CTNF 19/185,615 CTNF 98713 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims This Office Action is in response to the application filed on 22 April 2025. Claims 1-15 are presently pending and are presented for examination. Information Disclosure Statement The Information Disclosure Statement(s) was/were submitted on 22 April 2025. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement(s) is/are being considered by the Examiner. Priority Acknowledgement is made of applicant’s claim for foreign priority based on an application EP24174368.1 filed in Sweden on 06 May 2024. Applicant cannot rely upon the certified copy of the foreign priority application to overcome potential future rejections made using references falling between the filing date and the foreign priority date, because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216. No action is required by Applicant at this time. Drawings 06-22-07 AIA The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “27” in FIG. 8 . Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim(s) 8 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 8 recites the limitation " the acceleration ". There is insufficient antecedent basis for this limitation in the claim. Specifically, it is unclear whether “ the acceleration ” refers to the “ greater acceleration ” or the “ desired acceleration ” recited in claim 1. Examiner is interpreting “ the acceleration ” as the “ greater acceleration ” recited in claim 1. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-15 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US-20210101597-A1, hereinafter “Shah” . Regarding claim 1, and analogous claims 11, 14, and 15 : Shah discloses A computer system comprising processing circuitry configured to: Regarding claims 11 and 14 : Shah discloses A computer-implemented method (Shah, para. 0036: “In another aspect, a method of controlling a vehicle system including an engine, a transmission coupled with the engine, and an electronic control system coupled with the engine and the transmission is provided. The method includes operating the electronic control system to perform the acts of [i.e., A computer-implemented method ]…”). Regarding claim 15 : Shah discloses A non-transitory computer-readable storage medium comprising instructions, which when executed by the processing circuitry comprised in the computer system of claim 1, cause the processing circuitry to perform a computer-implemented method (Shah, para. 0022-0023: “The ECU 112 [i.e., processing circuitry comprised in the computer system ] may be structured to control command parameters of the vehicle powertrain, including the engine 122 and/or the transmission 124. In certain embodiments, the ECU 112 may be a portion of a processing subsystem including one or more computing devices having memory [i.e., A non-transitory computer-readable storage medium comprising instructions ], processing, and communication hardware…Further, the ECU 112 may be programmable, an integrated state machine, or a hybrid combination thereof. In at least one embodiment, the ECU 112 is programmable and executes controls and processes data in accordance with operating logic that is defined by programming instructions such as software or firmware [i.e., perform a computer-implemented method ].”). receive, from an autonomous drive control system, an acceleration request encoding a desired acceleration of an autonomous vehicle having a propulsion source arrangement configured to drive at least one wheel of the autonomous vehicle via a transmission including a plurality of gear-stages (Shah, FIG. 1; para. 0010: “The FE controller 110 may be incorporated into ECU 112. In the illustrated embodiment, ECU 112 is provided as an ECM configured to control a powertrain of the vehicle, including an engine 122 and/or a transmission 124, as shown in FIG. 1 [i.e., a propulsion source arrangement configured to drive at least one wheel of the autonomous vehicle via a transmission including a plurality of gear-stages ].”; para. 0009: “Vehicle system 100 also includes ECU 112. The FE controller 110 and/or ECU 112 can override the determination of the FE torque limit 128 and FE gear request 120 [i.e., an acceleration request encoding a desired acceleration ] from FE controller 110 to provide a modified a modified torque limit 128′ and a performance mode request 121. The performance mode request 121 and modified torque limit 128′ can be governed by vehicle acceleration performance and/or torque/power output requirements to satisfy one or more look ahead route conditions even at the cost of fuel efficiency performance.”; para. 0010: “Fuel efficiency control logic, which may be implemented in the FE controller 110 and/or ECU 112, generates a transmission gear state request, also referred to as FE gear request [i.e., [i.e., receive, from an autonomous drive control system, an acceleration request encoding a desired acceleration of an autonomous vehicle ]], which may be communicated to a transmission control unit (TCU) 118. The