Prosecution Insights
Last updated: April 19, 2026
Application No. 17/441,995

VEHICLE CONTROL DEVICE

Final Rejection §103§112
Filed
Sep 22, 2021
Examiner
GOODBODY, JOAN T
Art Unit
3664
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Advics Co. Ltd.
OA Round
5 (Final)
49%
Grant Probability
Moderate
6-7
OA Rounds
3y 5m
To Grant
89%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allow Rate
98 granted / 199 resolved
-2.8% vs TC avg
Strong +40% interview lift
Without
With
+39.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
28 currently pending
Career history
227
Total Applications
across all art units

Statute-Specific Performance

§101
17.0%
-23.0% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
6.6%
-33.4% vs TC avg
§112
15.6%
-24.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 199 resolved cases

Office Action

§103 §112
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 Status Claims 9 is amended. Claims 9-20 are pending Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in JP on 03/29/2019 . Interview Summary An interview was conducted. The issues discussed were the 112(a) which is being withdrawn but a 112(b) is replacing it. Also, discussed that maybe added punctuation may clarify the limitations. (See summary attached). Response to Arguments/Remarks Certified Copies of Priority Applications: Examiner apologizes for that error, corrected above. Claim Amendments and Rejection under 35 U.S.C. & 112 Applicant’s arguments have been fully considered and are persuasive. The 35 USC § 112a has been withdrawn. Note that there is now a 112b, see below. Prior Art Rejection Applicant argues that the art of record does not disclose/teach “recitation to increase the braking force of at least one of the front wheel and rear wheel after the increase in vehicle drive force has ceased of the vehicle in accordance with the execution of the orientation control is ended, the Official Action refers to Tadayoshi's paragraph [0029]. However, that passage instead describes reducing the braking force, and that no braking force is required to maintain a stopped state.” Examiner respectfully disagrees, but to further prosecution, is changing a piece of ART that more closely teaches the limitations as indicated in the arguments. 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 9-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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. In Claim 9, a subjective term is used. The Examiner could not determine the exact meaning of “Gently.” The specification does use this term but there is no definition/guidelines of what this term. Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. 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. Claims 9-12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki Kazuya [JP1999208439, now Kazuya], with et al. [JP2013060197, now Tadayoshi ], further in view of Ichinose et al. [US20130116874, now Ichinose]. Claim 9 Kazuya discloses a vehicle control device that controls a drive device and a braking device of a vehicle, the vehicle control device [see Kazuya, Claim 1; ¶ 0003-0005 (“control device”)] comprising: an orientation control circuitry configured to, in a case where the vehicle is stopped on a slope road by applying braking force to a front wheel and a rear wheel of the vehicle, instruct the braking device to decrease braking force of the front wheel and braking force of the rear wheel, and execute orientation control for instructing the drive device to increase drive force of the vehicle in a range in which a stop state of the vehicle is maintained [see Kazuya, ¶ 0005 (“The present invention has been made in view of the above problems in the conventional stop control device configured to automatically reduce the braking force on the wheels when the vehicle speed becomes a predetermined value or less when the vehicle is stopped, A main object of the present invention is to control the braking force so that the wheels move forward relative to the vehicle body when the vehicle is stopped, thereby preventing the vehicle from rolling back and avoiding a long braking distance. It is to reduce the shock caused by this.”); 0006 (“The present invention has been made in view of the above problems in the conventional stop control device configured to automatically reduce the braking force on the wheels when the vehicle speed becomes a predetermined value or less when the vehicle is stopped, A main object of the present invention is to control the braking force so that the wheels move forward relative to the vehicle body when the vehicle is stopped, thereby preventing the vehicle from rolling back and avoiding a long braking distance. It is to reduce the shock caused by this.”); 0030-0031; 0035 – 0036 (“The braking forces of the left and right front wheels 24FL, 24FR and the left and right rear wheels 24RL, 24RR are controlled by controlling the braking pressure of the corresponding wheel cylinder 46FL,46FR,46RL,46RR by the hydraulic circuit 44 of the braking device 42. Although not shown in the drawings, the hydraulic circuit 44 includes a reservoir, an oil pump Various valve devices and the like are included, and the braking pressure of each wheel cylinder is normally controlled by a master cylinder 50 that is driven in accordance with the