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 Office Action is in response to the application filed on 03/11/2025. Claims 1-6 & 8-16 are presently pending and are presented for examination.
Priority
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. SE2450323-7, filed on 03/25/2024.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: METHOD OF CONTROLLING THE GEARSHIFT OF A VEHICLE.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 person shall be entitled to a patent unless –
(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.
Claims 1-6, 8-9, 11, 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohta et al. (US 6070118 A; hereafter Ohta).
Regarding claim 1, Ohta discloses a method of controlling operation of a vehicle ([col. 6 lines 57-60]; “The present invention will be described more specifically with reference to the accompanying drawings. First of all, here will be described the summary of a vehicle to which is directed the present embodiment.”), wherein the method is performed by a control arrangement,
wherein the vehicle comprises a transmission and a power source operably connected to driven wheels of the vehicle via the transmission ([col. 6 lines 60-63]; “In FIG. 1, there is connected to the output side of an engine 1 acting as a power source an automatic transmission 2 which is exemplified by a transmission having gear stages.”),
wherein the transmission is controllable between at least two different gears to provide at least two different transmission ratios between the power source and the driven wheels of the vehicle ([col. 11 lines 52-54]; “In the shift pattern for the curve, a lower gear stage than that of the basic shift pattern is liable to use. Specifically, the upshift point is set to a higher speed side.”), and
wherein the method comprises the steps of, during an acceleration phase or a retardation phase of the vehicle to an inputted target speed ([col. 7 lines 6-14]; “The aforementioned electronic control unit 10 is a unit which is constructed mainly of a microcomputer composed mainly of a processor (e.g., MPU or CPU), a memory unit (e.g., RAM and ROM) and an input/output interface, and is fed with a variety of data such as the depression of an accelerator pedal 11. The output is adjusted by changing the opening of the electronic throttle valve 7 in accordance with the depression of the accelerator pedal 11”
[col. 11 lines 1-5]; “The control system having the construction thus far described controls the automatic transmission 2 on the basis of the road data, as obtained from the aforementioned navigation system 20 or by detecting the actual running states. Here will be described examples of the control.”):
performing a gear shift in the transmission at a default gearshift speed if a difference between the default gearshift speed and the target speed exceeds a threshold difference ([col. 8 lines 10-15]; “When the end of a downslope is detected, the downslope control is ended to allow an upshift”
[col. 29 lines 47-49]; “The control system of the present invention can perform controls in cooperation with a cruise control system for keeping a preset vehicle speed.”
Note: One of ordinary skill in the art would recognize that in situations where the target speed is set to a value that the current gear is not capable of producing, the vehicle would shift to the following gear to reach that speed.); and
abstaining from performing a gear shift in the transmission at a default gearshift speed if a difference between the default gearshift speed and the target speed is equal to, or below, the threshold difference. ([col. 11 lines 52-54]; “In the shift pattern for the curve, a lower gear stage than that of the basic shift pattern is liable to use. Specifically, the upshift point is set to a higher speed side.”
[col. 29 lines 47-49]; “The control system of the present invention can perform controls in cooperation with a cruise control system for keeping a preset vehicle speed.”
Note: One of ordinary skill in the art would recognize that in situations where the target speed is set to a value that the current gear is not capable of producing, the vehicle would shift to the following gear to reach that speed.)
Regarding claim 2, Ohta discloses all of the limitations of claim 1. Additionally, Ohta discloses if the difference between a default gearshift speed and the target speed is equal to, or below, the threshold difference:
performing a gear shift in the transmission when the vehicle has reached the target speed. ([col. 11 lines 52-54]; “In the shift pattern for the curve, a lower gear stage than that of the basic shift pattern is liable to use. Specifically, the upshift point is set to a higher speed side.”
Note: It would be obvious to one of ordinary skill in the art that once the upshift point has been reached, the vehicle would change gears.)
Regarding claim 3, Ohta discloses all of the limitations of claim 1. Additionally, Ohta discloses inputting a vehicle acceleration or retardation demand ([col. 9 lines 21 & 26-27]; “The first data detecting unit 22 is further equipped with a… acceleration sensor 38 for detecting the acceleration of the vehicle.; and
setting the threshold difference based on the magnitude of the vehicle acceleration or retardation demand. ([col. 27 lines 19-24]; “FIG. 22 shows an example of the control. The upslope/downslope control is executed on the basis of the running state such as the actual acceleration, and the shift control of the automatic transmission 2 is executed (at Step 201) on the basis of the road data achieved by the navigation system 20.”)
Regarding claim 4, Ohta discloses all of the limitations of claim 1. Additionally, Ohta discloses inputting the target speed from an at least partially autonomous driving system of the vehicle. ([col. 29 lines 47-49]; “The control system of the present invention can perform controls in cooperation with a cruise control system for keeping a preset vehicle speed.”)
Regarding claim 5, Ohta discloses all of the limitations of claim 1. Additionally, Ohta discloses inputting the target speed using at least one of:
speed limit data,
map data,
curve speed cruise information,
traffic information,
traffic light information, and
data from an external sender. ([col. 10 lines 12-19]; “In the navigation system 20 described above, the data of the roads to be followed, as detected by the first data detecting unit 22, the data of the roads to be followed, as detected by the second data detecting unit 23, and the map data, as stored in the data recording medium 27, are synthetically compared or evaluated to decide the road situations of or around the present position of the vehicle on the route being followed.”)