FE or other gear request from the FE controller 110 and/or ECU 112 is interrogated by the TCU 118, which generates a gear command 120 sent to the transmission 124 to shift the transmission 124 into the gear state prescribed by the gear command.”); and control the propulsion source arrangement in such a way that the autonomous vehicle accelerates with a greater acceleration than the desired acceleration during at least one acceleration loss compensation time period being separate from at least one gear-shift time period of at least one gear-shift required to fulfill the acceleration request (Shah, para. 0025: “Referring to FIGS. 2A-2D there are illustrated graphs 200, 202, 204, and 206 depicting an example route condition with a route pattern associated with an on-ramp, vehicle speed, torque limits, and gear state changes, respectively, of a vehicle 208. Graph 200 depicts a vehicle 208 on an on-ramp 210 in an approach to an interstate roadway 212. Operating vehicle 208 with an FE or nominal gear command 120 and an FE or nominal torque limit 128 governed by FE controller 110 and/or ECU 112 may not allow vehicle 208 to obtain a vehicle speed that provides a safe or desired vehicle speed relative to the traffic on roadway 212. Therefore, FE controller 110 and/or ECU 112 provides a performance mode request 121 and modified torque limit 128′, as discussed above and illustrated in FIGS. 2B-2D, that overrides the FE or nominal gear requests and FE or nominal torque limit 128 [i.e., control the propulsion source arrangement in such a way that the autonomous vehicle accelerates with a greater acceleration than the desired acceleration ].”; para. 0033: “…the electronic control system is structured to determine the modified torque limit in order to allow an increased speed or acceleration of the vehicle system as compared to the current torque limit. In a refinement of this embodiment, the electronic control system is structured to determine the performance mode request in order to maintain a current gear state in a lower gear for a longer duration than the default shift schedule gear state as the speed of the vehicle system increases [i.e., a greater acceleration than the desired acceleration during at least one acceleration loss compensation time period being separate from at least one gear-shift time period of at least one gear-shift required to fulfill the acceleration request ].”). Regarding claim 2, and analogous claim 12 : Shah discloses The computer system of claim 1 , wherein the processing circuitry is configured to: predict that control of the propulsion source arrangement to fulfill the acceleration request would result in at least one gear-shift by the transmission (Shah, para. 0016: “Under certain instantaneous operating conditions, the selection and communication of a particular FE or nominal gear command 120 under FE controller 110 may be sub-optimal under the present conditions. Examples of operating conditions under which the FE controller 110 and/or ECU 112 [i.e., processing circuitry ] may communicate the performance mode request 121 to the TCU 118 to provide a modified gear command 120′ include, but are not limited to: gear downshift prior to a steep uphill event; gear downshift approaching a traffic signal; delayed gear upshift for on-ramp or merging traffic condition; and selection of a desired gear state during a steep uphill event such that sufficient engine power is available [i.e., predict that control of the propulsion source arrangement to fulfill the acceleration request would result in at least one gear-shift by the transmission ].”). Regarding claim 3, and analogous claim 13 : Shah discloses The computer system of claim 2 , wherein the processing circuitry is configured to: control the propulsion source arrangement in such a way that a first acceleration loss compensation time period takes place before a first gear-shift time period of a first gear-shift following receipt of the acceleration request (Shah, FIGs. 2A-2D; para. 0009: “The performance mode request 121 and modified torque limit 128′ can be governed by vehicle acceleration performance and/or torque/power output requirements to satisfy one or more look ahead route conditions even at the cost of fuel efficiency performance.”; para. 0028: “As illustrated by vehicle speed curves 214 and 214′ [i.e., control the propulsion source arrangement in such a way that a first acceleration loss compensation time period takes place before a first gear-shift time period of a first gear-shift following receipt of the acceleration request ], when vehicle 208 operates without using FE or nominal controls, modified vehicle speed curve 214′ indicates a greater vehicle speed and/or acceleration is attained than with FE or nominal controls as indicated by vehicle speed curve 214 [i.e., a first acceleration loss compensation time period takes place before a first gear-shift time period of a first gear-shift following receipt of the acceleration request ]. In addition, modified gear state selections 220′ show the