depression operation of a brake pedal 48 by the driver, and is also controlled by an automatic brake control computer 52 as necessary, as will be described in detail later. [0036]As will be described in detail later, the automatic brake control computer 52 and the braking device 42 constitute an automatic braking device 54 for controlling a braking force in response to a control signal from the stop control computer 36 when the vehicle is parked or stopped by the stopping device, irrespective of the depressing operation of the brake pedal 48 by the driver.”); 0046-0051 (“braking force.” “driving force”)]. Kazuya does not specifically disclose but Tadayoshi does teach instructing the drive device to increase drive force of the vehicle in a range in which a stop state of the vehicle is maintained [see at least Tadayoshi , ¶ 0006 -0007 (“Preferably, the present invention is realized using a well-known ABS actuator. That is, the braking force is maintained by closing the inlet valve of the ABS actuator, the holding of the braking force is released by opening the inlet valve, and the opening timings of the plurality of inlet valves are made different from each other, thereby making the braking force release timings different from each other. [0007] According to the present invention, since the braking force release timings of at least two sets of wheels are made different from each other so that the total braking force corresponding to the total sum of the braking forces of the plurality of wheels is gradually lowered when the holding of the braking force is released after the completion of the automatic restart of the engine, it is possible to greatly simplify the device and reduce the cost while preventing a sudden decrease in the braking force as in the case where the above-described braking force is reduced in a stepless manner.”)]; a braking increase instruction circuitry configured to execute braking increase control for instructing the braking device to increase the braking force of at least one of the front wheel and the rear wheel after the increase in the drive force of the vehicle in accordance with the execution of the orientation control is ended [see at least Tadayoshi , ¶ 0006-0007; 0029 (“By performing such start control, the simultaneous occurrence of the increase in the driving force and the decrease in the braking force is avoided, so that the problem that may occur in FIG. 3 a can be solved. That is, in the period from time t2 to time t3, in a state where the driving force is maintained at a value that is balanced with the gradient, the stopped state can be maintained by the action of the driving force, and no braking force is required to maintain the stopped state. Therefore, even when the braking force starts to decrease, the vehicle speed remains 0, and the driver does not feel as if the vehicle is being dragged. Since the increase of the driving force is started when the braking force becomes 0, the vehicle speed can be smoothly increased as shown in the region of reference numeral 105, and therefore, a smooth start can be realized.”)], wherein, of the front wheel and the rear wheel, the drive device outputs drive force to one wheel, and does not output the drive force to the other wheel, and in a case where, of the front wheel and the rear wheel, the wheel to which the drive force is output from the drive device is a first wheel and the wheel to which the drive force is not output from the drive device is a second wheel [see at least Tadayoshi , ¶ 0006-0007; 0021 (“FIG. 2 b shows changes in the vehicle speed, the braking force (indicated by a broken line), and the driving force (indicated by a solid line) that can occur when the conventional start control is performed from the state shown in FIG. 2 a. As indicated by an arrow (a), the vehicle speed takes a positive value when the vehicle travels in the traveling direction, and takes a negative value when the vehicle travels in a direction opposite to the traveling direction.”)], the orientation control includes first braking decrease instruction processing of instructing the braking device to decrease the braking force of the first wheel and second braking decrease instruction processing of instructing the braking device to decrease the braking force of the second wheel after the braking force of the first wheel is decreased by driving the braking device based on execution of the first braking decrease instruction processing [see at least Tadayoshi , ¶ 0013- 0019 (“When the start control unit 13 detects the start operation of the vehicle performed by the driver while the stop state of the vehicle is held by the stop holding control unit 11, the start control unit 13 determines that In order to release the holding of the stopped state of the vehicle by the stop holding control unit 11, an instruction to release the braking force is issued to the braking force control unit 21, and an instruction to output the driving force for starting the vehicle is issued to the driving force control unit 23. The braking force control unit 21 controls start control unit 13, the braking force control unit 21 controls the braking actuator so as to release the braking force applied to maintain the stopped state of the vehicle… The start control unit 13 performs the start control as described