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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments, see applicant’s remarks pages 8-13, filed 2/06/2026, with respect to the rejection(s) of claim(s) 1, 3-15, and 17-28 under 35 U.S.C. 103 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 Therefore, the rejection has been withdrawn.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 Onoue, et al., hereinafter Onoue (Japanese Patent Application Pub. No. 2019-038319A).
Applicant’s arguments, see specifically pages 9-10 of the remarks, state that prior art Kilmurray is directed towards a “stationary” degraded driving mode and does not teach pending claim 1, which is directed towards “informing the driver while in a state of driving about the lower amount of stored energy”, where the information is only communicated “while the vehicle is already driving” in order for the driver the notice the reduced braking performance. The current claim limitations are broader than the intended limitations presented in the remarks. The examiner suggests incorporating the language used within the applicant’s remarks listed above. For example, a limitation highlighting the vehicle being in a “state of driving” when the braking performance is reduced. Furthermore, for sake of clarity, the examiner suggests indicating that “reduction in the braking performance is stopped while the actual energy level of the electric power source is still lower than a predetermined threshold” in order to satisfy a braking demand above a predetermined emergency threshold, as described in the arguments on page 9, as the current claim language is unclear as to how the braking performance reduction is stopped in relation to the energy level of the power source. The 35 U.S.C. 103 rejection below is based upon the current pending claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 17 includes the limitation “stopping to reduce the braking performance of the electric brake device when the braking demand is higher than a predetermined emergency threshold”, which does not further limit the newly amended claim 15, including the limitation “wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1, 4-15, and 17-30 are rejected under 35 U.S.C. 103 as being unpatentable over Kilmurray, et al., hereinafter Kilmurray (U.S. Patent Application Pub. No. 2018/0194353) in view of Nilsson, et al., hereinafter Nilsson (European Patent Application Pub. No. 3 339 119), and further in view of Onoue, et al., hereinafter Onoue (Japanese Patent Application Pub. No. 2019-038319A).
Regarding Claim 1, Kilmurray teaches: An electromechanical brake system (Kilmurray, Para. 0002 and 0005 – “a brake assembly, a brake-by-wire (BBW) system” where BBW systems are “referred to as an electronic braking system (EBS)”), comprising
an electric power source (Kilmurray, Para. 0025 and 0053 – where the brake-by-wire system “can utilize and distribute electrical power from power electronics”; where the power electronics are “responsible for powering the various components in the brake assemblies 160a-160d”) and at least one electric brake device powered by the electric power source to generate a braking force responsive to a braking demand (Kilmurray, Para. 0005 and 0025 – where the “BBW system is configured to control the brake assembly in response to a braking request”; and the BBW system uses electrical power supplied by the power electronics),
wherein the electromechanical brake system is configured to adjust braking performance of the electric brake device according to an actual energy level of the electric power source (Kilmurray, Para. 0005, 0031, 0053-0064 – where brake assemblies of the BBW system are “configured to adjust a braking force applied” in response to a system fault, such as low “vehicle power” and “a faulty power supply or a fault in the power electronics”),
wherein the electric power source is one of a plurality of electric power sources;
wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and
wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
While Kilmurray teaches the electric power source, Kilmurray does not teach wherein the electric power source is one of a plurality of electric power sources. Kilmurray does not teach wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
However, Nilsson teaches wherein the electric power source is one of a plurality of electric power sources (Nilsson, Para. 0060-0061 and 0078 – where two brake devices 7A and 7B are supplied with power by “a power supply circuit 8A, 8B” each having “a capacitor-based power source 9A, 9B”, such that there is a plurality of electric source).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electromechanical brake system of Kilmurray to include wherein the electric power source is one of a plurality of electric power sources, as taught by Nilsson, in order to have a plurality of power sources such that if one power source were to fail, the other would be able to compensate for the faulty one.
