DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the application filed on May 14, 2025. Claims 1-20 are presently pending and are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on September 8, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Request for priority to Provisional App. No. 63/647,363 filed May 14, 2024 is acknowledged. Examiner notes Applicant may be requested to perfect one or more of the claims in the situation where applied prior art has priority falling between the filing date of the non-provisional application the date of the provisional application. No action by Applicant is requested at this time.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities: the term “and” should be included before the final limitation for each of claims 1 and 11. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1, 6, 11, and 18 along with the corresponding dependent claims 2-5, 7-10, 12-17, and 19-20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Each of claims 1, 6, 11, and 18 recites the map. It is unclear if this term is intended to be the same or different from the claim element a stored map. For purposes of this Action, Examiner is interpreting the terms to pertain to the same claimed element.
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 9-13, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2018/0334038 (hereinafter, “Zhao”).
Regarding claim 1, Zhao discloses A system to facilitate regenerative braking of a vehicle (see at least Fig. 1, [0014], and the publication generally), the system comprising:
an electric machine coupled to a wheel of the vehicle (see at least [0014]; the electrical machine which is at least indirectly coupled to a wheel of the vehicle);
a distance sensor coupled to a portion of the vehicle, the distance sensor configured to provide distance information indicative of a distance to a stop location for the vehicle (see at least [0033]; a sensor may be provided for determining a distance to an external object such as a stop sign or stop light (i.e., stop location for the vehicle));
a torque sensor configured to provide torque information indicative of a torque between the electric machine and the wheel (see at least [0024] and [0047]; sensor information pertaining to torque between the electric machine and wheel may be acquired);
a speed sensor configured to provide speed information indicative of a speed of the electric machine or a speed of the vehicle (see at least [0024]; speed sensors are included for sensing engine rotation speed, wheel speed, and vehicle speed); and
a controller comprising a processor and a memory storing instructions thereon that, when executed by the processor (see at least [0023]; a controller may be included which includes a memory and a microprocessor/CPU/processor equivalent), cause the processor to:
send a query to a stored map that includes energy efficiency information corresponding to the vehicle, the query including the distance information and the speed information (see at least [0047]; the efficiency map may be stored in a lookup table for access by the controller. Stopping location information, including safe stopping distance information, and speed information may be utilized to determine the lookup information from the efficiency map);
output a desired braking torque from the map based on the query and a maximum possible energy efficiency value of the stored map (see at least [0047]-[0048]; the regenerative braking max energy efficiency may be determined via the efficiency map);
control operation of the electric machine based on the torque information and the desired braking torque (see at least [0048]; control of the electrical machine of the vehicle may be performed by the controller based on the torque and braking torque information).
Regarding claim 2, Zhao discloses all of the limitations of claim 1. Additionally, Zhao discloses wherein the maximum possible energy efficiency value of the stored map or the distance to a stop location is continuously updated as the vehicle moves (see at least [0050]; the process may be iterative as the vehicle continues to move).
Regarding claim 3, Zhao discloses all of the limitations of claim 1. Additionally, Zhao discloses wherein the processor is further configured to identify the stop location of the vehicle, calculate the distance to the identified stop location, and continuously update the distance to the stop location based on the maximum possible energy efficiency value of the stored map (see at least [0047]-[0050]; the stop location is identified, and the distance is continuously updated, and the maximum possible energy efficiency value of the stored map is considered the desired average brake torque which is derived from the stored map).
Regarding claim 4, Zhao discloses all of the limitations of claim 1. Additionally, Zhao discloses wherein the distance sensor continuously updates the distance to the stop location, and the speed sensor continuously updated the speed of the electric machine or the speed of the vehicle (see at least [0047]-[0050]; the stop location is identified, and the speed is continuously updated, and the maximum possible energy efficiency value of the stored map is considered the desired average brake torque which is derived from the stored map).
Regarding claim 5, Zhao discloses all of the limitations of claim 1. Additionally, Zhao discloses wherein the processor continuously updates a desired braking distance based on the desired braking torque and the speed information and controls operation of the electric machine based on the desired braking distance (see at least [0047]-[0050]; the processor is continuously updated based on the desired braking distance, braking torque desired average, speed information, etc.).
Regarding claim 6, Zhao discloses all of the limitations of claim 1. Additionally, Zhao discloses wherein the processor:
sends a second query to the stored map including updated distance and speed information (see at least [0047]-[0050]; the process of claim 1 may be iterative);
outputs an updated desired braking torque from the map based on the second query (see at least [0047]-[0050]; the process of claim 1 may be iterative); and
controls operation of the electric machine based on the updated desired braking torque and the torque information (see at least [0047]-[0050]; the process of claim 1 may be iterative);.