above. Further, the start control according to the present invention is configured to use the gradient acquired by the gradient acquisition unit 17 to realize a smoother start of the vehicle that is held in a stopped state on a traveling road having a gradient. Here, with reference to FIGS. 2 and 3, the basic concept of the start control of the present invention will be described.”); 0021 (“FIG. 2 b shows changes in the vehicle speed, the braking force (indicated by a broken line), and the driving force (indicated by a solid line) that can occur when the conventional start control is performed from the state shown in FIG. 2 a. As indicated by an arrow (a), the vehicle speed takes a positive value when the vehicle travels in the traveling direction, and takes a negative value when the vehicle travels in a direction opposite to the traveling direction.”)]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006]. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Examiners Note: In the Broadest Reasonable interpretation of the Claims an orientation control unit is similar and provides the same functions as the Stop control device of Kazuya and the travel control device of Tadayoshi. Both Kazuya and Tadayoshi disclose/teach this limitations in a broad matter. Ichinose teaches these limitations using language and concepts that are more closely aligned with the instant application [see at least Ichinose, ¶ 0070-0071 (“When the constant braking torque denoted as 303 is applied to the driving wheels, the vehicle speed 301 decreases to the speed 302 at a fixed rate and the vehicle stops. During the period in which the constant braking torque is applied, the pitch motion continues to decline to the quantity represented by expression (6), and as a result, the vehicle leans forward, entering into a nose-dive state. The nose dive, or the state in which the suspension on the wheel contracts by reason of a rotational moment of the vehicle body due to deceleration and the vehicle leans forward, means that energy remains stored within the spring, and this state persists until the vehicle has come to a stop. [0071] Next, when the vehicle that is about to stop enters a state in which the negative acceleration due to the braking torque upon the vehicle suddenly becomes zero, the energy of the spring due to the nose dive is released in bursts, causing free vibration of the spring, as denoted by 305. This vibration is equal to the step response in the transfer function of expression (8), and is the pitch motion associated with the sudden stop. Since the numerical expressions herein described do not include an influence of the moment exerted upon a suspension arm by driving repulsion, the influence caused by the driving repulsion also requires consideration during actual control. Magnitude of the influence significantly differs according to the type of suspension system, so description of the magnitude is omitted herein.”); 0094 (“ Since the braking/driving torque is thus controlled, the magnitude of the pitch motion also decreases accordingly. In addition, the vehicle speed asymptotically approaches zero over time, as with the speed 403, until the vehicle has stopped.”)]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006], further with the ability to increase or decrease braking torque/pressure as needed to avoid nose-dive situation of Ichinose. Providing a more efficient, effective and safer process to control a vehicle during uphill, downhill or nose-dive situations by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Claim 10 Kazuya and Tadayoshi disclose/teach the device of Claim 9. Kazuya does not specifically disclose by Tadayoshi does teach the orientation control includes drive increase instruction processing of instructing the drive device to increase the drive force of the vehicle, and in the orientation control, the orientation control circuitry starts the drive increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing [see at least Tadayoshi , ¶ 0011 (“The travel control device 10 includes a stop holding control unit 11, a start control unit 13, and a travel control unit 15, and also includes a braking force control unit 21 and a driving force control unit 23.”), 0023 (“increase the driving force”); 0054 (“](3) a road surface gradient detection unit (step S4) configured to detect a road surface gradient of a slope on which the vehicle is stopped is provided, and the hill hold braking power control unit is configured to quicken both the reduction response of the driving wheel braking power and the reduction response of the driven wheel braking power as the road surface gradient increases. The braking force reduction characteristic corresponds to the increase in the driving force with a better response as the road surface gradient is larger at the time of starting, and the starting performance and the climbing capability can be improved regardless of the magnitude of the road surface gradient of the slope.”)] and the second braking decrease instruction processing after the first braking decrease instruction processing is ended and after the increase in the drive force of the vehicle in accordance with the driving of the drive device based on the execution of the drive increase instruction processing is started [see at least Tadayoshi , 0013 (“When the start control unit 13 detects the start operation of the vehicle performed by the driver while the stop state of the vehicle is held by the stop holding control unit 11, the start control unit 13 determines that In order to release the holding of the stopped state of the vehicle by the stop holding control unit 11, an instruction to release the braking force is issued to the braking force control unit 21, and an instruction to output the driving force for starting the vehicle is issued to the driving force control unit 23. The braking force control unit 21 controls start control unit 13, the braking force control unit 21 controls the braking actuator so as to release the braking force applied to maintain the stopped state of the vehicle.”); 0054-0055 (“](4) the hill-hold braking force control means increases the difference between the reduction responsiveness of the driving wheel braking force and the reduction responsiveness of the driven wheel braking force as the road surface gradient increases, and The braking force reduction characteristic corresponds to the need to maintain the hill holding property as the road surface gradient is larger at the time of start, and the seamless start can be realized regardless of the magnitude of the road surface gradient of the slope.”)]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006]. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Claim 11 Kazuya and Tadayoshi disclose/teach the device of Claim 10. Kazuya does not specifically disclose but Tadayoshi does teach in the drive increase instruction processing during the execution of the first braking decrease instruction processing, the orientation control circuitry instructs the drive device to increase the drive force of the vehicle such that a sum of excessive drive force which is a value obtained by subtracting the braking force of the first wheel from the drive force of the vehicle and the braking force of the second wheel is equal to or greater than a stop state maintaining force which is force necessary for maintaining a stop state of the vehicle against an action of gravity [see at least Tadayoshi , ¶ 0011; 0013; 0053-0055]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006]. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Claim 12 Kazuya and Tadayoshi disclose/teach the device of Claim 11. Kazuya further discloses in the drive increase instruction processing after the first braking decrease instruction processing is ended, the orientation control circuitry instructs the drive device to increase the drive force to the stop state maintaining force [see at least Kazuya, ¶ 0016-0017 (“According to the present invention, in order to effectively achieve the above-described main object, in the configuration of claim 1 According to a fifth aspect of the present invention, the stop control device includes a driving device capable of controlling a driving force to the wheel regardless of a driving operation by a driver, and is configured to apply the driving force to the wheel by the driving device to such an extent that the wheel does not move backward when a road surface on which the vehicle stops is an uphill… In general, when a vehicle stops on an uphill road, the amount of backward movement of the vehicle body immediately after the vehicle stops tends to be larger than that when the vehicle stops on a horizontal road due to the backward component of gravity acting on the vehicle, and the vehicle tends to move backward. According to the configuration of claim 5, when the road surface on which the vehicle stops is an uphill, the braking force on the wheel is released, and the driving force is applied to the wheel by the driving device to such an extent that the wheel does not move backward. Even when the vehicle stops on an uphill, the wheel is reliably moved forward relative to the vehicle body by the reaction of the restoring force of the suspension, so that the swing-back of the vehicle body and the shock caused by the swing-back are effectively reduced, and the vehicle is reliably prevented from moving backward and the stop position of the vehicle is reliably prevented from being behind a desired position”)]. Hideyuki also teaches in the drive increase instruction processing after the first braking decrease instruction processing is ended, the orientation control circuitry instructs the drive device to increase the drive force to the stop state maintaining force [see at least Tadayoshi , ¶ 0053-0055 (“]In step S31, it is determined whether the shift position acquired in step S12 (FIG. 5) indicates forward traveling (the shift position is D) or backward traveling (the shift position is R). If the shift position expresses the advancing travel, it proceeds to Step S32 and is Fig.5. (a) is referred to based on the gradient acquired in step S12, and the corresponding driving force is obtained as the target driving force. Such a map can be stored in advance in the memory of the travel control device 10. [0054]On the other hand, if the shift position indicates backward running, the process proceeds to step S33, and a map for backward running as shown in the upper part of FIG. 5 b is referred to based on the gradient acquired in step S12, and a corresponding driving force is obtained as a target driving force. Such a map can also be stored in advance in the memory of the travel control device 10. [0055]In this way, when the descending direction of the gradient of the traveling road is opposite to the direction in which the vehicle is about to start, the target driving force that balances with the magnitude of the gradient is calculated. Since such a target driving force acts on the vehicle, the driver can start the vehicle without perceiving a feeling that the vehicle slides down the slope. Since the vehicle is held in the stopped state by the target driving force until the braking force is completely released, the driver can start the vehicle without feeling discomfort.”)]