DETAILED CORRESPONDENCE
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 is the non-final office action on the merits of Application No. 19/103,691 filed on 02/13/2025. Claims 1-6, 8-20, and 25 are pending. Claims 1, 8, and 13 are independent claims.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/13/2026 has been entered.
Priority
There is no foreign priority claimed. However, the certified copy has been filed with application no 371 of PCT/US2023/072297, filed on 08/16/2023 which has PRO 63373372 filed on 08/24/2022.
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 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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 20220009476 A1)(hereinafter “Cho”) in view of KUBE et al. (DE 102006055541 A1)(hereinafter “KUBE”)(machine translation relied upon as attached).
Regarding claim 1, Cho discloses a method of launching a vehicle (figs. 1-6) including a hybrid powertrain, the method comprising:
opening or maintaining open a clutch (130, fig. 3A) that is positioned between an engine (110, fig. 3A) of the hybrid powertrain on a first side of the clutch and a motor/generator (130, fig. 3B) of the hybrid powertrain on a second side of the clutch while the vehicle is in a stopped position (e.g. when a driver steps on an accelerator pedal);
propelling the vehicle from the stopped position with a motor/generator (140) of the hybrid powertrain; (see para 10 “In such a vehicle, when a driver steps on an accelerator pedal after commencing movement of the vehicle, the motor 140 is first driven using the power of a battery in the state in which the engine clutch 130 is open, and then the power of the motor is transmitted to the wheels via the transmission 150 and a final drive (FD) 160 in order to rotate the wheels (i.e. the EV mode). When greater driving force is needed as the vehicle is accelerated, a starter/generator motor 120 may be operated so as to drive the engine 110.”)
synchronizing an output speed (e.g. rotational speed of the engine, para 11) of the engine (110) with an input speed (e.g. rotational speed of the motor 140) of the drivetrain at a synchronization speed (e.g. the speed when the rotational speed of engine becomes equal to the motor speed) that is equal to or greater than an idle speed (see e.g. 1200 rpm, para 17) of the engine while the positive clutch is open; and
closing the clutch (130) to connect the engine (110) to the motor/generator (140) when the output speed and the input speed are synchronized (e.g. when the rotational speed of engine become equal to the motor speed). (see para 11 “When the rotational speeds of the engine 110 and the motor 140 become equal, the engine clutch 130 is locked, with the result that both the engine 110 and the motor 140, or only the engine 110, drives the vehicle (i.e. transition from the EV mode to the HEV mode.”))
But Cho fails to disclose the clutch is a positive clutch and wherein the positive clutch (3) is a non-slipping clutch in which the first and second sides of the positive clutch are configured to interlock with one another while the positive clutch is closed with no slipping between the first and second sides.
KUBE teaches a similar kind of powertrain comprising a positive clutch (3, paras 6-7) as shown in figs. 1, that is positioned between an engine (1, fig. 1) of the hybrid powertrain on a first side of the clutch (3) and a motor/generator (2, fig. 1) of the hybrid powertrain on a second side of the clutch (3) and wherein the positive clutch (3) is a non-slipping clutch in which the first and second sides of the positive clutch are configured to interlock with one another while the positive clutch is closed with no slipping between the first and second sides. (see para 16)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cho by substituting the clutch with a positive clutch as taught by KUBE in order to achieve the most compact design and to reduce the overall cost of the system and therefore, provide a reliable and efficient engagement. (see paras 6 and 10)
Regarding claim 2, Cho/ KUBE discloses the method as modified according to claim 1, further comprising starting the engine after propelling the vehicle with the motor/generator. (see para 10 “In such a vehicle, when a driver steps on an accelerator pedal after commencing movement of the vehicle, the motor 140 is first driven using the power of a battery in the state in which the engine clutch 130 is open, and then the power of the motor is transmitted to the wheels via the transmission 150 and a final drive (FD) 160 in order to rotate the wheels (i.e. the EV mode). When greater driving force is needed as the vehicle is accelerated, a starter/generator motor 120 may be operated so as to drive the engine 110.”)
Regarding claim 3, Cho/ KUBE discloses the method as modified according to claim 2, wherein starting the engine includes starting the engine with a starter motor (120,fig. 3A).
Regarding claim 4, Cho/ KUBE discloses the method as modified according to claim 1, wherein the output speed and the input speed are synchronized when the output speed is within a predetermined threshold of the input speed.
