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 amendments filed on July 23, 2026. Claims 1-2 and 4-7 are currently pending, with Claim 1 being amended, Claim 3 being canceled, and Claims 6-7 being newly added.
Response to Amendments
In response to Applicant’s amendments, filed July 23, 2026, the Examiner withdraws the previous objections to the drawings, and maintains the previous 35 U.S.C. 102 and 103 rejections.
Response to Arguments
Applicant's arguments filed July 23, 2026, have been fully considered but they are not persuasive.
Regarding Applicant’s arguments, filed July 23, 2026, regarding increasing the clutch capacity and generating engine braking (see page 7 of instant arguments), the Examiner is unpersuaded. Maekawa teaches that when the inertial running is finished, if the vehicle speed is larger than an upper limit, the clutch is connected and the engine brake is applied when a service brake has been operated (see at least Paragraph [0046] of Maekawa). As such, Maekawa teaches the features of the claims, as they are currently written. The Examiner is unpersuaded and maintains the corresponding rejections.
The remaining arguments are essentially the same as those addressed above and/or below and are unpersuasive for essentially the same reasons. Therefore, the corresponding rejections are maintained.
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.
Claims 1-2, 4, and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent Publication No. 2012219986 A, to Maekawa, et al (hereinafter referred to as Maekawa; previously of record).
As per Claim 1, Maekawa discloses the features of a vehicle (e.g. Paragraph [0021]; where a vehicle has an engine and a clutch) comprising
a controller (e.g. Paragraphs [0021], [0025]; where the vehicle has a travel control apparatus (ECU) which controls operations of the transmission and the clutch) configured to
switch between a constant speed traveling mode in which a vehicle speed is held constant (e.g. Paragraph [0026], [0040]; where the vehicle auto cruise switch controls constant speed travel; and the normal auto cruise travel control unit sets a constant speed to travel in the auto-cruise mode) and
an inertial traveling mode in which a prime mover is stopped or in an idling state (e.g. Paragraphs [0023], [0043]; where the engine is disconnected from the power system and the engine speed is set to idle; and where the inertial travel control unit controls the travel in the inertial travel mode), and
a clutch apparatus configured to connect and disconnect power transmission between the prime mover and an output target (e.g. Paragraphs [0021]-[0023]; where the clutch is disposed between the engine and the transmission, which can be connected or disconnected during traveling), wherein
the controller is configured to control the clutch apparatus (e.g. Paragraph [0025]; where the engine, clutch and transmission are controlled by electronic control by the vehicle ECU) and
to decrease a clutch capacity so as to transit to the inertial traveling mode when detected that the vehicle is traveling on a downhill road during the constant speed traveling mode (e.g. Paragraphs [0057], [0064], [0097]; where the inertial travel start determination unit determines that the inertial travel start determination condition is satisfied when the vehicle is entering a downward slope from a flat road, and the coasting start condition is satisfied such that the ECU disconnects the clutch and the inertial travel control unit controls the inertial travel), and the controller is configured to
control the clutch apparatus and to increase the clutch capacity so as to transit to the constant speed traveling mode when detected that the vehicle traveling on the downhill road has terminated (e.g. Paragraphs [0046], [0076], [0098], [0101]; where when it is determined that the downhill coasting condition is not satisfied, the system executes normal auto cruise traveling control; and where the traveling path is determined to change from a downhill to an uphill gradient (i.e., downhill traveling is terminated), the ECU switches the clutch from the disengaged state to the connected state (i.e., increase clutch capacity) and the vehicle speed increases to as to accelerate to the commanded speed), wherein
the controller increases the clutch capacity and generates engine braking according to an operation amount of a brake apparatus when it is detected that the brake apparatus has been actuated during the inertial traveling mode (e.g. Paragraph [0046]; where the inertial running is finished, if the vehicle speed is higher than the upper limit, the clutch is connected (i.e., clutch capacity is increased) and an appropriate engine brake is applied (i.e., generates engine braking), when the service brake is operated by operating the brake actuator).
