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 .
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.
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.
Claims 1-20 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 1, recites “a transmission in multiple gears” (emphasis added) in line 2. The invention is not described in such a way that would allow the transmission to be “in multiple gears”. Paragraph [0029] of the specification discloses the transmission being able to be switched among 3 gears, but does not disclose the being in multiple gears. The claims should be amended to state the transmission has multiple gears or something thing similar.
Claims 4 and 14, recites “making a request for a transmission gear-shifting” in line 5. This limitation is supposed to describe the method step disclosed in claim 1, lines 5-6 of “making a request for transmission gear-shifting”. However, buy simply restating the step, it is unclear to a person of ordinary skill in the art how that step is to be performed.
Claims 6 and 16, recites “the speed regulation completion means that an absolute value of the actual rotational speed and the target rotational speed of the first electric motor is less than a time threshold,” in lines 2-3. It is unclear how the absolute value of a speed can be less than a “time threshold”. Clarification is requested.
Claims 2, 3, 5, 7-13, 15, and 17-20 are rejected due to there dependency on a rejected claim.
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, 8, 11, 18, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HASEGAWA et al. (US 8,065,047).
Regarding claim 1, as best understood by the Examiner, HASEGAWA discloses a gear-shifting control method, wherein the method is applied to a hybrid vehicle comprising a transmission (AT) in multiple gears, a first electric motor (MG), and a clutch (CL2), and the method comprises: determining whether the clutch (CL2) is overheated; when the clutch is overheated (sensing temperature rise in CL2), performing torque unloading (opening CL1), and making a request for transmission gear-shifting (full engagement of CL2 to eliminate slipping); and performing speed regulation (MG is switched to torque control) on a first electric motor until the speed regulation is completed. (Disclosed in at least Col. 15, lines 19-25).
Regarding claim 8, as best understood by the Examiner, HASEGAWA discloses the method further comprises: performing clutch filling control on the clutch while performing speed regulation on the first electric motor (the change in stage from slipping to fully engaged of clutch CL2).
Regarding claim 11, as best understood by the Examiner, HASEGAWA discloses a vehicle controller (1, 2, 5, 7, 10), wherein the vehicle controller is applied to a hybrid vehicle and comprises a processor and a memory storing a computer program, wherein the processor, when executing the computer program, is capable of implementing the gear-shifting control method according to claim 1.
Regarding claim 18, as best understood by the Examiner, HASEGAWA discloses the method further comprises: performing clutch filling control (fully engaging CL2) on the clutch while performing speed regulation on the first electric motor (torque control of MG).
Regarding claim 19, as best understood by the Examiner, HASEGAWA discloses a hybrid vehicle, comprising the vehicle controller according to claim 11.
Regarding claim 20, as best understood by the Examiner, HASEGAWA discloses a non-transitory computer-readable storage medium, wherein the computer-readable storage medium has stored thereon a computer program, and the computer program, when executed by a processor, is capable of performing the gear-shifting control method according to claim 1.
Allowable Subject Matter
Claims 2-7, 9, 10, 12-16 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11872990 B2: Discloses the limitations of claim 1, but does not disclose the speed regulation of the electric motor
US 8475330 B2: Discloses all of claim 1 expect "making a request for transmission gear-shifting".
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655