DETAILED ACTION
The following action is in response to application 19/077,497 filed on March 12, 2025.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
With regard to claim 10, on pages 22-23 of the specification applicant claims the inputting of the target speed may be set based on a variety of possible factors (including speed limit data, map data, curve speed cruise information, traffic information, data from an external sender and traffic light information). It is disclosed and understood how a speed limit data, map data (which can be linked to a speed limit data) and data from an external sender can be used for inputting the target speed. It can be shown, however, that applicant has only mentioned a curve speed cruise information, traffic information and traffic light information, without disclosing how each of those would lead to a target speed. It is suggested applicant remove those 3 variables from claim 10.
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.
Claim(s) 1-2, 8-11 and 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liwell (US 20190100206). With regard to claims 1, 11, 13 and 14, Liwell teaches a method of controlling operation of a vehicle/computer program P stored on a medium 26, wherein the method is performed by a control arrangement, and wherein the vehicle comprises a transmission 6 and a power source 4 operably connected to driven wheels of the vehicle (Fig. 1) via the transmission, 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 (paragraph 33), and wherein the method comprises the steps of: selecting a starting gear in the transmission based on an inputted target speed (paragraph 14), and then accelerating the vehicle from standstill with the starting gear engaged in the transmission (paragraph 18). With regard to claims 2 and 18, Liwell teaches the method, wherein the method comprises: selecting the starting gear to reduce the number of gear shifts needed for reaching the target speed (paragraph 14). With regard to claim 8, Liwell teaches the method, wherein the step of selecting the starting gear involves: skipping a lower gear which is configured to provide a higher transmission ratio between the power source and the driven wheels than the selected starting gear (paragraph 18). With regard to claim 9, Liwell teaches the method, wherein the method comprises the step of: inputting the target speed from an at least partially autonomous driving system of the vehicle (Fig. 6). With regard to claim 10, Liwell teaches the method, wherein the method comprises the step of inputting the target speed using at least one of: speed limit data, map data, curve speed cruise information, traffic information, data from an external sender (paragraph 33; from 26), and traffic light information. With regard to claim 15, Liwell teaches the vehicle, wherein the power source is an electric machine 4. With regard to claim 16, Liwell teaches the vehicle, wherein the transmission 6 is an automated manual transmission (paragraph 33). With regard to claim 17, Liwell teaches the vehicle, wherein the vehicle is a heavy road vehicle (Fig. 1).
Claim(s) 1-4, 7-11, 13-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mair (US 20130040781 (from IDS)). With regard to claims 1, 11, 13 and 14, Mair teaches a method of controlling operation of a vehicle/computer program stored on a medium (paragraph 64; control device), wherein the method is performed by a control arrangement, and wherein the vehicle comprises a transmission G and a power source WM operably connected to driven wheels of the vehicle (Fig. 2) via the transmission, 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 (paragraph 20), and wherein the method comprises the steps of: selecting a starting gear in the transmission based on an inputted target speed GAnf_vZiel, and then accelerating the vehicle from standstill with the starting gear engaged in the transmission (paragraph 20). With regard to claims 2 and 18, Mair teaches the method, wherein the method comprises: selecting the starting gear to reduce the number of gear shifts needed for reaching the target speed (paragraph 39). With regard to claims 3 and 19, Mair teaches the method, wherein the step of accelerating the vehicle comprises: accelerating the vehicle from standstill to the target speed with the starting gear engaged in the transmission (paragraph 39). With regard to claims 4 and 20, Mair teaches the method, wherein the step of selecting the starting gear comprises: selecting the starting gear based on a calculated rotational speed of the power source when the vehicle reaches the target speed with the selected starting gear (paragraphs 39/40). With regard to claim 7, Mair teaches the method, wherein the method comprises the step of: inputting a vehicle acceleration demand XFP, and wherein the step of selecting the starting gear comprises: selecting the starting gear in the transmission based on the inputted target speed and the inputted vehicle acceleration demand (paragraph 39). With regard to claim 8, Mair teaches the method, wherein the step of selecting the starting gear involves: skipping a lower gear which is configured to provide a higher transmission ratio between the power source and the driven wheels than the selected starting gear (paragraphs 39/41). With regard to claim 9, Mair teaches the method, wherein the method comprises the step of: inputting the target speed from an at least partially autonomous driving system of the vehicle (paragraph 40). With regard to claim 10, Mair teaches the method, wherein the method comprises the step of inputting the target speed using at least one of: speed limit data (Vziel; applicant has not claimed a speed limit for a particular road), map data, curve speed cruise information, traffic information, data from an external sender, and traffic light information. With regard to claim 16, Mair teaches the vehicle, wherein the transmission 6 is an automated manual transmission (paragraph 55; stepped). With regard to claim 17, Mair teaches the vehicle, wherein the vehicle is a heavy road vehicle (paragraph 40).