As per Claim 2, Maekawa discloses the features of Claim 1, and Maekawa further discloses the features of wherein the controller increases the clutch capacity and generates engine braking when it is detected that a vehicle speed is increased to a threshold or more during the inertial traveling mode (e.g. Paragraph [0046]; where the inertial running is finished, if the vehicle speed is higher than the upper limit, the clutch is connected and an appropriate engine brake is applied).
As per Claim 4, Maekawa discloses the features of Claim 1, and Maekawa further discloses the features of wherein
the controller controls the clutch capacity (e.g. Paragraph [0025]; where the engine, clutch and transmission are controlled by electronic control by the vehicle ECU) such that
the current vehicle speed coincides with a target vehicle speed of the constant speed traveling mode when traveling of the downhill road has terminated (e.g. Paragraphs [0044], [0046]-[0047]; where the inertial running is determined to be finished, and the vehicle speed converges to the command speed) and
the inertial traveling mode is terminated to return to the constant speed traveling mode (e.g. Paragraphs [0044], [0046]-[0047]; where the return travel is performed and the vehicle accelerates to the command speed to return to the auto cruise traveling control).
As per Claim 6, Maekawa discloses the features of a vehicle (e.g. Paragraph [0021]; where a vehicle has an engine and a clutch) comprising
a controller (e.g. Paragraphs [0021], [0025]; where the vehicle has a travel control apparatus (ECU) which controls operations of the transmission and the clutch) configured to
switch between a constant speed traveling mode in which a vehicle speed is held constant (e.g. Paragraph [0026], [0040]; where the vehicle auto cruise switch controls constant speed travel; and the normal auto cruise travel control unit sets a constant speed to travel in the auto-cruise mode) and
an inertial traveling mode in which a prime mover is stopped or in an idling state (e.g. Paragraphs [0023], [0043]; where the engine is disconnected from the power system and the engine speed is set to idle; and where the inertial travel control unit controls the travel in the inertial travel mode), and
a clutch apparatus configured to connect and disconnect power transmission between the prime mover and an output target (e.g. Paragraphs [0021]-[0023]; where the clutch is disposed between the engine and the transmission, which can be connected or disconnected during traveling), wherein
the controller is configured to control the clutch apparatus (e.g. Paragraph [0025]; where the engine, clutch and transmission are controlled by electronic control by the vehicle ECU) and
to decrease a clutch capacity so as to transit to the inertial traveling mode when detected that the vehicle is traveling on a downhill road during the constant speed traveling mode (e.g. Paragraphs [0057], [0064], [0097]; where the inertial travel start determination unit determines that the inertial travel start determination condition is satisfied when the vehicle is entering a downward slope from a flat road, and the coasting start condition is satisfied such that the ECU disconnects the clutch and the inertial travel control unit controls the inertial travel), and the controller is configured to
control the clutch apparatus and to increase the clutch capacity so as to transit to the constant speed traveling mode when detected that the vehicle traveling on the downhill road has terminated (e.g. Paragraphs [0046], [0076], [0098], [0101]; where when it is determined that the downhill coasting condition is not satisfied, the system executes normal auto cruise traveling control; and where the traveling path is determined to change from a downhill to an uphill gradient (i.e., downhill traveling is terminated), the ECU switches the clutch from the disengaged state to the connected state (i.e., increase clutch capacity) and the vehicle speed increases to as to accelerate to the commanded speed), wherein
the controller controls the clutch capacity such that the current vehicle speed coincides with a target vehicle speed of the constant speed traveling mode when traveling of the downhill road has terminated and the inertial traveling mode is terminated to return to the constant speed traveling mode (e.g. Paragraphs [0012], [0018]; where the system determines an end to the inertial traveling control, and constant speed traveling is then performed, and when returning to the constant speed traveling, the traveling speed increases to the command speed to execute steady running where the running is performed at the command speed).
