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 .
Response to Arguments
Applicant’s arguments, filed 11/03/2025, with respect to the rejection(s) of claim(s) 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bialas US-20150088387-A1 Bartel US-6729115-B2 and Tsutsumi US-20110098881-A1.
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 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.
Claim(s) 1 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bialas US-20150088387-A1 and Bartel US-6729115-B2 in view of Tsutsumi US-20110098881-A1.
1. (Original) Bialas US-20150088387-A1 discloses A method for setting an electrical signal range corresponding to a mechanical neutral position of a drive-by-wire control of ***vehicle***, the method comprising:
([0009] FIG. 1 is a schematic block diagram of a shift-by-wire system of a vehicle)
Bartel US-6729115-B2 discloses in a similar invention field of endeavor, a consideration for based upon a first electrical signal, “…terrain working vehicle”;
(Bartel [FIG.1] … is a right front perspective view of the twin-lever power mower of the present invention with the steering levers shown in dotted line when the parking brakes are set; …)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include a terrain working vehicle with a reasonable expectation for success, as taught by Bartel, for the benefit of adapting a drive-by-wire system to a vehicle used for agricultural work; increasing mobility and operational efficiency.
detecting a starting position of the drive-by-wire control with a sensor[0017], wherein the starting position is a mechanical neutral position for the drive-by-wire control[0016], the sensor capable to output an electrical signal based upon measuring a control position[0018, 0023];
([0016] the positions may include, but are not limited to, a reverse position 28 corresponding to the Reverse range, a neutral position 30 corresponding to the Neutral range,… When the driver releases the shift lever 12, it returns to a null position 26 (or a rest position). …a zone around the shift path 34 that provides a tolerance for any minimal lateral or longitudinal movement of the shift lever 12 when moving along the shift path 34 such that the position of the shift lever 12 may still be accurately identified, as described in more detail below.)
([0017] shift-by-wire system 10 also includes a first position sensor 14 and a second position sensor 16 configured to separately determine a first position …, respectively, of the shift lever 12 along the shift path 34.)
([0018] FIG. 3, the first position sensor 14 and the second position sensor 16 generally have a position arrangement 40, i.e., a coordinate system with an x-axis 42 and a y-axis 44, with respect to the shift pattern 24. As such, the first position signal 20 includes a first x-coordinate value x1 and a first y-coordinate value y1, and the second position signal 22 includes a second x-coordinate value x2 and a second y-coordinate value y2.)
([0019] The controller 18 is in electrical communication with the first position sensor 14 and the second position sensor 16, …to determine the selected transmission range. The controller 18 may then communicate the selected transmission range to the transmission or to another controller (not shown)… Method 100 generally checks the first position signal 20 and the second position signal 22 to determine their accuracy and reliability before communicating the associated range selection to the transmission and/or another controller.)
communicating a first electrical signal to a controller as measured in the starting position[0023]; and
based upon the first electrical signal, determining a ***initial calibration*** of the drive-by-wire control[0023].
([0023] the controller 18 performs a position diagnostic test 200, as depicted in FIG. 5 and described in more detail below, in which the controller 18 analyzes the accuracy of x1, x2, y1, and y2… The rationality test generally involves determining if at least one predetermined condition relating to the tested coordinate value exists.)
Tsutsumi US-20110098881-A1 discloses in a similar invention field of endeavor, a consideration for based upon a first electrical signal, “…determining a first electrical signal range(e.g. range of electrical signals sent within area defining N from amongst M, R, and D as seen in FIG.4) corresponding to a neutral state(e.g. the pre-operation position PLT is previously defined as a neutral position that is the first-direction second position P1_2 including M position (initial position)”;
(Tsutsumi [0073] shift operation determining means 114 determines whether the shift operating device 42 is shift-operated by the driver or not, based on a detection signal from at least one of the shift sensor 46 and the select sensor 48. Although there may be a case where the shift position PSH is substitutively recognized by a shift position determining means)
(Tsutsumi [0075] the shift operation determining means 114 is allowed to differentiate from one another a first-direction first position P1_1 indicative of R position, a first-direction second position P1_2 indicative of M position or N position, and a first-direction third position P1_3 indicative of B position or D position. In that case, the pre-operation position PLT is previously defined as a neutral position that is the first-direction second position P1_2 including M position (initial position), so that the shift operation determining means 114 determines that the shift operating device 42 is shift-operated by the driver …)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include determining a first electrical signal range corresponding to a neutral state with a reasonable expectation for success, as taught by Tsutsumi, for the benefit of defining a range of signal inputs to differentiate operational mode from one another (e.g. neutral).