Kilmurray in view of Nilsson does not teach wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
However, Onoue teaches wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold (Onoue, Para. 0013 and 0020 – a “braking force generating mechanism is configured to reduce the braking force when the charge state of the main power supply becomes equal to or lower than a threshold value”; where the brake device is a “brake-by-wire mechanism”, or electric brake), and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold (Onoue, Para. 0011-0013, 0022, 0039-0040 – where the “braking force generating mechanism” can “induce an increase in the occupant's pedal force by generating a reaction force of a predetermined value or more on the brake pedal” to ensure “the braking force of each wheel”, “even if the braking force generating mechanism reduces the braking force when the state of charge of the main power supply falls below a threshold”, such that braking force is increased, rather than reduced, in order to provide the required braking force, or demand, for example to maintain a stopped state on a gradient based on a predetermined value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electromechanical brake system including the above limitations of Kilmurray in view of Nilsson to include wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold, as taught by Onoue, in order to limit the amount of energy used by the brake system when there is not enough available electric power while maintaining a braking demand for specific situations.
In regards to Claim 4, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the electromechanical brake system comprises a power diagnostic module for detecting the actual energy level and/or a performance of the electric power source (Kilmurray, Para. 0032 and 0040-0041 – a vehicle control module (VCM) in communication with a brake-by-wire (BBW) system conducts tests including “vehicle power diagnostic tests”).
In regards to Claim 5, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray teaches wherein the braking performance is reduced to a predetermined level (Kilmurray, Para. 0054-0064 – where the “BBW system” is configured to, in response to a system fault, “providing brake boost w/ power conservation” such that brake pressure is limited to a “partial-boost mode”).
In regards to Claim 6, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the electromechanical brake system is configured to output a warning signal (Kilmurray, Para. 0032 – a “vehicle status signal” to indicate a limited operating mode invoked by a fault in the system) when the actual energy level of the electric power source is lower than a warning threshold, the warning threshold being higher than the predetermined threshold (Kilmurray, Para. 0041 and 0054-0057 – where a limited operating mode titled “Degraded 0 driving mode” is activated when “one or more excessive operating conditions” are detected, where this mode “invokes various driver alerts without limiting the speed of the vehicle”; where one of the tests that dictates operating modes is a “vehicle power diagnostic tests”).
In regards to Claim 7, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the electromechanical brake system is configured to carry out automatic stopping when the actual energy level of the electric power source is lower than an automatic stopping threshold, the automatic stopping threshold is lower than the predetermined threshold (Kilmurray, Para. 0063-0064 – where if “the amount of vehicle power is less than or equal to a threshold for continued manual vehicle operation” then the vehicle control module activates a “forced coast-down procedure” to “command the vehicle shut down module 308 to apply the electronic parking brake such that the vehicle 100 is immobilized or maintained in a stationary state”).
In regards to Claim 8, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 7, and Kilmurray further teaches wherein a parking brake is applied after the automatic stopping is completed (Kilmurray, Para. 0070 – “When the vehicle becomes stationary at operation 420, the electronic parking brake is automatically applied at operation 424”).
In regards to Claim 9, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the braking performance comprises braking force and/or braking response time (Kilmurray, Para. 0005 – where a “brake assembly is coupled to the wheel, and is configured to adjust a braking force applied”).
In regards to Claim 10, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the braking performance comprises braking force and/or braking response time (Kilmurray, Para. 0005 – where the “brake assembly is coupled to the wheel, and is configured to adjust a braking force applied”).
In regards to Claim 11, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray in view of Nilsson and Onoue further teaches wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device powered by any one of the electric power sources (Nilsson, Para. 0060-0061 and 0078 – where two brake devices 7A and 7B are supplied with power by “a power supply circuit 8A, 8B” each having “a capacitor-based power source 9A, 9B”, such that there is a plurality of electric source) whose actual energy level is lower than the predetermined threshold or reduce braking performance of all of the electric brake devices where the at least one electric brake device includes a plurality of electric braking devices when the actual energy level of any one of the electric power sources is lower than the predetermined threshold (Kilmurray, Para. 0022-0025, 0054-0064 – where the “BBW system” including the plurality of brake assemblies 160a-106d, “is configured to control the brake assembly”, and where brake assemblies of the BBW system are “configured to adjust a braking force applied” in response to a system fault, such as “vehicle power” below a threshold, for example “providing brake boost w/ power conservation” such that brake pressure is limited; where “power electronics, such as battery sub-systems of the vehicle” supply power to BBW system; Nilsson, Para. 0092 – where it is determined if “the energy level in one capacitor-based power source 9 falls below a threshold” of the plurality of power sources 9a and 9b).
