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 final office action on the merits of Application No. 19/103,691 filed on 02/13/2025. Claims 1-20 are pending. Claims 1, 7, and 13 are independent claims.
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 1-7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 20220009476 A1)(hereinafter “Cho”) in view of Vignon et al. (US 20140290592 A1)(hereinafter “Vignon”).
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) and a drivetrain (150, fig. 3A) of the vehicle 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.
Vignon teaches a similar kind of powertrain comprising a positive clutch (5, para 21) as shown in figs. 1-7)
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 Vignon in order to reduce the overall cost of the system and therefore, provide a reliable and efficient engagement.
Regarding claim 2, Cho/Vignon 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/Vignon 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/Vignon 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/Vignon 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/Vignon 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)”)
Regarding claim 7, Cho 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 the clutch is a positive clutch.
Vignon teaches a similar kind of powertrain comprising a positive clutch (5, para 21) as shown in figs. 1-7)
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 Vignon in order to reduce the overall cost of the system and therefore, provide a reliable and efficient engagement.
Regarding claim 10, Cho/Vignon discloses the method as modified according to claim 7, Vignon further discloses wherein the closed positive clutch is configured to prevent any slippage between an output shaft of the engine and an input shaft of the drivetrain. (see fig. 1 and para 19 of Vignon)
Regarding claim 11, Cho/Vignon discloses the method as modified according to claim 7, wherein the drivetrain includes an automated manual transmission.
Regarding claim 12, Cho/Vignon discloses the method as modified according to claim 7, wherein the positive clutch is located between the engine and the motor/generator.
Claims 13, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tanba et al. (US 20110174558 A1)(hereinafter “Tanba”) in view of Vignon et al. (US 20140290592 A1).
Regarding claim 13, Tanba discloses 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 positive 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 positive 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 positive 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)
But Tanba fails to disclose the clutch is a positive clutch.
Vignon teaches a similar kind of powertrain comprising a positive clutch (5, para 21) as shown in figs. 1-7)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tanba by substituting the clutch with a positive clutch as taught by Vignon in order to reduce the overall cost of the system and therefore, provide a reliable and efficient engagement.
Regarding claim 15, Tanba/Vignon discloses the method as modified according to claim 13, wherein the positive clutch prevents slipping between the engine and the motor/generator. (see fig. 1 and para 19 of Tanba)
Regarding claim 19, Tanba/Vignon discloses the method as modified according to claim 13, 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 Tanba et al. (US 20110174558 A1)(hereinafter “Tanba”) in view of Vignon et al. (US 20140290592 A1) and further in view of Cao et al. (CN 110843763 A)(hereinafter “Cao”)(machine translation relied upon as attached).
Regarding claim 14, Tanba/Vignon 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 Tanba/ Vignon 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 Tanba et al. (US 20110174558 A1)(hereinafter “Tanba”) in view of Vignon et al. (US 20140290592 A1) and further in view of Duan et al. (US 20220332183 A1)(hereinafter “Duan”).
Regarding claims 16 and 17, Tanba/Vignon 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 Tanba/ Vignon 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, Tanba/Vignon 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 Tanba/ Vignon 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 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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 20220009476 A1) in view of Vignon et al. (US 20140290592 A1) and further in view of Tanba et al. (US 20110174558 A1)(hereinafter “Tanba”) and Isami et al. (US 20210309204 A1)(hereinafter “Isami”).
Regarding claim 20, Tanba/Vignon discloses the method as modified according to claim 1, but fails to disclose 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; shifting the transmission to the neutral gear; controlling the motor/generator to a zero speed; closing the positive clutch between the motor/generator and the engine of the hybrid powertrain; 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; and shifting the transmission to the desired transmission gear.
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.
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/ Vignon by adding the method of controlling the transitioning as taught by Tanba in order to achieve reliable control of the engine and motor in a precise manner, therefore, enhance the efficiency of the hybrid vehicle.
But Cho/Vignon/ Tanba fails to disclose controlling the motor/generator to a zero speed; and 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; controlling an output speed of the engine and the motor/generator for engagement of a desired transmission gear.