3. (Original) Bialas discloses The method of claim 1, wherein the first electrical signal has a ***position*** about which the first electrical signal range is centered.
([0023] the controller 18 performs a position diagnostic test 200, as depicted in FIG. 5 and described in more detail below, in which the controller 18 analyzes the accuracy of x1, x2, y1, and y2… The rationality test generally involves determining if at least one predetermined condition relating to the tested coordinate value exists.)
Tsutsumi US-20110098881-A1 discloses in a similar invention field of endeavor, a consideration for based upon a first electrical signal, “…wherein the first electrical signal has a voltage or amperage about which the first electrical signal range is centered”;
(Tsutsumi [0062] recognition of the shift position PSH, as depicted in FIG. 5, a detection signal voltage VSF from the shift sensor 46 results in a voltage falling within a low range when the shift position PSH in the longitudinal direction (first direction) is B or D position; results in a voltage falling within a mid range that is a higher voltage than that within the lower range when it is M or N position; … As depicted in FIG. 6, a detection signal voltage VSL, from the select sensor 48 results in a voltage… )
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include determining a first electrical signal range corresponding to a neutral state with a reasonable expectation for success, as taught by Tsutsumi, for the benefit of defining a range of voltage/amperage inputs about which modes are distinguished/centered in order to differentiate operational mode from one another (e.g. neutral).
4. (Original) Bialas discloses The method of claim 1, further comprising:
detecting a present position of the drive-by-wire control with the sensor;
([0016] a particular transmission range by moving the shift lever 12 to a position corresponding to the transmission range… The first position sensor 14 and the second position sensor 16 …transmission range actually selected by the driver of the vehicle is communicated to the transmission …)
communicating a present electrical signal to the controller as measured in the present position; and
([0021] As explained above, the first position signal 20 has a first x-coordinate value x1 and a first y-coordinate value y1, and the second position signal 22 has a second x-coordinate value x2 and a second y-coordinate value y2.)
instructing actuation of a ***drive*** of the ***vehicle*** in a first direction when the present electrical signal is outside of a first boundary of the first electrical signal range.
([0016] As seen in FIG. 2, the positions may include, but are not limited to, a reverse position 28 corresponding to the Reverse range, a neutral position 30 corresponding to the Neutral range, and a drive position 32 corresponding to the Drive range.)
Bartel US-6729115-B2 discloses in a similar invention field of endeavor, a consideration for based upon a first electrical signal, “actuation of a drive wheel(drive wheels 12-13) of the terrain working vehicle”;
(Bartel [FIG.1] … is a right front perspective view of the twin-lever power mower of the present invention with the steering levers shown in dotted line when the parking brakes are set; …)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include actuation of a drive wheel of the terrain working vehicle with a reasonable expectation for success, as taught by Bartel, for the benefit of adapting a drive-by-wire system to a vehicle used for agricultural work and controlling drive wheels accordingly; increasing mobility and operational efficiency.
5. (Original) Bialas discloses The method of claim 4, further comprising instructing actuation of the ***vehicle*** in a second direction opposite the first direction when the present electrical signal is outside of a second boundary of the first electrical signal range.
([0016] As seen in FIG. 2, the positions may include, but are not limited to, a reverse position 28 corresponding to the Reverse range, a neutral position 30 corresponding to the Neutral range, and a drive position 32 corresponding to the Drive range.)