modified gear commands 120′ that delay upshifts in the transmission gear relative to the FE or nominal gear state selections 220 of FE gear commands 120′. As a result, more torque or power output from engine 122 of vehicle 208 is available than when under FE or nominal control, and vehicle 208 can accelerate more quickly on on-ramp 210 to merge with traffic on roadway 212.”). Regarding claim 4 : Shah discloses The computer system of claim 2 , wherein the processing circuitry is configured to: receive status data from at least one vehicle system; and predict that control of the propulsion source arrangement to fulfill the acceleration request would result in at least one gear-shift by the transmission based on the status data (Shah, para. 0016: “Under certain instantaneous operating conditions, the selection and communication of a particular FE or nominal gear command 120 under FE controller 110 may be sub-optimal under the present conditions. Examples of operating conditions under which the FE controller 110 and/or ECU 112 may communicate the performance mode request 121 to the TCU 118 to provide a modified gear command 120′ include, but are not limited to: gear downshift prior to a steep uphill event; gear downshift approaching a traffic signal; delayed gear upshift for on-ramp or merging traffic condition; and selection of a desired gear state during a steep uphill event such that sufficient engine power is available [i.e., the processing circuitry is configured to: receive status data from at least one vehicle system; and predict that control of the propulsion source arrangement to fulfill the acceleration request would result in at least one gear-shift by the transmission based on the status data ].”). Regarding claim 5 : Shah discloses The computer system of claim 4 , wherein the status data includes an indication that a gear-shift will take place within a predefined time (Shah, para. 0016: “Under certain instantaneous operating conditions, the selection and communication of a particular FE or nominal gear command 120 under FE controller 110 may be sub-optimal under the present conditions. Examples of operating conditions under which the FE controller 110 and/or ECU 112 may communicate the performance mode request 121 to the TCU 118 to provide a modified gear command 120′ include, but are not limited to: gear downshift prior to a steep uphill event; gear downshift approaching a traffic signal; delayed gear upshift for on-ramp or merging traffic condition; and selection of a desired gear state during a steep uphill event such that sufficient engine power is available [i.e., the status data includes an indication that a gear-shift will take place within a predefined time ].”; para. 0033: “In one embodiment, the electronic control system is structured to determine the modified torque limit in order to allow an increased speed or acceleration of the vehicle system as compared to the current torque limit. In a refinement of this embodiment, the electronic control system is structured to determine the performance mode request in order to maintain a current gear state in a lower gear for a longer duration than the default shift schedule gear state as the speed of the vehicle system increases. In another refinement of this embodiment, the electronic control system is structured to determine the performance mode request in order to delay an upshift from the current gear state of the transmission as the speed of the vehicle system increases.”). Regarding claim 6 : Shah discloses The computer system of claim 4 , wherein the status data includes at least one input indicative of a present state of the autonomous vehicle (Shah, para. 0015: “Based upon the determined engine power and speed requirements using the route condition information 126, the FE controller 110 and/or ECU 112 communicate the prescribed FE or nominal gear request to provide gear command 120 or modified gear command 120′ from the TCU 118. The TCU 118 may act upon the performance mode request 121 if the TCU 118 determines it is safe or efficient to do so under the current engine speed and torque conditions, the vehicle speed, and/or other limiting operating conditions [i.e., the status data includes at least one input indicative of a present state of the autonomous vehicle ]. For example, before acting upon the performance mode request 121, the TCU 118 may perform calculations to ensure the requested gear results in an engine and/or transmission speed that are within acceptable limits. Further, the specific timing of the gear state change and modified torque limit may be affected by the vehicle speed, among other factors.”). Regarding claim 7 : Shah discloses The computer system of claim 1 , wherein at least one acceleration loss compensation time period directly follows the at least one gear-shift time period (Shah, FIGs. 2A-2D; para. 0009: “The performance mode request 121 and modified torque limit 128′ can be governed by vehicle acceleration performance and/or torque/power output requirements to satisfy one