located in a second direction (D2) as a reverse direction from the first direction (D1) with the reference position (PO) being the reference [0125 (In the cruise mode, unless there is a particular factor that hinders the constant speed traveling of the motorcycle 1, each of an engine rotational speed Ne, a throttle grip opening degree Gθth, a throttle body (valve) opening degree B0th and a clutch capacity Cap changes constant(ly).); 0128 (In the coasting mode, the valve opening degree Bθth of the throttle body is reduced from an opening degree Bθ1 during cruise traveling on according to the change of the clutch capacity Cap. In the coasting mode, the valve opening degree Bθth is reduced to an opening degree Bθ2 for a coasting mode (for example, an angle where a throttle is fully closed).); 0130 (Further, in the coasting mode, the opening degree Gθth of the throttle grip does not have to change just by shifting to the coasting mode.)].
Claim 2: wherein in the control mode, in the case where the rotational operation information is information indicating that the rotational operation has been performed, the controller enables the vehicle speed control with the rotational operation as the first trigger [0008 (a controller (40) configured to switch between a constant speed traveling mode in which a vehicle speed (V) is held constant (first trigger)); 0062 (In the automatic mode M1, the clutch capacity is controlled based on the throttle opening, the engine rotational speed, the vehicle speed, the shift sensor output, and the like.); 0126].
Claim 3: wherein in the control mode, the controller changes an initiation state of the vehicle speed control based on information on an operation amount of the rotational operation as the rotational operation information [0008; 0062 (In the automatic mode M1, the clutch capacity is controlled based on the throttle opening, the engine rotational speed, the vehicle speed, the shift sensor output, and the like.); 0124 (Here, when a driver operates a cruise control switch 45 (see FIG. 3) under a prescribed traveling condition (for example, a vehicle speed V1 of a prescribed speed or greater), the motorcycle 1 shifts to a cruise mode.); 0126].
Control 4: wherein in the control mode, the controller changes the target vehicle speed at initiation of the vehicle speed control based on the information on the operation amount of the rotational operation as the rotational operation information [0008; 0062; 0126].
Claim 5: wherein in the control mode, the controller changes an initiation state of the vehicle speed control on the basis of information on a degree of a change in an operation amount of the rotational operation as the rotational operation information [0008; 0062; 0126; 0128; 0130].
Claim 6: wherein in the control mode, the controller changes the target vehicle speed at initiation of the vehicle speed control based on the information on the degree of the change in the operation amount of the rotational operation as the rotational operation information [0008; 0062; 0126; 0128; 0130].
Claim 7: wherein in the control mode, in the case where the rotational operation information is information indicating that the rotational operation has been performed, the controller disables the vehicle speed control with the rotational operation as the second trigger [0008 (a controller (40) configured to switch between…an inertial traveling mode in which a prime mover (13) is stopped or in an idling state (second trigger), and a clutch apparatus (26) configured to connect and disconnect power transmission between the prime mover (13) and an output target (21), wherein the controller (40) is configured to control the clutch apparatus (26) and to decrease a clutch capacity (Cap) so as to transit to the inertial traveling mode when detected that the vehicle is traveling on a downhill road during the constant speed traveling mode); 0126 (In the cruise mode, for example, when the ECU 40 detects that the motorcycle 1 approaches the downhill road on the basis of the detection information of the acceleration sensor 41a (see FIG. 3) (the timing t1 in the drawings), the motorcycle 1 shifts to a coasting mode (an inertial traveling mode). In the coasting mode, the clutch apparatus 26 shifts to the disconnection state, and a free running state (inertial traveling state) in which engine braking is not operated is created.)].
Claim 8: wherein in the control mode, the controller changes a continuous state of the vehicle speed control based on the information on the rotational operation that is performed during execution of the vehicle speed control as the rotational operation information [0125 (In the cruise mode, unless there is a particular factor that hinders the constant speed traveling of the motorcycle 1, each of an engine rotational speed Ne, a throttle grip opening degree Gθth, a throttle body (valve) opening degree B0th and a clutch capacity Cap changes constant(ly).)].
Claim 9: wherein in the control mode, the controller changes the continuous state of the vehicle speed control based on information on an operation amount of the rotational [0125 (In the cruise mode, unless there is a particular factor that hinders the constant speed traveling of the motorcycle 1, each of an engine rotational speed Ne, a throttle grip opening degree Gθth, a throttle body (valve) opening degree B0th and a clutch capacity Cap changes constant(ly).)]
Claim 10: wherein in the control mode, the controller changes the target vehicle speed during continuation of the vehicle speed control based on the information on the operation amount of the rotational operation as the rotational operation information [0008; 0062; 0126].
Claim 11: wherein in the control mode, the controller changes the continuous state of the vehicle speed control based on information on a degree of a change in an operation amount of the rotational operation as the rotational operation information [0008; 0062; 0126; 0128; 0130].
Claim 12: wherein in the control mode, the controller changes the target vehicle speed during continuation of the vehicle speed control based on the information on the degree of the change in the operation amount of the rotational operation as the rotational operation information [0008; 0062; 0126; 0128; 0130].
Prior Art
4. The following prior art, discovered in an updated search and herein made of record, is considered pertinent to Applicant’s disclosure, and consists of documents A-F and N on the attached PTO-892 Notice of References Cited:
Documents A-C define documents of particular relevance, wherein the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone.
Documents D-F define the general state of the art which is not considered to be of particular relevance.
Prior Art of Record
5. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. [SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123].
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art [See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966)]. Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference [See In re Freda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963)]. Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art [See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973)]. Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references [See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962)].
Response Guidelines
6.1 A shortened statutory period for response to this non-final action is set to expire 3 (three) months and 0 (zero) days from the date of this letter. Unless the applicant is notified in writing that a reply is required in less than six months (see the shortened response period previously noted), a maximum period of six months is allowed, if a petition for an extension of time and the fee set in § 1.17(a) are filed [see MPEP 710 and 35 U.S.C. 133]. Failure to respond within the required period for response will cause the application to become abandoned [see MPEP 710.02, 710.02(b)].
6.2 Any response to the Examiner in regard to this non-final action should be
directed to: Russell Frejd, telephone number (571) 272-3779, Monday-Friday from 0730 to
1600 ET. If attempts to reach the examiner by telephone are unsuccessful,
please contact the examiner’s supervisor, Peter Nolan, who can be reached at
(571) 270-7016.
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/RUSSELL FREJD/
Primary Examiner AU 3661