As per Claim 7, Maekawa discloses the features of a vehicle (e.g. Paragraph [0021]; where a vehicle has an engine and a clutch) comprising
a controller (e.g. Paragraphs [0021], [0025]; where the vehicle has a travel control apparatus (ECU) which controls operations of the transmission and the clutch) configured to
switch between a constant speed traveling mode in which a vehicle speed is held constant (e.g. Paragraph [0026], [0040]; where the vehicle auto cruise switch controls constant speed travel; and the normal auto cruise travel control unit sets a constant speed to travel in the auto-cruise mode) and
an inertial traveling mode in which a prime mover is stopped or in an idling state (e.g. Paragraphs [0023], [0043]; where the engine is disconnected from the power system and the engine speed is set to idle; and where the inertial travel control unit controls the travel in the inertial travel mode), and
a clutch apparatus configured to connect and disconnect power transmission between the prime mover and an output target (e.g. Paragraphs [0021]-[0023]; where the clutch is disposed between the engine and the transmission, which can be connected or disconnected during traveling), wherein
the controller is configured to control the clutch apparatus (e.g. Paragraph [0025]; where the engine, clutch and transmission are controlled by electronic control by the vehicle ECU) and
to decrease a clutch capacity so as to transit to the inertial traveling mode when detected that the vehicle is traveling on a downhill road during the constant speed traveling mode (e.g. Paragraphs [0057], [0064], [0097]; where the inertial travel start determination unit determines that the inertial travel start determination condition is satisfied when the vehicle is entering a downward slope from a flat road, and the coasting start condition is satisfied such that the ECU disconnects the clutch and the inertial travel control unit controls the inertial travel), and the controller is configured to
control the clutch apparatus and to increase the clutch capacity so as to transit to the constant speed traveling mode when detected that the vehicle traveling on the downhill road has terminated (e.g. Paragraphs [0046], [0076], [0098], [0101]; where when it is determined that the downhill coasting condition is not satisfied, the system executes normal auto cruise traveling control; and where the traveling path is determined to change from a downhill to an uphill gradient (i.e., downhill traveling is terminated), the ECU switches the clutch from the disengaged state to the connected state (i.e., increase clutch capacity) and the vehicle speed increases to as to accelerate to the commanded speed), wherein
the controller controls the clutch capacity based on a clutch operation when the clutch operation is received during an automatic clutch control is being performed (e.g. Paragraphs [0024], [0046], [0081]; where the clutch (2) is an automatic clutch that is connected/ disconnected by a vehicle ECU (100), and the clutch (2) is switch from a disengaged date to the connected state so that the clutch (2) is smoothly connected and the clutch (2) is controlled by the ECU (100) to transition from the disconnected to the connected state).
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 (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 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 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Publication No. 2012219986 A, to Maekawa, et al (hereinafter referred to as Maekawa; previously of record), in view of Japanese Patent Publication No. 2018135778 A, to Matsushita, et al (hereinafter referred to as Matsushita; previously of record).
As per Claim 5, Maekawa discloses the features of Claim 4, and Maekawa further discloses the features of wherein
the controller is configured to calculate a required engine rotational speed from a set gear ratio and a vehicle speed when traveling of the downhill road is terminated (e.g. Paragraphs [0023], [0042]; Figures 2, 11; where the rotational speed of the engine and the traveling speed of the vehicle is determined when the clutch is connected; and the output of the engine is operated by feedback control based on the deviation between the vehicle speed and the command speed in normal auto cruise traveling control) and
returning to the constant speed traveling mode by terminating the inertial traveling mode (e.g. Paragraphs [0044], [0046]-[0047]; where the return travel is performed and the vehicle accelerates to the command speed to return to the auto cruise traveling control), and the controller is configured to
increase the clutch capacity in a stage in which an engine rotational speed has reached the required engine rotational speed or more (e.g. Paragraph [0095], [0102]; Figures 2, 11; where the clutch capacity is increased and the clutch is engaged based on engine speed).
Matsushita more explicitly teaches the features of increase the clutch capacity in a stage in which an engine rotational speed has reached the required engine rotational speed or more.
Matsushita, in a similar field of endeavor, teaches a vehicle control device, where the ECU controls the engine speed when the target engine speed is higher than the idle speed to engage the clutch (e.g. Paragraphs [0028]-[0032]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the travel control device of Maekawa, with the feature of increasing the clutch capacity based on engine speed in the system of Matsushita, in order to shorten the time to fully engaging the clutch and improving fuel economy (see at least Paragraphs [0032], [0046] of Matsushita).
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 MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
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.
/MERRITT LEVY/Examiner, Art Unit 3663
/KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
Prosecution Insights