Isami 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)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tanba/ Vignon by adding the method of controlling the transitioning as taught by Isami in order to achieve reliable control of the engine and motor in a precise manner, therefore, enhance the efficiency of the hybrid vehicle.
Allowable Subject Matter
Claims 8-9 are objected to as been dependent upon a rejected base claim 7, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claim, set forth in this office action.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Remarks and Response
Applicant's arguments filed February 26, 2026 have been fully considered but they are not fully persuasive per the reasons set forth below.
Applicant argues regarding claim 1, “Cho discloses a method for controlling a hybrid electric vehicle. In particular, paragraph [0010] discloses the motor 140 is used to propel the vehicle in the electric mode. When more power is needed, starter/generator 120 is operated to drive the engine 110. Paragraph [0011] discloses that the engine clutch 130 is locked when the speeds of the engine 110 and motor 140 become equal. The locking of clutch 130 in Cho upon speed equalization implies clutch 130 is not open after the engine is started and is used to synchronize the speed of the engine 110 and motor 140. There is no disclosure or teaching in Cho of "synchronizing an output speed of the engine with an input speed of the drivetrain at a synchronization speed that is equal to or greater than an idle speed of the engine while the positive clutch is open..."
This is not persuasive. Cho discloses in 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 in para 11 after synchronization, the clutch is locked. (See para 11 “When the rotational speeds of the engine 110 and the motor 140 become equal, the engine clutch 130 is locked”). Cho further discloses in 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). Therefore, Cho clearly discloses that the clutch 130 was open before and during synchronization and closed after synchronization wherein the speeds of the engine 110 and the motor 140 are the same at the idle charging speed (e.g. 1200 rpm). Therefore, the examiner respectfully disagrees.
Applicant argues regarding claim 7 “Amended claim 7 is also not disclosed or taught by Cho and Vignon. For example, Cho and Vignon do not disclose or teach "closing or maintaining closed a positive clutch that is positioned between an engine and a drivetrain of the vehicle while the vehicle is in a stopped position; propelling the vehicle from the stopped position with a motor/generator of the hybrid powertrain while rotating the engine with the motor/generator via the closed positive clutch; accelerating the speed of the engine with the motor/generator to a threshold starting speed for the engine; and initiating fueling the engine in response to the engine obtaining the threshold starting speed via the motor/generator."
In contrast, Cho discloses a starter/generator 120 that is used start engine 120, and does not disclose motor 140 starts engine 120 when clutch 130 is closed.”
This is not persuasive. Cho discloses in 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). Therefore, the examiner respectfully disagrees.
Applicant argues regarding claim 13 “With regard to claim 13, Tanba discloses gear shifting technique in paragraph [0027] in which friction clutches C1 and C2 are engaged and released to change speed steps for the vehicle. Claim 13 is amended to clarify that the positive clutch remains closed. For example, amended claim 13 now recites "controlling an output torque of the engine and the motor/generator to unload a current gear of a transmission of the vehicle while the positive clutch is closed; shifting the unloaded transmission to a neutral gear while the positive clutch is closed; 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 of the transmission while the positive clutch is closed; and shifting the transmission into the new gear while the positive clutch is closed." Tanba does not disclose these features, and Vignon does not remedy the deficiencies of Tanba.”
This is not persuasive. Tanba discloses in 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.”. It is clearly disclosed in Tanba that the clutch C2 remains engaged during controlling, shifting, and the adjusting the torque of the transmission. Please see the current rejection of claim 13. Therefore, the examiner respectfully disagrees.
Prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KUSABE et al. (US 20190039602 A1) discloses a control device for controlling a vehicle drive device, as a control target, including a transfer clutch device, a rotary electric machine, and a transmission device that includes a plurality of shift clutch devices of which states of engagement are controlled in a shifting operation, on a power transfer path connecting an internal combustion engine to a wheel, the control device including an electronic control unit.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHANA PERVIN whose telephone number is (571)272-4644. The examiner can normally be reached Mon-Fri 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S. Scott can be reached on 5712703415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/F.P/Examiner, Art Unit 3655
/FARHANA PERVIN/Examiner, Art Unit 3655
Prosecution Insights