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and the travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006]. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Claim 19 Kazuya and Tadayoshi disclose/teach the device of Claim 9. Kazuya further discloses further comprising a drive decrease instruction circuitry configured to execute drive decrease control for instructing the drive device to decrease the drive force of the vehicle after the increase in the drive force of the vehicle in accordance with the execution of the orientation control is ended, wherein in the drive decrease control, the drive decrease instruction unit instructs the drive device to decrease the drive force of the vehicle at a speed corresponding to an increase speed of the braking force when the braking force of the vehicle is increased by the driving of the braking device based on the execution of the braking increase control [see at least Kazuya, Claim 5; ¶ 0016]. Claim(s) 13-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki Kazuya [1999208439, now Kazuya], with Tadayoshi et al. [JP2003260960, now Tadayoshi ], further in view of Hiromitsu et al. [JP2006142902, now Hiromitsu]. Claim 13 Kazuya and Tadayoshi disclose/teach the device of Claim 12. Kazuya further discloses the braking increase control includes first braking increase instruction processing of instructing the braking device to increase the braking force of the first wheel, and second braking increase instruction processing of instructing the braking device to increase the braking force of the second wheel, and in the braking increase control, the braking increase instruction unit starts the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing is ended, and the second braking increase instruction processing after the decrease in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking decrease instruction processing is ended [see at least Kazuya, ¶ 0006, 0015 (“when a vehicle stops on a downward slope, the amount of backward movement of the vehicle body immediately after the vehicle stops is smaller than that when the vehicle stops on a horizontal road due to the forward component of the gravity acting on the vehicle, but the braking distance of the vehicle tends to be longer. According to the fourth aspect of the present invention, when the road surface on which the vehicle stops is a downward slope, the control for substantially releasing the braking force applied to the wheel is prohibited, so that it is possible to reliably prevent the braking distance of the vehicle from becoming long when the vehicle stops on the downward slope.”)]. Kazuya teaches these limitations in overall general concepts, Hiromitsu also teaches the braking increase control includes first braking increase instruction processing of instructing the braking device to increase the braking force of the first wheel, and second braking increase instruction processing of instructing the braking device to increase the braking force of the second wheel, and in the braking increase control, the braking increase instruction circuitry starts the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing is ended, and the second braking increase instruction processing after the decrease in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking decrease instruction processing is ended [see at least Hiromitsu, ¶ 0006; 0011; 0023; 0025; 0049 (“Therefore, as shown in FIG. 12, the front wheel side (driving wheel side) in which the braking force is released late maintains the hill hold performance due to the remaining front hydraulic pressure, and the rear wheel side (driven wheel side) in which the braking force is released early reduces the drag resistance due to the early removal of the rear hydraulic pressure. In other words, the occurrence of a slip on the front wheel side, which leads to a reduction in motor torque as in the case where the hydraulic pressure is removed with a high response for both the front and rear wheels, is eliminated, and conversely, the occurrence of a large drag resistance as in the case where the hydraulic pressure is removed with a response delay for both the front and rear wheels, is eliminated.”)]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006], further with the “hill-hold braking force control apparatus for a vehicle which is applied to a hybrid vehicle, an electric vehicle, or the like and in which at least one motor is provided as a power source for driving wheels” of Hiromitsu. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Claim 14 Kazuya, Tadayoshi and Hiromitsu disclose/teach the device of Claim 13. Kazuya further discloses in the braking increase control, the braking increase instruction circuitry starts the second braking increase instruction processing before the first braking increase instruction processing, and the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing and after the increase in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking increase instruction processing is started [see at least Kazuya, ¶ 0005 (“braking distance of the vehicle by controlling a braking force so that a wheel moves forward relative to the vehicle body when the vehicle stops.”); 0051 (“In Step 160, the control of the damping force of each shock absorber is returned to the normal control mode, in Step 170, the braking force to such an extent that each wheel does not move is applied again, and in Step 180 It is determined whether or not a parking brake switch 66 is in an ON state and whether or not a stop state maintaining operation by a driver is performed. When a negative determination is made, the routine returns to step 170, and when an affirmative determination is made, in step 190, a control signal is output to the automatic brake control computer 52, whereby the control mode of the braking force of each wheel is returned to the normal control mode.”)]. Hideyuki also teaches first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing and after the increase in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking increase instruction processing is started [see at least Hiromitsu., ¶ 0047-0049]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006], further with the “hill-hold braking force control apparatus for a vehicle which is applied to a hybrid vehicle, an electric vehicle, or the like and in which at least one motor is provided as a power source for driving wheels” of Hiromitsu. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Note: A braking control is designed to both increase and decrease as required. Claim 15 Kazuya and Tadayoshi disclose/teach the device of Claim 11. Kazuya further teaches the braking increase control includes first braking increase instruction processing of instructing the braking device to increase the braking force of the first wheel, and second braking increase instruction processing of instructing the braking device to increase the braking force of the second wheel, and in the braking increase control, the braking increase instruction circuitry starts the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing is ended, and the second braking increase instruction processing after the decrease in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking decrease instruction processing is ended [see at least Kazuya, ¶ 0005; 0051]. Hiromitsu also teaches the braking increase control includes first braking increase instruction processing of instructing the braking device to increase the braking force of the first wheel, and second braking increase instruction processing of instructing the braking device to increase the braking force of the second wheel, and in the braking increase control, the braking increase instruction unit starts the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing is ended, and the second braking increase instruction processing after the decrease in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking decrease instruction processing is ended [see at least Hiromitsu, ¶ 0047-0049]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006], further with the “hill-hold braking force control apparatus for a vehicle which is applied to a hybrid vehicle, an electric vehicle, or the like and in which at least one motor is provided as a power source for driving wheels” of Hiromitsu. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Note: A braking control can both increase and decrease as needed. Claim 16 Kazuya, Tadayoshi and Hiromitsu disclose/teach the device of Claim 15. Kazuya teaches control of braking [see at least Kazuya, Claim 1 (“Means for detecting a braking state of the vehicle; means for detecting that a vehicle body as a sprung mass has substantially stopped; This stop control device for a vehicle has a braking device capable of controlling braking force to a wheel regardless of braking operation by a driver as necessary, and a control means for substantially releasing the braking force to the wheel for a predetermined time from the moment when a sprung part is substantially stopped when the vehicle is braked.”)]. Kazuya does not specifically disclose the specific limitations but Hiromitsu does teach the braking increase control, the braking increase instruction circuitry starts the second braking increase instruction processing before the first braking increase instruction processing, and the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing and after the increase in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking increase instruction processing is started [see at least Hiromitsu, ¶ 0047-0049 (“That is, in the step S8, since the time constant is determined so as to make the response of the front braking force slower than the response of the rear braking force (FIG. 9), when the start condition of the hill-hole control is satisfied at the time of stopping on a slope, as shown in FIG. 11, the rear hydraulic pressure increases at a steep gradient from the