or more look ahead route conditions even at the cost of fuel efficiency performance.”; para. 0028: “As illustrated by vehicle speed curves 214 and 214′ [i.e., at least one acceleration loss compensation time period directly follows the at least one gear-shift time period ], when vehicle 208 operates without using FE or nominal controls, modified vehicle speed curve 214′ indicates a greater vehicle speed and/or acceleration [i.e., at least one acceleration loss compensation time period directly follows the at least one gear-shift time period ] is attained than with FE or nominal controls as indicated by vehicle speed curve 214. In addition, modified gear state selections 220′ show the modified gear commands 120′ that delay upshifts in the transmission gear relative to the FE or nominal gear state selections 220 of FE gear commands 120′ [i.e., time period directly follows the at least one gear-shift time period ]. As a result, more torque or power output from engine 122 of vehicle 208 is available than when under FE or nominal control, and vehicle 208 can accelerate more quickly on on-ramp 210 to merge with traffic on roadway 212.”). Regarding claim 8 : Shah discloses The computer system of claim 1 , wherein the processing circuitry is configured to: receive an indication of a duration of the at least one gear-shift time period ; and control the propulsion source arrangement in such a way that a magnitude of the acceleration during at least one of the at least one acceleration loss compensation time period and a duration of the at least one acceleration loss compensation time period depends on the duration of the at least one gear-shift time period (Shah, para. 0037: “In one embodiment, the modified torque limit allows an increased speed or acceleration of the vehicle system as compared to the current torque limit. In a refinement of this embodiment, the performance mode request maintains a current gear state in a lower gear for a longer duration than the default shift schedule gear state [i.e., receive an indication of a duration of the at least one gear-shift time period ] as the speed of the vehicle system increases. In another refinement, the performance mode request delays an upshift from the current gear state of the transmission as the speed of the vehicle system increases.”; para. 0015: “Based upon the determined engine power and speed requirements using the route condition information 126, the FE controller 110 and/or ECU 112 communicate the prescribed FE or nominal gear request to provide gear command 120 or modified gear command 120′ from the TCU 118 [i.e., control the propulsion source arrangement ]. The TCU 118 may act upon the performance mode request 121 if the TCU 118 determines it is safe or efficient to do so under the current engine speed and torque conditions, the vehicle speed, and/or other limiting operating conditions. For example, before acting upon the performance mode request 121, the TCU 118 may perform calculations to ensure the requested gear results in an engine and/or transmission speed that are within acceptable limits. Further, the specific timing of the gear state change and modified torque limit may be affected by the vehicle speed, among other factors [i.e., a magnitude of the acceleration during at least one of the at least one acceleration loss compensation time period and a duration of the at least one acceleration loss compensation time period depends on the duration of the at least one gear-shift time period ].”). Regarding claim 9 : Shah discloses A control system for an autonomous vehicle, comprising : the computer system of claim 1 (Shah; see the claim 1 discussion, above); and an autonomous drive control system in communication with the computer system, the autonomous drive control system being configured to: send, to the computer system, an acceleration request encoding a desired acceleration of the autonomous vehicle (Shah, para. 0009: “Vehicle system 100 also includes ECU 112. The FE controller 110 and/or ECU 112 can override the determination of the FE torque limit 128 and FE gear request 120 from FE controller 110 to provide a modified a modified torque limit 128′ and a performance mode request 121 [i.e., an autonomous drive control system in communication with the computer system, the autonomous drive control system being configured to: send, to the computer system, ]. The performance mode request 121 and modified torque limit 128′ [i.e., an acceleration request encoding a desired acceleration of the autonomous vehicle ] can be governed by vehicle acceleration performance and/or torque/power output requirements to satisfy one or more look ahead route conditions even at the cost of fuel efficiency performance.”). Regarding claim 10 : Shah discloses A vehicle, comprising: at least one wheel ; a transmission including a plurality of gear-stages, coupled to the at least one wheel ; a propulsion source arrangement coupled to the transmission and controllable to drive the at least one wheel via the transmission (Shah, FIG. 