DETAILED ACTION
The following action is in response to application 19/250,373 filed on June 26, 2025.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4, and 8-10 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Geiger (DE102013214520A1). With regard to claim 1, Geiger teaches a method for operating a drive device for a working machine, wherein the drive device has an engine 2 and a power-split gearbox 3 with a variator 21 for continuously variable adjustment of a transmission ratio of the gearbox, the method comprising: outputting a target output speed of the drive device 301 based on a target speed request from an operator 121 of the working machine, recording an actual capacity utilization of the drive device 60/65, comparing the recorded actual capacity utilization with a target capacity utilization of the drive device (see page 8 of the translation; “If the internal load situation exceeds a maximum permissible value or indicates the status 65 the drive device 2 on overload in the area of the drive device 2 there is the possibility of the internal target output speed gradient 221 still in the area of a correction block 240 to be corrected or adjusted or limited, wherein the output value of the correction block 240 an adjusted internal target output speed gradient 201 representing an output of the output speed gradient strategy 200 is.” Please Note: “internal” speed and setpoints are for the engine), and outputting a target engine speed of the engine based on the comparison of the actual and target capacity utilization of the drive device 240. With regard to claim 4, Geiger teaches the method, comprising: receiving a cruise control activation request 530 and the target speed request 121, activating the cruise control when an activation condition is met, and determining a cruise control target output speed of the drive device based on the received target speed request and a cruise control logic circuit 300 (Please Note: “cruise control” is considered a target vehicle speed commanded by the driver) . With regard to claim 8, Geiger teaches a control device configured to carry out the method according to claim 1 (Fig. 3). With regard to claim 9, Geiger teaches a Power-split transmission 3 with a variator 21for continuously variable adjustment of a transmission ratio of the gearbox and a control device (Fig. 3) configured to carry out the method according to claim 1. With regard to claim 10, Geiger teaches a working machine with a drive device comprising: an engine 2, a power-split gearbox 3 having a variator 21 for continuously variable adjustment of the transmission ratio of the gearbox; and a control device (Fig. 3) configured to carry out the method of claim 1.
Allowable Subject Matter
Claims 2-3 and 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the method as claimed, and particularly wherein recording the actual capacity utilization of the drive device includes recording of an actual capacity utilization of the power-split gearbox; and outputting of the target engine speed of the engine comprises increasing the target engine speed of the engine when the actual capacity utilization of the power-split gearbox is higher than the target capacity utilization of the power-split gearbox, and reducing of the target engine speed of the engine when the actual capacity utilization of the power-split gearbox is lower than the target capacity utilization of the power-split gearbox, and including the remaining structure and controls of claim 2. Claim 3 depends upon claim 2. The present invention also comprises the method wherein activating the cruise control when the activation condition is met comprises checking that an accelerator pedal of the working machine is actuated beyond a threshold value and that the output speed of the drive device is greater than a threshold value, and including the remaining structure and controls of claim 5. The present invention also particularly includes the method, wherein ascertaining a minimum engine speed for providing the target speed request based on the target speed request and a maximum transmission ratio of the gearbox, and including the remaining structure and controls of claim 6. The present invention also particularly includes the method, wherein when cruise control is activated, comprises receiving an accelerator pedal position and ascertaining a conventional target output speed of the drive device based on the received accelerator pedal position and a conventional operating logic circuit of the drive device, and outputting of the target output speed comprises outputting the greater of the ascertained cruise control target output speed and the conventional target output speed, and including the remaining structure and controls of claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bulgrien (US 20150175165) has been cited to show a similar method comprising: an engine 22, a transmission 24, a reference vehicle speed 204, wherein an actual capacity utilization is sensed 206, and the engine being is controlled based on a comparison between the actual capacity utilization and a target capacity utilization 208.
Gibson (US 20160114792) has been cited to show a similar method comprising: an engine 10, a transmission 259, cruise control activation 502, a target vehicle speed 504, wherein an actual capacity utilization is sensed 540, and a target engine speed 558 being is controlled based on a comparison between the actual capacity utilization and a target capacity utilization 540.
Aardema (US 20160339917) has been cited to show a similar method comprising: an engine 10, a power-split gearbox 142, a variator r144, a target vehicle speed 164-1, wherein an actual capacity utilization is sensed 164-2, and an engine speed 164-9 being is controlled based on a comparison between the actual capacity utilization and a target capacity utilization 164-4.
FACSIMILE TRANSMISSION
Submission of your response by facsimile transmission is encouraged. The central facsimile number is (571) 273-8300. Recognizing the fact that reducing cycle time in the processing and examination of patent applications will effectively increase a patent's term, it is to your benefit to submit responses by facsimile transmission whenever permissible. Such submission will place the response directly in our examining group's hands and will eliminate Post Office processing and delivery time as well as the PTO's mail room processing and delivery time. For a complete list of correspondence not permitted by facsimile transmission, see MPEP 502.01. In general, most responses and/or amendments not requiring a fee, as well as those requiring a fee but charging such fee to a deposit account, can be submitted by facsimile transmission. Responses requiring a fee which applicant is paying by check should not be submitting by facsimile transmission separately from the check.
Responses submitted by facsimile transmission should include a Certificate of Transmission (MPEP 512). The following is an example of the format the certification might take:
I hereby certify that this correspondence is being facsimile transmitted to the Patent and Trademark Office (Fax No. (571) 273-8300) on ____________ (Date)
Typed or printed name of person signing this certificate: _____________________________________
_____________________________________
(Signature)
If your response is submitted by facsimile transmission, you are hereby reminded that the original should be retained as evidence of authenticity (37 CFR 1.4 and MPEP 502.02). Please do not separately mail the original or another copy unless required by the Patent and Trademark Office. Submission of the original response or a follow-up copy of the response after your response has been transmitted by facsimile will only cause further unnecessary delays in the processing of your application; duplicate responses where fees are charged to a deposit account may result in those fees being charged twice.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROGER L PANG whose telephone number is (571)272-7096. The examiner can normally be reached M-TH 05:30-16:00.
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 Scott can be reached at 571-270-3415. 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.
/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
March 18, 2026