time of t0 and reaches the pressure adjustment target value at the time of t1. On the other hand, the front hydraulic pressure increases with a gentle gradient from the time point of the t0 and reaches the pressure regulation target value at the time point of the t1 that is later than the time point of the t2. [0048]Further, when the release condition of the hill-hole control is satisfied at the time of starting from the stop on the slope, as shown in FIG. 11, the rear hydraulic pressure decreases at a steep gradient from the time of t2 and reaches 0 hydraulic pressure at the time of t3. On the other hand, the front hydraulic pressure decreases with a gentle gradient from the time point of t2, and reaches 0 hydraulic pressure at the time point of t3, which is later than the time point of t4. [0049]Therefore, as shown in FIG. 12, the front wheel side (driving wheel side) in which the braking force is released late maintains the hill hold performance due to the remaining front hydraulic pressure, and the rear wheel side (driven wheel side) in which the braking force is released early reduces the drag resistance due to the early removal of the rear hydraulic pressure. In other words, the occurrence of a slip on the front wheel side, which leads to a reduction in motor torque as in the case where the hydraulic pressure is removed with a high response for both the front and rear wheels, is eliminated, and conversely, the occurrence of a large drag resistance as in the case where the hydraulic pressure is removed with a response delay for both the front and rear wheels, is eliminated”)]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006], further with the “hill-hold braking force control apparatus for a vehicle which is applied to a hybrid vehicle, an electric vehicle, or the like and in which at least one motor is provided as a power source for driving wheels” of Hiromitsu. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Claim 17 Kazuya and Tadayoshi disclose/teach the device of Claim 10. Kazuya teaches control of braking [see at least Kazuya, Claim 1 (“Means for detecting a braking state of the vehicle; means for detecting that a vehicle body as a sprung mass has substantially stopped; This stop control device for a vehicle has a braking device capable of controlling braking force to a wheel regardless of braking operation by a driver as necessary, and a control means for substantially releasing the braking force to the wheel for a predetermined time from the moment when a sprung part is substantially stopped when the vehicle is braked.”)]. Kazuya does not specifically disclose the specific limitations but Hiromitsu teaches the braking increase control includes first braking increase instruction processing of instructing the braking device to increase the braking force of the first wheel, and second braking increase instruction processing of instructing the braking device to increase the braking force of the second wheel, and in the braking increase control, the braking increase instruction unit starts the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing is ended, and the second braking increase instruction processing after the decrease in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking decrease instruction processing is ended [see at least Hiromitsu, ¶ 0003-0004; 0036-0047; 0047-0049; 0054-0055]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006]. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Claim 18 Kazuya, Tadayoshi and Hiromitsu disclose/teach the device of Claim 17. Kazuya further discloses in the braking increase control, the braking increase instruction unit starts the second braking increase instruction processing before the first braking increase instruction processing, and the first braking increase instruction processing after the decrease in the braking force of the first wheel in accordance with the driving of the braking device based on the execution of the first braking decrease instruction processing and after the increase in the braking force of the second wheel in accordance with the driving of the braking device based on the execution of the second braking increase instruction processing is started [see at least Kazuya, Claim 5 (“The vehicle stop control device according to claim 3, wherein the stop control device includes a driving device capable of controlling a driving force for the wheel regardless of a driving operation by a driver, and when a road surface on which the vehicle stops is an uphill, the driving device applies a driving force to the wheel to such an extent that the wheel does not move backward.”); ¶ 0016 (“According to the present invention, in order to effectively achieve the above-described main object, in the configuration of claim 1 According to a fifth aspect of the present invention, the stop control device includes a driving device capable of controlling a driving force to the wheel regardless of a driving operation by a driver, and is configured to apply the driving force to the wheel by the driving device to such an extent that the wheel does not move backward when a road surface on which the vehicle stops is an uphill.”)]