Regarding claim 7, Zhao discloses all of the limitations of claim 1. Additionally, Zhao discloses wherein the processor is further configured to generate a braking procedure based on the desired braking torque (see at least [0035] and [0047]-[0050]; a braking torque profile (i.e., braking procedure) may be created based on the average braking torque desired).
Regarding claim 9, Zhao discloses all of the limitations of claim 7. Additionally, Zhao discloses wherein controlling operation of the electric machine includes initiating a brake coupled to the wheel of the vehicle to apply a braking force corresponding to the braking procedure (see at least [0032]; conventional friction brakes may be provided at the wheels and may be utilized during the braking procedure).
Regarding claim 10, Zhao discloses all of the limitations of claim 1. Additionally, Zhao discloses wherein controlling operation of the electric machine includes initiating a brake coupled to the wheel of the vehicle to apply a braking force corresponding to the desired braking torque, the brake causing a torque input to the electric machine and a battery coupled thereto (see at least [0032]; the regenerative braking system may be used to cause charging of the battery).
Regarding claim 11, Zhao discloses A system to facilitate regenerative braking of a vehicle (see at least Fig. 1, [0014], and the publication generally), the system comprising:
an electric machine (see at least [0014]; the electrical machine which is at least indirectly coupled to a wheel of the vehicle);
a gearbox coupled between the electric machine and a wheel of the vehicle, the gearbox being controllable to adjust a gear ratio between the electric machine and the wheel (see at least [0014] and [0020]-[0021]);
a distance sensor coupled to a portion of the vehicle, the distance sensor configured to provide distance information indicative of a distance to a stop location for the vehicle (see at least [0033]; a sensor may be provided for determining a distance to an external object such as a stop sign or stop light (i.e., stop location for the vehicle));
a torque sensor configured to provide torque information indicative of a torque between the electric machine and the wheel (see at least [0024] and [0047]; sensor information pertaining to torque between the electric machine and wheel may be acquired);
a speed sensor configured to provide speed information indicative of a speed of the electric machine or a speed of the vehicle (see at least [0024]; speed sensors are included for sensing engine rotation speed, wheel speed, and vehicle speed); and
a controller comprising a processor and a memory storing instructions thereon that, when executed by the processor (see at least [0023]; a controller may be included which includes a memory and a microprocessor/CPU/processor equivalent), cause the processor to:
send a query to a stored map that includes energy efficiency information corresponding to the vehicle, the query including the distance information and the speed information (see at least [0047]; the efficiency map may be stored in a lookup table for access by the controller. Stopping location information, including safe stopping distance information, and speed information may be utilized to determine the lookup information from the efficiency map);
output a desired braking torque from the map based on the query and a maximum possible energy efficiency value of the stored map (see at least [0047]-[0048]; the regenerative braking max energy efficiency may be determined via the efficiency map);
control operation of the electric machine or the gearbox based on the torque information and the desired braking torque (see at least [0048]; control of the electrical machine of the vehicle may be performed by the controller based on the torque and braking torque information).
Regarding claim 12, Zhao discloses all of the limitations of claim 11. Additionally, Zhao discloses wherein the processor controls operation of the gearbox based on the torque information, wherein the torque information is continuously updated during application of a brake to the wheel (see at least [0020]-[0021], [0024], and [0047]-[0050]; the torque information is iteratively updated, and the gearbox is controlled based on the torque information).
Regarding claim 13, Zhao discloses all of the limitations of claim 12. Additionally, Zhao discloses wherein the processor is reactive to application of the brake via a user of the vehicle (see at least [0032]; the brake pedal depression is taken into account by the vehicle system).
Regarding claim 15, Zhao discloses all of the limitations of claim 11. Additionally, Zhao discloses wherein the processor further controls operation of the electric machine and the gearbox based on the desired braking torque and the distance to the stop location, the processor configured to cause the gearbox to change the gear ratio to match a desired gear ratio corresponding to the desired braking torque (see at least [0020]-[0021], [0024], and [0047]-[0050]; the torque information is iteratively updated, and the gearbox is controlled based on the torque information. This process may be based on the desired average braking torque and the distance to the stop location).
Regarding claim 16, Zhao discloses all of the limitations of claim 11. Additionally, Zhao discloses wherein the processor is further configured to generate a braking procedure based on the desired braking torque, wherein the braking procedure includes at least one gear ratio of the gearbox (see at least [0040]-[0041], and [0047]-[0050]; the controller may generate a braking torque profile (i.e., braking procedure) based on the average desired braking torque which includes the gear ratio of the transmission during the braking event).
Regarding claim 17, Zhao discloses all of the limitations of claim 11. Additionally, Zhao discloses wherein controlling operation of the electric machine includes initiating a brake coupled to the wheel of the vehicle to apply a braking force corresponding to the desired braking torque, the brake causing a torque input to the electric machine and a battery coupled thereto (see at least [0032]; the regenerative braking system may be used to cause charging of the battery).