In regards to Claim 12, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the electromechanical brake system comprises an ECU (Kilmurray, Para. 0033-0034 – a “BBW controller” which sends signals and communicates with the BBW system, acting as an electronic control unit (ECU) for the BBW system), the ECU is configured to adjust braking performance of the electric brake device based on the received braking demand (Kilmurray, Para. 0005 – the “BBW system is configured to control the brake assembly in response to a braking request”; where BBW controller receives inputs from the assembly and will “generate commands and/or currents that drive the brake actuators”) and the actual energy level of the electric power source (Kilmurray, Para. 0054-0064 – where degraded driving modes are activated based on system faults, such as when vehicle power is “less than or equal to a threshold”; degraded driving modes include “providing brake boost w/ power conservation” such that brake pressure is limited).
In regards to Claim 13, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the electromechanical brake system comprises an axle control unit corresponding to an axle (Kilmurray, See Fig. 1 and Para. 0016-0022 – where there is a first and second axle with brake assemblies, or axle control units, located on the axles; where the brake assemblies are included in the brake-by-wire (BBW) system), each axle control unit controls electric brake devices at both ends of the axle, the axle control unit is configured to adjust braking performance of the electric brake device (Kilmurray, See Fig. 1 Below and Para. 0022 – where the brake assemblies, which are part of the BBW system, “can control braking torque to the wheels” and can “slow or stop a motion of the vehicle”) based on the received braking demand and the actual energy level of the electric power source (Kilmurray, Para. 0005, 0022, 0054-0064 – where the “BBW system” including the brake assemblies, or axle control units, “is configured to control the brake assembly in response to a braking request”, and where brake assemblies of the BBW system are “configured to adjust a braking force applied” in response to a system fault, such as low “vehicle power”; for example “providing brake boost w/ power conservation” such that brake pressure is limited).
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Kilmurray, Annotated Fig. 1
In regards to Claim 14, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 1, and Kilmurray further teaches wherein the electric power source comprises a capacitor-based power source and/or a battery (Kilmurray, Para. 0025 – where the brake-by-wire system “can utilize and distribute electrical power from power electronics, such as battery sub-systems”).
Regarding Claim 15, Kilmurray teaches: A control method of electromechanical brake system (Kilmurray, Para. 0002, 0005, and 0007 – a method of controlling a vehicle including “a brake assembly, a brake-by-wire (BBW) system” where BBW systems are “referred to as an electronic braking system (EBS)”), the electromechanical brake system comprising
an electric power source (Kilmurray, Para. 0025 and 0053 – where the brake-by-wire system “can utilize and distribute electrical power from power electronics”; where the power electronics are “responsible for powering the various components in the brake assemblies 160a-160d”) and at least one electric brake device powered by the electric power source to generate a braking force responsive to a braking demand (Kilmurray, Para. 0005 and 0025 – where the “BBW system is configured to control the brake assembly in response to a braking request”; and the BBW system uses electrical power supplied by the power electronics),
wherein the control method comprises adjusting braking performance of the electric brake device according to an actual energy level of the electric power source (Kilmurray, Para. 0005, 0031, 0053-0064 – where brake assemblies of the BBW system are “configured to adjust a braking force applied” in response to a system fault, such as low “vehicle power” and “a faulty power supply or a fault in the power electronics”),
wherein the electric power source is one of a plurality of electric power sources;
wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and
wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
While Kilmurray teaches the electric power source, Kilmurray does not teach wherein the electric power source is one of a plurality of electric power sources. Kilmurray does not teach wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
However, Nilsson teaches wherein the electric power source is one of a plurality of electric power sources (Nilsson, Para. 0060-0061 and 0078 – where two brake devices 7A and 7B are supplied with power by “a power supply circuit 8A, 8B” each having “a capacitor-based power source 9A, 9B”, such that there is a plurality of electric source).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control method of Kilmurray to include wherein the electric power source is one of a plurality of electric power sources, as taught by Nilsson, in order to have a plurality of power sources such that if one power source were to fail, the other would be able to compensate for the faulty one.