Regarding claim 5, Cho/ KUBE discloses the method as modified according to claim 1, wherein propelling the vehicle includes propelling the vehicle after the engine is stopped. (see step 607 in fig. 6)
Regarding claim 6, Cho/ KUBE discloses the method as modified according to claim discloses the method of claim 1, wherein propelling the vehicle includes propelling the vehicle from a stopped position of the vehicle. (see para 17 “Referring to FIG. 2, in the state in which the vehicle is stopped with the transmission 150 shifted to the P range, the engine is started, and then the engine clutch 130 is locked in order to perform charging through the motor 140. At this time, since the engine clutch 130 is in the locked state, the speeds of the engine 110 and the motor 140 are the same, and the engine 110 is controlled to be driven at a preset idle charging speed (e.g. 1200 RPM)”)
Claims 13, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over KUBE et al. (DE 102006055541 A1) in view of Tanba et al. (US 20110174558 A1)(hereinafter “Tanba”).
Regarding claim 13, KUBE discloses a method of operating a vehicle including a hybrid powertrain (see abstract, fig. 1), the method comprising:
propelling the vehicle with the hybrid power train, and while a positive clutch ((3, paras 6-7) is positioned between an engine (1) of the hybrid powertrain on a first side of the positive clutch (3) and a motor/generator (15) of the hybrid powertrain on a second of the positive clutch is closed, wherein the positive clutch (3) is a non-slipping clutch in which the first and second sides of the positive clutch are configured to interlock with one another while the positive clutch is closed with no slipping between the first and second sides. (see para 16)
but fails to disclose
Tanba teaches a method of operating a vehicle including a hybrid powertrain (see para 1, fig. 1), the method comprising:
propelling the vehicle with the hybrid power train, and while a clutch (e.g. C2, fig. 1, para 19) is closed between an engine (10) and a motor/generator (15) of the hybrid powertrain:
controlling an output torque of the engine and the motor/generator to unload a current gear of a transmission of the vehicle while the clutch is closed (e.g. C2 is engaged); (see para 27 “When the vehicle speed becomes suitable for travel at the second speed, the controller 20 causes the shift fork F2 to shift the sleeve M of second changeover clutch D2 rightward so that a drive train at the second speed step is established by the second speed gear set G2 in the second gear-shift mechanism SM2 and causes the second friction clutch C2 to engage after release of first friction clutch C1.”)
shifting the unloaded transmission to a neutral gear while the clutch is closed (e.g. C2 is in engaged) ; (see para 27 “After engagement of the second friction clutch C2, the controller 20 causes the shift fork F1 to return the sleeve M of first changeover clutch D1 to the neutral position.”)
adjusting the output torque of the engine and the motor/generator to operate the engine and the motor/generator at a speed for a new gear (e.g. G2) of the transmission (e.g. a second gear speed) while the clutch is closed; (see para 27 “When the vehicle speed becomes suitable for travel at the second speed, the controller 20 causes the shift fork F2 to shift the sleeve M of second changeover clutch D2 rightward so that a drive train at the second speed step is established by the second speed gear set G2 in the second gear-shift mechanism SM2 and causes the second friction clutch C2 to engage after release of first friction clutch C1.”) and
shifting the transmission into the new gear (e.g. G2). (see para 27)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify KUBE by adopting the method of operation as taught by Tanba in order to reduce drag torque caused by relative rotation of the input and output members of the clutch for decreasing loss of the drive power and therefore, provide a reliable and efficient engagement. (see para 08)
Regarding claim 15, KUBE /Tanba discloses the method as modified according to claim 13, KUBE further discloses wherein the positive clutch (3) prevents slipping between the engine (1) and the motor/generator (2). (see para 6)
Regarding claim 19, KUBE /Tanba discloses the method as modified according to claim 13, Tanba further discloses further comprising transitioning between operating modes of the vehicle with the hybrid powertrain, the transitioning comprising:
starting the engine of the hybrid powertrain while the positive clutch that is positioned between the engine and the motor/generator of the hybrid powertrain is open;
synchronizing an output speed of the engine with an input speed of the drivetrain; and closing the positive clutch to connect the engine to the motor/generator when the output speed and the input speed are synchronized.