Regarding claim 18, Zhao discloses A method of regenerative braking(see at least Fig. 1, [0014], and the publication generally), the method comprising:
providing an electric machine coupled to a wheel of a vehicle (see at least [0014]; the electrical machine which is at least indirectly coupled to a wheel of the vehicle);
providing distance information, via a distance sensor coupled to a portion of the vehicle, indicative of a distance to a stop location for the vehicle (see at least [0033]; a sensor may be provided for determining a distance to an external object such as a stop sign or stop light (i.e., stop location for the vehicle));
providing torque information, via a torque sensor, indicative of a torque between the electric machine and the wheel (see at least [0024] and [0047]; sensor information pertaining to torque between the electric machine and wheel may be acquired);
providing speed information, via a speed sensor, indicative of a speed of the electric machine or a speed of the vehicle (see at least [0024]; speed sensors are included for sensing engine rotation speed, wheel speed, and vehicle speed);
sending a query, via a processor of a controller that includes a memory, to a stored map that includes energy efficiency information corresponding to the vehicle, the query including the distance information and the speed information (see at least [0047]; the efficiency map may be stored in a lookup table for access by the controller. Stopping location information, including safe stopping distance information, and speed information may be utilized to determine the lookup information from the efficiency map);
outputting a desired braking torque from the map based on the query and a maximum possible energy efficiency value of the stored map (see at least [0047]-[0048]; the regenerative braking max energy efficiency may be determined via the efficiency map); and
controlling operation of the electric machine based on the torque information and the desired braking torque (see at least [0048]; control of the electrical machine of the vehicle may be performed by the controller based on the torque and braking torque information).
Regarding claim 19, Zhao discloses all of the limitations of claim 18. Additionally, Zhao discloses further comprising:
performing, via a brake coupled to the vehicle, a braking operation corresponding to the desired braking torque (see at least [0032]; conventional friction brakes may be provided at the wheels and may be utilized during the braking procedure); and
recharging a battery coupled to the electric machine based on the braking operation (see at least [0032]; the regenerative braking system may be used to cause charging of the battery).
Regarding claim 20, Zhao discloses all of the limitations of claim 18. Additionally, Zhao discloses further comprising:
providing a gearbox coupled between the electric machine and a wheel of the vehicle (see at least [0014] and [0020]-[0021]);
calculating a desired gear ratio based on the distance to the stop location and the desired braking torque (see at least [0020]-[0021], [0024], and [0047]-[0050]; the torque information is iteratively updated, and the gearbox is controlled based on the torque information. This process may be based on the desired average braking torque and the distance to the stop location); and
adjusting the gear ratio of the gearbox (see at least [0040]-[0041], and [0047]-[0050]; the controller may generate a braking torque profile (i.e., braking procedure) based on the average desired braking torque which includes the gear ratio of the transmission during the braking event).
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao, as applied to claim 7 above, in view of U.S. Pub. No. 2025/0242819 (hereinafter, “Schneider”).
Regarding claim 8, Zhao discloses all of the limitations of claim 7. Additionally, Zhao discloses wherein the processor initiates an alert system to generate at least one notification based on the braking procedure (see at least [0018]; notifications indicating the amount of available braking capacity may be displayed).
One of ordinary skill in the art, before the effective filing date of the instant application, would have been motivated to modify the disclosure of Zhao with the teachings of Schneider, with a reasonable expectation of success, in order to decrease safety concerns for braking conditions; see at least Schneider at [0002]-[0003].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao, as applied to claim 11 above, as evidenced by U.S. Pat. No. 10,272,913 (hereinafter, “Boisvert”).
Regarding claim 14, Zhao discloses all of the limitations of claim 11. Additionally, Zhao discloses wherein the gearbox is a continuously variable transmission (see at least [0014]; the transmission may be an automatic transmission, a multiple step-ratio automatic transmission, or a modular hybrid transmission).
Zhao does not explicitly teach that the transmission is a continuously variable transmission. However, one or more of the transmissions disclosed in Zhao may be considered an obvious variant to the required continuously variable transmission, as evidenced at least by Col. 10, Ln. 31-35 of Boisvert. Therefore, one of ordinary skill in the art, before the effective filing date and with a reasonable likelihood of success, would have recognized the transmission of Zhao as an obvious variant to the required continuously variable transmission.
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and may be found on the accompanying PTO-892 Notice of References Cited:
U.S. Pub. No. 2021/0107510 which pertains to additional stopping distance disclosure outside of regenerative braking use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY P YOUNG whose telephone number is (313)446-6575. The examiner can normally be reached M-R 6:30 AM- 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Bishop can be reached at (571) 270-3713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIFFANY YOUNG
Primary Examiner
Art Unit 3665
/TIFFANY P YOUNG/Primary Examiner, Art Unit 3665
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