Kilmurray in view of Nilsson does not teach wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
However, Onoue teaches wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold (Onoue, Para. 0013 and 0020 – a “braking force generating mechanism is configured to reduce the braking force when the charge state of the main power supply becomes equal to or lower than a threshold value”; where the brake device is a “brake-by-wire mechanism”, or electric brake), and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold (Onoue, Para. 0011-0013, 0022, 0039-0040 – where the “braking force generating mechanism” can “induce an increase in the occupant's pedal force by generating a reaction force of a predetermined value or more on the brake pedal” to ensure “the braking force of each wheel”, “even if the braking force generating mechanism reduces the braking force when the state of charge of the main power supply falls below a threshold”, such that braking force is increased, rather than reduced, in order to provide the required braking force, or demand, for example to maintain a stopped state on a gradient based on a predetermined value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control method including the above limitations of Kilmurray in view of Nilsson to include wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold, as taught by Onoue, in order to limit the amount of energy used by the brake system when there is not enough available electric power while maintaining a braking demand for specific situations.
In regards to Claim 17, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 15, and Kilmurray in view of Nilsson and Onoue teaches wherein the control method further comprises stopping to reduce the braking performance of the electric brake device when the braking demand is higher than a predetermined emergency threshold (Onoue, Para. 0011-0013, 0022, 0039-0040 – where the “braking force generating mechanism” can “induce an increase in the occupant's pedal force by generating a reaction force of a predetermined value or more on the brake pedal” to ensure “the braking force of each wheel”, “even if the braking force generating mechanism reduces the braking force when the state of charge of the main power supply falls below a threshold”, such that braking force is increased, rather than reduced, in order to provide the required braking force, or demand, for example to maintain a stopped state on a gradient based on a predetermined value).
In regards to Claim 18, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 15, and Kilmurray further teaches wherein the control method further comprises detecting the actual energy level and/or a performance of the electric power source through a power diagnostic module (Kilmurray, Para. 0032 and 0040-0041 – a vehicle control module (VCM) in communication with a brake-by-wire (BBW) system conducts tests including “vehicle power diagnostic tests”).
In regards to Claim 19, Kilmurray in view of Nilsson and Onoue teaches the control method of Claim 16, and Kilmurray in view of Nilsson and Onoue teaches wherein the reducing braking performance of the electric brake device (Kilmurray, Para. 0005 and 0054-0064 – where brake assemblies of the BBW system are configured to “providing brake boost w/ power conservation” such that brake pressure is limited; Onoue, Para. 0078-0083 – when “the vehicle power source” is “deteriorated” and “lower than a first predetermined voltage value”, “the braking force is lessened as a result of decrease of the source voltage”) comprises the braking performance being reduced to a predetermined level (Kilmurray, Para. 0054-0064 – where the “BBW system” is configured to, in response to a system fault, “providing brake boost w/ power conservation” such that brake pressure is limited to a “partial-boost mode”).
In regards to Claim 20, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 15, and Kilmurray further teaches wherein the control method further comprises outputting a warning signal (Kilmurray, Para. 0032 – a “vehicle status signal” to indicate a limited operating mode invoked by a fault in the system) when the actual energy level of the electric power source is lower than a warning threshold, the warning threshold being higher than the predetermined threshold (Kilmurray, Para. 0041 and 0054-0057 – where a limited operating mode titled “Degraded 0 driving mode” is activated when “one or more excessive operating conditions” are detected, where this mode “invokes various driver alerts without limiting the speed of the vehicle”; where one of the tests that dictates operating modes is a “vehicle power diagnostic tests”).
In regards to Claim 21, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 15, and Kilmurray further teaches wherein the control method further comprises carrying out automatic stopping when the actual energy level of the electric power source is lower than an automatic stopping threshold, the automatic stopping threshold being lower than the predetermined threshold (Kilmurray, Para. 0063-0064 – where if “the amount of vehicle power is less than or equal to a threshold for continued manual vehicle operation” then the vehicle control module activates a “forced coast-down procedure” to “command the vehicle shut down module 308 to apply the electronic parking brake such that the vehicle 100 is immobilized or maintained in a stationary state”).
In regards to Claim 22, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 21, and Kilmurray further teaches wherein a parking brake is applied after the automatic stopping is completed (Kilmurray, Para. 0070 – “When the vehicle becomes stationary at operation 420, the electronic parking brake is automatically applied at operation 424”).
In regards to Claim 23, Kilmurray in view of Nilsson and Onoue teaches the control method of Claim 15, and Kilmurray further teaches wherein the braking performance comprises braking force and/or braking response time (Kilmurray, Para. 0005 – where a “brake assembly is coupled to the wheel, and is configured to adjust a braking force applied”).