Claim(s) 1-5, 8-14 and 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bjernetun (US 20160229400 (from IDS)). With regard to claims 1, 11, 13 and 14, Bjernetun teaches a method of controlling operation of a vehicle/computer program stored on a medium 5, wherein the method is performed by a control arrangement, and wherein the vehicle comprises a transmission 12 and a power source 11 operably connected to driven wheels of the vehicle (Fig. 2) via the transmission, 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 (paragraph 3), and wherein the method comprises the steps of: selecting a starting gear in the transmission based on an inputted target speed (paragraph 33), and then accelerating the vehicle from standstill with the starting gear engaged in the transmission (step 100; paragraph 32). With regard to claims 2 and 18, Bjernetun teaches the method, wherein the method comprises: selecting the starting gear to reduce the number of gear shifts needed for reaching the target speed (paragraph 14). With regard to claims 3 and 19, Bjernetun teaches the method, wherein the step of accelerating the vehicle comprises: accelerating the vehicle from standstill to the target speed with the starting gear engaged in the transmission (paragraph 32). With regard to claims 4 and 20, Bjernetun teaches the method, wherein the step of selecting the starting gear comprises: selecting the starting gear based on a calculated rotational speed of the power source when the vehicle reaches the target speed with the selected starting gear (paragraph 30). With regard to claims 5 and 21, Bjernetun teaches the method, wherein the method comprises the step of: performing an upshift in the transmission when the vehicle has reached the target speed (paragraph 37). With regard to claim 8, Bjernetun teaches the method, wherein the step of selecting the starting gear involves: skipping a lower gear which is configured to provide a higher transmission ratio between the power source and the driven wheels than the selected starting gear (step 120; lower than threshold). With regard to claim 9, Bjernetun teaches the method, wherein the method comprises the step of: inputting the target speed from an at least partially autonomous driving system of the vehicle (paragraph 2). With regard to claim 10, Bjernetun teaches the method, wherein the method comprises the step of inputting the target speed using at least one of: speed limit data, map data, curve speed cruise information, traffic information (via 3), data from an external sender, and traffic light information. With regard to claim 16, Bjernetun teaches the vehicle, wherein the transmission 6 is an automated manual transmission (paragraph 3). With regard to claim 17, Bjernetun teaches the vehicle, wherein the vehicle is a heavy road vehicle (paragraph 5).
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the method as claimed, and particularly wherein the method comprises the step of: abstaining from performing an upshift in the transmission at a default upshift speed during acceleration of the vehicle to the target speed if a difference between the default upshift speed and the target speed is below a threshold difference, and including the remaining structure and controls of claim 6.
Suggestions for Applicant
It is suggested applicant amend claims 1, 11, 13 and 14 to include the limitations of claim 6, and also amend claim 10 to remove the input variables that were not enabled by the specification (see 35 USC 112, first paragraph rejection above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Amsallen ‘862 has been cited to show a similar method comprising: a power source 10, a transmission 14, wherein a starting gear is selected 60 as a function of a target speed and acceleration demand 46 (Col. 3, lines 30-40).
Mori ‘548 has been cited to show a similar method comprising: a power source 11, a transmission 12, wherein a starting gear is selected as a function of a vehicle speed and acceleration demand (Abstract).
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
December 17, 2025