Bartel US-6729115-B2 discloses in a similar invention field of endeavor, a consideration for based upon a first electrical signal, “actuation of a drive wheel(drive wheels 12-13) of the terrain working vehicle”;
(Bartel [FIG.1] … is a right front perspective view of the twin-lever power mower of the present invention with the steering levers shown in dotted line when the parking brakes are set; …)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include actuation of a drive wheel of the terrain working vehicle with a reasonable expectation for success, as taught by Bartel, for the benefit of adapting a drive-by-wire system to a vehicle used for agricultural work and controlling drive wheels accordingly; increasing mobility and operational efficiency.
6. (Original) Bialas discloses The method of claim 4, wherein instructing actuation of the drive ***operation***.
([0016] a drive position 32 corresponding to the Drive range.)
Tsutsumi US-20110098881-A1 discloses in a similar invention field of endeavor, a consideration for, “… instructing actuation of the drive wheel(drive wheels 38) includes adjusting a power supplied to a drive motor of the drive wheel(power transmission device 10)”;
(Tsutsumi [0043] FIG. 1 is a diagrammatic view for explaining a power transmission device for vehicle 10 …;. The power transmission device 10 transmits a power derived from an engine 8 that is an internal combustion engine such as e.g., a gasoline engine or a diesel engine acting as a running drive-power source coupled directly or substantially directly … to the left and right drive wheels 38. … )
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include instructing actuation of the drive wheel and adjusting a power supplied to a drive motor of the drive wheel with a reasonable expectation for success, as taught by Tsutsumi, for the benefit of providing a system with a configuration for power transfer to enable movement (e.g. motor, transmission, drive wheels).
7. (Original) Bialas discloses The method of claim 4, wherein ***control*** of the ***vehicle*** ***varies*** relative to a **** first electrical signal range.
([0016] As seen in FIG. 2, the positions may include, but are not limited to, a reverse position 28 corresponding to the Reverse range, a neutral position 30 corresponding to the Neutral range, and a drive position 32 corresponding to the Drive range. )
Tsutsumi US-20110098881-A1 discloses in a similar invention field of endeavor, a consideration for, “… wherein speed of the drive wheel varies linearly relative to a difference between the present electrical signal and the first electrical signal range(e.g. the linear relationship between operation and signal as seen in FIG.5)”;
(Tsutsumi [0029] FIG. 5 is a diagram depicting a relationship between a longitudinal-direction shift position of the shift operating device of FIG. 4 and a detection signal voltage from a shift sensor included in the shift operating device.… )
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include wherein speed of the drive wheel varies linearly relative to a difference between the present electrical signal and the first electrical signal range with a reasonable expectation for success, as taught by Tsutsumi, for the benefit of providing a system with a configuration translation a linear relationship between signal input and operational output.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bialas US-20150088387-A1, Bartel US-6729115-B2 and Tsutsumi US-20110098881-A1, as applied to claim 1 above and further in view of Probst US-11787471-B1.
2. (Original) Bialas discloses The method of claim 1 further comprising determining a neutral ***position*** of the ***vehicle*** prior to detecting the starting position of the drive-by-wire control with the sensor.
([0023] the controller 18 performs a position diagnostic test 200, as depicted in FIG. 5 and described in more detail below, in which the controller 18 analyzes the accuracy of x1, x2, y1, and y2… The rationality test generally involves determining if at least one predetermined condition relating to the tested coordinate value exists.)
Bartel US-6729115-B2 discloses in a similar invention field of endeavor, a consideration for based upon a first electrical signal, “…terrain working vehicle”;
(Bartel [FIG.1] … is a right front perspective view of the twin-lever power mower of the present invention with the steering levers shown in dotted line when the parking brakes are set; …)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include a terrain working vehicle with a reasonable expectation for success, as taught by Bartel, for the benefit of adapting a drive-by-wire system to a vehicle used for agricultural work; increasing mobility and operational efficiency.