In regards to Claim 24, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 15, and Kilmurray in view of Nilsson and Onoue further teaches wherein the adjusting braking performance of the electric brake device according to an actual energy level of the electric power source comprises reducing braking performance of the electric brake device powered by any one of the electric power sources (Nilsson, Para. 0060-0061 and 0078 – where two brake devices 7A and 7B are supplied with power by “a power supply circuit 8A, 8B” each having “a capacitor-based power source 9A, 9B”, such that there is a plurality of electric source) whose actual energy level is lower than the predetermined threshold or reducing braking performance of all of the electric brake devices where the at least one electric brake device includes a plurality of electric brake devices when the actual energy level of any one of the electric power sources is lower than the predetermined threshold (Kilmurray, Para. 0022-0025, 0054-0064 – where the “BBW system” including the plurality of brake assemblies 160a-106d, “is configured to control the brake assembly”, and where brake assemblies of the BBW system are “configured to adjust a braking force applied” in response to a system fault, such as “vehicle power” below a threshold, for example “providing brake boost w/ power conservation” such that brake pressure is limited; where “power electronics, such as battery sub-systems of the vehicle” supply power to BBW system; Nilsson, Para. 0092 – where it is determined if “the energy level in one capacitor-based power source 9 falls below a threshold” of the plurality of power sources 9a and 9b).
In regards to Claim 25, Kilmurray in view of Nilsson teaches the control method of Claim 15, and Kilmurray further teaches wherein the electromechanical brake system comprises an ECU (Kilmurray, Para. 0033-0034 – a “BBW controller” which sends signals and communicates with the BBW system, acting as an electronic control unit (ECU) for the BBW system), the control method comprises adjusting, by the ECU, braking performance of the electric brake device based on the received braking demand (Kilmurray, Para. 0005 – the “BBW system is configured to control the brake assembly in response to a braking request”; where BBW controller receives inputs from the assembly and will “generate commands and/or currents that drive the brake actuators”) and the actual energy level of the electric power source (Kilmurray, Para. 0054-0064 – where degraded driving modes are activated based on system faults, such as when vehicle power is “less than or equal to a threshold”; degraded driving modes include “providing brake boost w/ power conservation” such that brake pressure is limited).
In regards to Claim 26, Kilmurray in view of Nilsson and Onoue teaches the control method of Claim 1, and Kilmurray further teaches wherein the electromechanical brake system comprises an axle control unit corresponding to an axle (Kilmurray, See Fig. 1 and Para. 0016-0022 – where there is a first and second axle with brake assemblies, or axle control units, located on the axles; where the brake assemblies are included in the brake-by-wire (BBW) system), each axle control unit controlling electric brake devices at both ends of the axle, the control method comprises adjusting, by the axle control unit, braking performance of the electric brake device (Kilmurray, See Fig. 1 Below and Para. 0022 – where the brake assemblies, which are part of the BBW system, “can control braking torque to the wheels” and can “slow or stop a motion of the vehicle”) based on the received braking demand and the actual energy level of the electric power source (Kilmurray, Para. 0005, 0022, 0054-0064 – where the “BBW system” including the brake assemblies, or axle control units, “is configured to control the brake assembly in response to a braking request”, and where brake assemblies of the BBW system are “configured to adjust a braking force applied” in response to a system fault, such as low “vehicle power”; for example “providing brake boost w/ power conservation” such that brake pressure is limited).
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Kilmurray, Annotated Fig. 1
In regards to Claim 27, Kilmurray in view of Nilsson and Onoue teaches the control method of Claim 15, and Kilmurray further teaches wherein the electric power source comprises a capacitor-based power source and/or a battery (Kilmurray, Para. 0025 – where the brake-by-wire system “can utilize and distribute electrical power from power electronics, such as battery sub-systems”).