2A; para. 0010: “The FE controller 110 may be incorporated into ECU 112. In the illustrated embodiment, ECU 112 is provided as an ECM configured to control a powertrain of the vehicle [i.e., A vehicle comprising: at least one wheel ;], including an engine 122 [i.e., a propulsion source arrangement coupled to the transmission and controllable to drive the at least one wheel via the transmission ] and/or a transmission 124 [i.e., a transmission including a plurality of gear-stages, coupled to the at least one wheel ], as shown in FIG. 1. Alternatively, the FE controller 110 may be a separate control unit configured to interface with the ECU 112. Fuel efficiency control logic, which may be implemented in the FE controller 110 and/or ECU 112, generates a transmission gear state request, also referred to as FE gear request, which may be communicated to a transmission control unit (TCU) 118. The FE or other gear request from the FE controller 110 and/or ECU 112 is interrogated by the TCU 118, which generates a gear command 120 sent to the transmission 124 to shift the transmission 124 into the gear state prescribed by the gear command. Thus, the FE controller 110 and/or ECU 112 may control the gear state of the transmission 124, which may be any suitable type of transmission, including but not limited to an automated manual transmissions, and other transmissions such as automatic, semi-automatic, manual, continuously variable, electric variable, planetary gear set, and dual-clutch transmissions.”); and the control system of claim 9 (Shah; see the claim 9 discussion, above). Additional Relevant Art 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20180118191-A1 (2018-05-03) | ” Disclosed herein are a hybrid vehicle and method of controlling a transmission therefor, and more particularly, a method of controlling a transmission capable of predicting a driver's required torque to reduce unnecessary gear-shifts and improve fuel efficiency, and a hybrid vehicle for performing the same. In one aspect of the present invention, a method of controlling a transmission of a parallel type hybrid vehicle may include determining a first torque, the first torque being a current required torque, determining a second torque, the second torque being a required torque expected to be generated at a near-future time after a current time, comparing, when the first torque is greater than or equal to a first threshold, the second torque with a second threshold set according to the near-future time, and performing downshifting when the second torque is greater than or equal to the second threshold as a result of the comparison.” US-20180148036-A1 (2018-05-31) | “System, methods, and other embodiments described herein relate to preemptively modifying operation of a vehicle according to predicted acceleration inputs. In one embodiment, a method includes, in response to identifying that an environmental context of the vehicle indicates that the vehicle is located at a traffic stop and that a roadway on which the vehicle is traveling includes merging lanes beyond the traffic stop, determining an acceleration profile for the vehicle that indicates a predicted acceleration that is anticipated to be provided by a driver as a function of the environmental context when approaching the merging lanes. The method includes adjusting the operating parameters of the vehicle according to the acceleration profile to preemptively optimize the vehicle in anticipation of an acceleration input from the driver. The method includes controlling the vehicle to accelerate based, at least in part, on the operating parameters upon receiving the acceleration input.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Leah N Miller whose telephone number is (703)756-1933. The examiner can normally be reached M-Th 8:30am - 5:30pm ET. 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, Abby Flynn can be reached at (571) 272-9855. 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. /L.N.M./Examiner, Art Unit 3663 /ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663 Application/Control Number: 19/185,615 Page 2 Art Unit: 3663 Application/Control Number: 19/185,615 Page 3 Art Unit: 3663 Application/Control Number: 19/185,615 Page 4 Art Unit: 3663 Application/Control Number: 19/185,615 Page 5 Art Unit: 3663 Application/Control Number: 19/185,615 Page 6 Art Unit: 3663 Application/Control Number: 19/185,615 Page 7 Art Unit: 3663 Application/Control Number: 19/185,615 Page 8 Art Unit: 3663 Application/Control Number: 19/185,615 Page 9 Art Unit: 3663 Application/Control Number: 19/185,615 Page 10 Art Unit: 3663 Application/Control Number: 19/185,615 Page 11 Art Unit: 3663 Application/Control Number: 19/185,615 Page 12 Art Unit: 3663 Application/Control Number: 19/185,615 Page 13 Art Unit: 3663 Application/Control Number: 19/185,615 Page 14 Art Unit: 3663 Application/Control Number: 19/185,615 Page 15 Art Unit: 3663 Application/Control Number: 19/185,615 Page 16 Art Unit: 3663
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