(see para 27 of Tanba “When the vehicle speed becomes suitable for travel at the second speed, the controller 20 causes the shift fork F2 to shift the sleeve M of second changeover clutch D2 rightward so that a drive train at the second speed step is established by the second speed gear set G2 in the second gear-shift mechanism SM2 and causes the second friction clutch C2 to engage after release of first friction clutch C1. After engagement of the second friction clutch C2, the controller 20 causes the shift fork F1 to return the sleeve M of first changeover clutch D1 to the neutral position. Thereafter, the controller 20 causes the first and second friction clutches C1 and C2 to alternately engage for sequentially establishing a drive train at the other speed step suitable for travel condition of the vehicle in a similar manner described above. In FIG. 2, an arrow of broken line represents the transfer path of drive power of engine 10 in a condition where the vehicle is traveling at the third speed step in the first gear-shift mechanism SM1. In FIG. 3, an arrow of broke line represents the transfer path of drive power of engine 10 in a condition where the vehicle is traveling at the fourth speed step in the second gear-shift mechanism SM2.”)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over KUBE et al. (DE 102006055541 A1) in view of Tanba et al. (US 20110174558 A1) and further in view of Cao et al. (CN 110843763 A)(hereinafter “Cao”).
Regarding claim 14, KUBE /Tanba discloses the method as modified according to claim 13 but fails to disclose comprising adjusting the output torque from the engine and the motor/generator in response to a demanded torque after shifting the transmission into the new gear.
Cao teaches a gear-shift control method wherein adjusting the output torque from the engine (1. Fig. 2) and the motor/generator (2) in response to a demanded torque after shifting the transmission into the new gear. (see abstract and the highlighted part of para 4, page 7 of the machine translation copy)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify KUBE /Tanba by adding the method of adjusting the output torque as taught by Cao in order to achieve a quick shifting process by optimizing the shift shock.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over KUBE et al. (DE 102006055541 A1) in view of Tanba et al. (US 20110174558 A1) and further in view of Duan et al. (US 20220332183 A1)(hereinafter “Duan”).
Regarding claims 16 and 17, KUBE /Tanba discloses the method as modified according to claim 13, but fails to disclose wherein adjusting the output torque of the engine and the motor/generator includes decreasing the speed of the engine and the motor/generator for the new gear of the transmission and wherein adjusting the output torque of the engine and the motor/generator includes increasing the speed of the engine and the motor/generator for the new gear of the transmission.
Duan teaches hybrid power system (fig. 1) and control method of a vehicle wherein adjusting the output torque of the engine (1`) and the motor/generator (6) includes decreasing/increasing the speed of the engine and the motor/generator for the new gear of the transmission. (see para 83 and 96)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify KUBE /Tanba by adding the method of adjusting the output torque as taught by Duan in order to achieve high transmission efficiency by controlling the torque of the engine and motor in a precise manner. (see para 4 of Duan)
As modified, the method would have adjusting the output torque of the engine and the motor/generator includes decreasing the speed of the engine and the motor/generator for the new gear of the transmission and wherein adjusting the output torque of the engine and the motor/generator includes increasing the speed of the engine and the motor/generator for the new gear of the transmission.
Regarding claim 18, KUBE /Tanba discloses the method as modified according to claim 13 but fails to disclose wherein controlling the output torque of the engine and the motor/generator to unload the current gear includes ramping the output torque to a net zero torque.
Duan teaches hybrid power system (fig. 1) and control method of a vehicle wherein controlling the output torque of the engine (1`) and the motor/generator (6) to unload the current gear includes ramping the output torque to a net zero torque. (see para 108 and 113)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify KUBE /Tanba by adding the method of controlling the output torque as taught by Duan in order to achieve high transmission efficiency by controlling the torque of the engine and motor in a precise manner. (see para 4 of Duan)
As modified, the method would have controlling the output torque of the engine and the motor/generator to unload the current gear includes ramping the output torque to a net zero torque.
Allowable Subject Matter
Claims 8-12 are allowed. Claims 20 and 25 are objected to as been dependent upon a rejected base claim 1 and 13, respectively, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 8, the prior art does not disclose or render obvious activating a cylinder decompression system associated with one or more cylinders of the engine in response to the engine being non-started and the positive clutch being closed, in combination with the other elements required by the claim.