Regarding Claim 28, Kilmurray teaches: A computer readable medium with computer instructions or control logic stored thereon that, when executed by a processor (Kilmurray, Para. 0081 – “a non-transitory machine-readable storage medium readable by a processing circuit and storing instructions for execution by the processing circuit for performing a method”), implement the steps of a control method of an electromechanical brake system (Kilmurray, Para. 0002, 0005, and 0007 – a method of controlling a vehicle including “a brake assembly, a brake-by-wire (BBW) system” where BBW systems are “referred to as an electronic braking system (EBS)”) comprising
an electric power source (Kilmurray, Para. 0025 and 0053 – where the brake-by-wire system “can utilize and distribute electrical power from power electronics”; where the power electronics are “responsible for powering the various components in the brake assemblies 160a-160d”) and at least one electric brake device powered by the electric power source to generate a braking force responsive to a braking demand (Kilmurray, Para. 0005 and 0025 – where the “BBW system is configured to control the brake assembly in response to a braking request”; and the BBW system uses electrical power supplied by the power electronics), the implemented steps comprising
adjusting braking performance of the electric brake device according to an actual energy level of the electric power source (Kilmurray, Para. 0005, 0031, 0053-0064 – where brake assemblies of the BBW system are “configured to adjust a braking force applied” in response to a system fault, such as low “vehicle power” and “a faulty power supply or a fault in the power electronics”),
and wherein the electric power source is one of a plurality of electric power sources;
wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and
wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
While Kilmurray teaches the electric power source, Kilmurray does not teach wherein the electric power source is one of a plurality of electric power sources. Kilmurray does not teach wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
However, Nilsson teaches wherein the electric power source is one of a plurality of electric power sources (Nilsson, Para. 0060-0061 and 0078 – where two brake devices 7A and 7B are supplied with power by “a power supply circuit 8A, 8B” each having “a capacitor-based power source 9A, 9B”, such that there is a plurality of electric source).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the computer readable medium of Kilmurray to include wherein the electric power source is one of a plurality of electric power sources, as taught by Nilsson, in order to have a plurality of power sources such that if one power source were to fail, the other would be able to compensate for the faulty one.
Kilmurray in view of Nilsson does not teach wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold.
However, Onoue teaches wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold (Onoue, Para. 0013 and 0020 – a “braking force generating mechanism is configured to reduce the braking force when the charge state of the main power supply becomes equal to or lower than a threshold value”; where the brake device is a “brake-by-wire mechanism”, or electric brake), and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold (Onoue, Para. 0011-0013, 0022, 0039-0040 – where the “braking force generating mechanism” can “induce an increase in the occupant's pedal force by generating a reaction force of a predetermined value or more on the brake pedal” to ensure “the braking force of each wheel”, “even if the braking force generating mechanism reduces the braking force when the state of charge of the main power supply falls below a threshold”, such that braking force is increased, rather than reduced, in order to provide the required braking force, or demand, for example to maintain a stopped state on a gradient based on a predetermined value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the computer readable medium including the above limitations of Kilmurray in view of Nilsson to include wherein the electromechanical brake system is configured to reduce braking performance of the electric brake device when the actual energy level of the electric power source is lower than a predetermined threshold, and wherein the electromechanical brake system is configured to stop reducing the braking performance of the electric brake device when braking demand is higher than a predetermined emergency threshold, as taught by Onoue, in order to limit the amount of energy used by the brake system when there is not enough available electric power while maintaining a braking demand for specific situations.
In regards to Claim 29, Kilmurray in view of Nilsson and Onoue teaches the electromechanical brake system of Claim 11, and Kilmurray further teaches wherein the actual energy level is a remaining useful amount of energy of the electrical power source (Kilmurray, Para. 0005, 0031, 0053-0064 – “adjust a braking force applied” in response to a system fault, such as low “vehicle power” and “a faulty power supply or a fault in the power electronics”; for example a degraded driving mode activated based on “system conditions such as battery state of charge, battery voltage, battery capacity”; Onoue, Para. 0013 and 0020 – a “braking force generating mechanism is configured to reduce the braking force when the charge state of the main power supply becomes equal to or lower than a threshold value”).
In regards to Claim 30, Kilmurray in view of Nilsson and Onoue teaches the control method of Claim 15, and Kilmurray in view of Nilsson and Onoue further teaches wherein the actual energy level is a remaining useful amount of energy of the electrical power source (Kilmurray, Para. 0005, 0031, 0053-0064 – “adjust a braking force applied” in response to a system fault, such as low “vehicle power” and “a faulty power supply or a fault in the power electronics”; for example a degraded driving mode activated based on “system conditions such as battery state of charge, battery voltage, battery capacity”; Onoue, Para. 0013 and 0020 – a “braking force generating mechanism is configured to reduce the braking force when the charge state of the main power supply becomes equal to or lower than a threshold value”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Suzuki, et al. (U.S. Patent Application Pub. No. 2020/0189398) teaches a control apparatus including a power limit portion configured to reduce the regenerative braking force based on a power limit on a power source.
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/H.L./Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665