Probst US-11787471-B1 discloses in a similar invention field of endeavor, a consideration for based upon a first electrical signal, “…determining a neutral switch of the terrain working vehicle is closed”;
(Probst [col.5 In.15] FIGS. 1 - 3 to a neutral stop position (or stopped position), wherein pivot bar 116 engages a switch 150, which may be called a "neutral switch" herein. With respect to switch 150, it will be understood that this term is being used broadly to include switches that are preferably activated when the operator wishes to place the traction drives and the vehicle in a neutral or stopped state. Such a switch could be referred to as a park switch or a brake switch depending on the function thereof... [col.6 In.10] Whenever a neutral switch 150 is activated, a corresponding neutral position of a pivotable magnet 167 of the position sensor module 160 may be verified by the vehicle control system 180.)
It would have been obvious to one of ordinary skill in the art before the time the instant 15. application was effectively filed to adapt the modified system of Bialas to include a neutral switch is closed with a reasonable expectation for success, as taught by Probst, for the benefit of providing a switch for a terrain working vehicle which places vehicle operations into a neutral or stopped state [col.5 In.15].
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bialas US-20150088387-A1, Bartel US-6729115-B2 and Tsutsumi US-20110098881-A1, as applied to claim 1 above and further in view of Ebata US-20150000447-A1.
8. (Previously Presented) Bialas discloses The method of claim 1, wherein the first electrical signal range comprises the values ***within a range*** from the first electrical signal.
([0018] As a result, any movement of the shift lever 12 along the shift path 34 results in a change in both the x-coordinate value and the y-coordinate value of the first position signal 20 and/or the second position signal 22. )
Ebata US-20150000447-A1 discloses in a similar invention field of endeavor, a consideration for comprising “…values from the first electrical signal minus 0.1 volts to the first electrical signal plus 0.1 volts”;
(Ebata [0060] As mentioned above, the difference (one example thereof is 1.5 volts) between the detection voltage for detecting a shift-up operation and the detection voltage for detecting a fault of wire breaking or Vcc short-circuiting (one example thereof is 5.0 volts), and the difference (one example thereof is 1.5 volts) between the detection voltage for detecting a shift-down operation and the detection voltage for detecting a fault of GND short-circuiting (one example thereof is 0 volt) can be caused to be larger than the differences (one example thereof is 1.0 volt) between the reference voltage and the voltages for detecting the shift-up operation and the shift-down operation. Therefore, a fault can be detected more reliably. As such, Ebata teaches or suggests a range comprising at least +/- 0.1 volts.)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Bialas to include values from the first electrical signal minus 0.1 volts to the first electrical signal plus 0.1 volts with a reasonable expectation for success, as taught by Ebata, for the benefit of providing a system a predetermined range for monitoring operational signals.
Conclusion
It should be noted that there exists prior art which is pertinent to significant though unclaimed features of the defined invention or directed to the state of art. The following is a brief description of relevant prior art cited but not applied:
Miyata (US-20210146924-A1) discloses in a similar invention regarding shift-by-wire control 35. systems, a consideration for [0110] (4) The auxiliary power source ECU 112b is configured to determine whether the input voltage V1 to the auxiliary power source 112a is equal to or lower than the first predetermined value X (for example, 12V), and to determine whether the output voltage V2 from the auxiliary power source 112a is equal to or lower than the second predetermined value Y (for example, 9V) lower than the first predetermined value X (FIG. 6). The shift-by-wire ECU 107 is configured to control the shift-by-wire actuator 110 to maintain the speed range in the parking range for a predetermined time period when it is determined by the auxiliary power source ECU 112b that the input voltage V1 is equal to or lower than the first predetermined value X (V1≤X) or the output voltage V2 is equal to or lower than the second predetermined value Y (V2≤Y), i.e., when receiving the charge abnormality signal, during the auxiliary power supply from the auxiliary power source 112a to the shift- by-wire ECU 107 (FIG. 7).
See PTO-892: Notice of references cited.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JOHN MOSCOLA whose telephone number is (571)272-6944. The examiner can normally be reached M-F 7:30-5:30.
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/M.J.M./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663