Claim 6 recites a computer programmed stored in non-transitory computer-readable medium for controlling the vehicles using the methods disclosed in claim 1. Ohta discloses all the limitations of claim 1 in addition to disclosing a ECU that contains a memory unit ([col. 7 lines 7-12]; “The aforementioned electronic control unit 10 is a unit which is constructed mainly of a microcomputer composed mainly of a processor (e.g., MPU or CPU), a memory unit (e.g., RAM and ROM) and an input/output interface, and is fed with a variety of data such as the depression of an accelerator pedal 11.”). Therefore, claim 6 is recited for the same reasoning.
Claim 8 recites a control arrangement that operates the methods disclosed in claim 1. Ohta discloses all the limitations of claim 1 in addition to disclosing an ECU ([col. 7 lines 7-12]; “The aforementioned electronic control unit 10 is a unit which is constructed mainly of a microcomputer composed mainly of a processor (e.g., MPU or CPU), a memory unit (e.g., RAM and ROM) and an input/output interface, and is fed with a variety of data such as the depression of an accelerator pedal 11.”). Therefore, claim 8 is recited for the same reasoning.
Claim 9 recites a vehicle that utilizes the methods disclosed in claim 1. Ohta discloses all the limitations of claim 1 in addition to disclosing a vehicle ([col. 6 lines 58-60]; “First of all, here will be described the summary of a vehicle to which is directed the present embodiment.”). Therefore, claim 6 is recited for the same reasoning.
Regarding claim 11, Ohta discloses all of the limitations of claim 9. Additionally, Ohta discloses the transmission is an automated manual transmission. ([col. 6 lines 60-63]; “In FIG. 1, there is connected to the output side of an engine 1 acting as a power source an automatic transmission 2 which is exemplified by a transmission having gear stages.”)
Claim 13 recites a vehicle that utilizes the methods disclosed in claim 2. Ohta discloses all the limitations of claim 2 in addition to disclosing a vehicle ([col. 6 lines 58-60]; “First of all, here will be described the summary of a vehicle to which is directed the present embodiment.”). Therefore, claim 13 is recited for the same reasoning.
Claim 14 recites a vehicle that utilizes the methods disclosed in claim 3. Ohta discloses all the limitations of claim 3 in addition to disclosing a vehicle ([col. 6 lines 58-60]; “First of all, here will be described the summary of a vehicle to which is directed the present embodiment.”). Therefore, claim 14 is recited for the same reasoning.
Claim 15 recites a vehicle that utilizes the methods disclosed in claim 4. Ohta discloses all the limitations of claim 4 in addition to disclosing a vehicle ([col. 6 lines 58-60]; “First of all, here will be described the summary of a vehicle to which is directed the present embodiment.”). Therefore, claim 15 is recited for the same reasoning.
Claim 16 recites a vehicle that utilizes the methods disclosed in claim 5. Ohta discloses all the limitations of claim 5 in addition to disclosing a vehicle ([col. 6 lines 58-60]; “First of all, here will be described the summary of a vehicle to which is directed the present embodiment.”). Therefore, claim 16 is recited for the same reasoning.
Claim Rejections - 35 USC § 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 (i.e., changing from AIA to pre-AIA ) 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.
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 10 and 12 are rejected under 35 U.S.C. 103 as being obvious in view of Ohta as evidenced by Somogyi et al. (“Efficiency optimization of electric buses through transmission control”; hereafter Somogyi).
Regarding claim 10, Ohta discloses all the limitations of claim 9. Additionally Somogyi in the same field of endeavor teaches the power source is an electric machine. ([Abstract]; “The main goal of the research is to create a transmission control algorithm, which can operate the electric motors with the highest efficiency, while maintaining the dynamics required by the field of application. In conventional electric vehicles, there is only a fixed reduction gear attached to the motors, but in the case of a bus (or any heavy commercial vehicle), better results can be achieved by including a multi-speed gearbox.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ohta with Somogyi. This modification would have been obvious because both Ohta and Somogyi cover subject matter within the same field of endeavor (control of transmission systems of vehicles) and it would have been beneficial to apply the teachings of Ohta to the electric vehicles as taught by Somogyi.
Regarding claim 12, Ohta discloses all the limitations of claim 9. Additionally Somogyi in the same field of endeavor teaches the vehicle is a heavy road vehicle. ([Abstract]; “The main goal of the research is to create a transmission control algorithm, which can operate the electric motors with the highest efficiency, while maintaining the dynamics required by the field of application. In conventional electric vehicles, there is only a fixed reduction gear attached to the motors, but in the case of a bus (or any heavy commercial vehicle), better results can be achieved by including a multi-speed gearbox.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ohta with Somogyi. This modification would have been obvious because both Ohta and Somogyi cover subject matter within the same field of endeavor (control of transmission systems of vehicles) and it would have been beneficial to apply the teachings of Ohta to the heavy vehicles as taught by Somogyi.
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure and may be found in the accompanying PTO-892 Notice of References Cited.
AMT control of commercial vehicles Zhang et al. (CN 115539623 A; hereafter Zhang)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON SUNG EUN LEE whose telephone number is (571)272-5684. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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/B.S.L./Examiner, Art Unit 3668
/JUSTIN S LEE/Primary Examiner, Art Unit 3668
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