Cho et al. (US 20220009476 A1) discloses a method of launching a vehicle (figs. 1-6) including a hybrid powertrain, the method comprising:
closing or maintaining closed a positive clutch (130, fig. 3A) that is positioned between an engine (110, fig. 3A) and a drivetrain (150, fig. 3A) of the vehicle while the vehicle is in a stopped position (see step S603-S604, fig. 6 and para 17);
propelling the vehicle from the spotted position (see step 605 in fig. 6) with a motor/generator (140) of the hybrid powertrain while rotating the engine with the motor/generator via the closed positive clutch; (see steps S604-S605 and para 17)
accelerating the speed of the engine with the motor/generator (140) to a threshold starting speed (e.g. idle speed, see para 17) for the engine; and
initiating fueling the engine in response to the engine obtaining the threshold starting speed via the motor/generator. (see para 17” Referring to FIG. 2, in the state in which the vehicle is stopped with the transmission 150 shifted to the P range, the engine is started, and then the engine clutch 130 is locked in order to perform charging through the motor 140. At this time, since the engine clutch 130 is in the locked state, the speeds of the engine 110 and the motor 140 are the same, and the engine 110 is controlled to be driven at a preset idle charging speed (e.g. 1200 RPM).”)
But Cho fails to disclose activating a cylinder decompression system associated with one or more cylinders of the engine in response to the engine being non-started and the positive clutch being closed.
There is no motivation provided in the prior art to modify Cho to arrive at the claimed invention.
Claims 9-12 are allowed as they depend on claim 8.
Regarding claim 20, the prior art does not disclose or render obvious activating a cylinder decompression system associated with one or more cylinders of the engine in response to the engine being non-started and the positive clutch being closed, in combination with the other elements required by the claim.
Tanba discloses a method of operating a vehicle including a hybrid powertrain (see para 1, fig. 1), the method comprising:
transitioning between operating modes of the vehicle including the hybrid powertrain, the transitioning method comprising:
controlling the output torque of the motor/generator to unload the current gear of the transmission; (see para 27 of Tanba)
shifting the transmission to the neutral gear (see para 27); and
shifting the transmission to the desired transmission gear.
Isami (US 20210309204 A1) teaches a control method of a hybrid vehicle (fig. 1) wherein controlling the motor/generator to a zero speed (see fig. 13, MG); and closing the positive clutch (CL1) between the motor/generator (4/MG1, fig. 1) and the engine (3) of the hybrid powertrain and starting the engine of the hybrid powertrain with the motor/generator after closing the positive clutch; controlling an output speed of the engine and the motor/generator for engagement of a desired transmission gear. (see para 91 and fig. 13)
But Tanba/ Isami fails to disclose activating a cylinder decompression system associated with one or more cylinders of the engine in response to the engine being non-started and the positive clutch being closed.
There is no motivation provided in the prior art to modify Tanba/ Isami to arrive at the claimed invention.
Regarding claim 25, the prior art does not disclose or render obvious activating a cylinder decompression system associated with one or more cylinders of the engine in response to the engine being non-started and the positive clutch being closed, in combination with the other elements required by the claim.
Tanba discloses a method of operating a vehicle including a hybrid powertrain (see para 1, fig. 1), the method comprising: before propelling the vehicle with the hybrid powertrain: closing the positive clutch between the motor/generator and the engine of the hybrid powertrain and starting the engine of the hybrid powertrain with the motor/generator after closing the positive clutch.
But Tanba fails to disclose activating a cylinder decompression system associated with one or more cylinders of the engine in response to the engine being non-started and the positive clutch being closed.
There is no motivation provided in the prior art to modify Tanba to arrive at the claimed invention.
Remarks and Response
Applicant's arguments filed June 6, 2026 have been fully considered. Applicant contends that neither Cho nor Vignon disclose or suggest the newly recited features of claim 1. While this argument is found not persuasive, applicant argues that Vignon reference discloses a positive clutch 5 between two shafts such as a solid shaft 1 and a hollow shaft 6, while the invention is directed to a positive clutch between the engine and the electric machine. Examiner respectfully disagrees. Vignon’s reference has been adopted to show different kinds of clutches can be used such as positive clutch, synchronizer, or another type of couple. Moreover, the solid shaft 1 is connected to the flywheel 3 and damper 2 of a combustion engine (not illustrated) and the hollow shaft 6 is connected to the rotor of an electric machine 7 as shown in fig. 1 and paragraph 21. However, a new reference has been applied KUBE et al. (DE 102006055541 A1) that discloses the new limitation, as appears above.
Conclusion
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/F.P/Examiner, Art Unit 3655
/FARHANA PERVIN/Examiner, Art Unit 3655
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