. Claim 20 Kazuya, Tadayoshi and Hiromitsu disclose/teach the device of Claim 17. Kazuya does not specifically disclose the specific limitations but Hiromitsu i teaches further comprising a drive decrease instruction circuitry configured to execute drive decrease control for instructing the drive device to decrease the drive force of the vehicle after the increase in the drive force of the vehicle in accordance with the execution of the orientation control is ended, wherein in the drive decrease control, the drive decrease instruction circuitry instructs the drive device to decrease the drive force of the vehicle at a speed corresponding to an increase speed of the braking force when the braking force of the vehicle is increased by the driving of the braking device based on the execution of the braking increase control [see at least Hiromitsu, Claim 1, 5; ¶ 0016; 0037-0038; 0047-0049]. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify/combine, with a reasonable expectation of success, the ability to reduce the swing-back of the vehicle body and the shock caused by the swing-back when the vehicle is stopped” of Kazuya [0004] with the “stop holding control unit configured to hold the vehicle in a stop state via the braking force control unit; and The travel control device includes a driving force control means for controlling a driving force of the vehicle, a start operation detection means for detecting a start operation to the vehicle by an occupant, and a means for acquiring a gradient of a travel road of the vehicle” of Tadayoshi [0006]. Providing a more efficient, effective and safer process to control a vehicle by using a “control device, drive force of the vehicle is decreased by controlling the drive device, and braking force of the vehicle is increased by controlling a braking device, such that the vehicle is stopped on the up-hill road” [0002 Instant specification]. Conclusion THIS ACTION IS MADE FINAL. 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. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maruyama et al. [US20130060433] When the vehicle decelerates on the ascending slope, a required brake axle torque is calculated in accordance with vehicle deceleration, so that the swinging back is suppressed. At start timing after that, initial and final values of the required brake axle torque and a correction duration are determined. During the correction duration from the start timing, the required brake axle torque is decreased from the initial value to the final value. Then, based on change in a detected vehicular speed at or before a time which is a last moment of a period in which the detected vehicular speed detected based on detection signals of the wheel speed sensors are equal to or larger than a minimum detectable vehicular speed, a stop time at which an actual vehicle speed becomes zero is estimated, a period from the start time to the stop time is identified as the correction duration.[Abstract] Yamakado et al. [US20140145498] Vehicular motion control system comprising controller that independently controls driving force and/or braking force of each of four wheels and a turning direction sensor that senses a turning direction, and with an acceleration/deceleration command generator that generates an acceleration/deceleration command based upon a sensed steering angle and sensed vehicle speed and a driving force/braking force distributor that determines the distribution of driving force or driving torque and/or braking force or braking torque of each wheel, and driving force/braking force distributor determines based upon the acceleration/deceleration command and the turning direction so that more driving force or more driving torque and/or more braking force or more braking torque are/is distributed to the inside front wheel in turning than the outside front wheel in turning and more driving force or more driving torque and/or more braking force or more braking torque are/is distributed to the outside rear wheel. [Abstract]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOAN T GOODBODY whose telephone number is (571) 270-7952. The examiner can normally be reached on M-TH 7-3 (US Eastern time). 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 https://www.uspto.gov/patents/uspto-automated-interview-request-air-form.html. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RACHID BENDIDI can be reached at (571) 272-4896. The Fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspot.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197 (toll-free). If you would like assistance from the USPTO Customer Serie Representative or access to the automated information system, call (800) 786-9199 (IN USA OR CANADA) or (571) 272-1000. /JOAN T GOODBODY/ Primary Examiner, Art Unit 3664 (571) 270-7952
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Prosecution Timeline

Sep 22, 2021
Application Filed
Sep 22, 2021
Response after Non-Final Action
Jan 11, 2024
Non-Final Rejection — §103, §112
Apr 17, 2024
Response Filed
Apr 29, 2024
Non-Final Rejection — §103, §112
Aug 01, 2024
Response Filed
Oct 09, 2024
Final Rejection — §103, §112
Jan 13, 2025
Request for Continued Examination
Jan 16, 2025
Response after Non-Final Action
Sep 18, 2025
Non-Final Rejection — §103, §112
Dec 26, 2025
Response Filed
Feb 25, 2026
Examiner Interview (Telephonic)
Mar 05, 2026
Final Rejection — §103, §112 (current)

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