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 with respect to the rejection of claims 1-5, 7-11, and 13-15 under 35 U.S.C 103 have been fully considered but they are not persuasive.
Specifically, it is challenged that Noriaki fails to disclose using the paddle shifter as an operating member for the requesting stopping of the vehicle and the limitation of “determining that the vehicle stop request is generated when a manipulation of the paddle shifter for braking is continuously performed for a preset time or more,” as required by amended claim 1. It is further contended that Noriaki only uses the paddle for shift ratio, or regenerative force adjustment and that the stop (hold) function is initiated only by brake pedal operation, or accelerator pedal position. The examiner has carefully considered applicant’s arguments and respectfully disagrees.
To begin, the examiner would like to note that the claim language does not require that the paddle shifter to explicitly issue a “stop request” as the claim recites, “decelerating a vehicle to a first speed by using regenerative braking…a stop request is generated by manipulation of a paddle shifter adjusting shift operation or braking force of the regenerative braking,” which merely requires the system determine that the stop request has been generated based on the continuous manipulation of the paddle shifter used for braking. Contrary to the argument, Noriaki discloses that the paddle directly adjusts the effect degree of the braking force of the vehicle (see at least ¶¶ [0025]-[0027]) and since regenerative braking is a braking mechanism in hybrid/electric vehicles, Noriaki clearly teachers that the paddle Is used as a braking force input, not merely a shift selector. The examiner interprets the manipulation of the paddle to increase braking inherently representative of requesting increased breaking which affects the vehicle stop sequence.
With respect to the “preset time” condition associated with paddle operation required by amended claim 1, Noriaki explicitly teaches time-dependent activation of stop-related braking control. The disclosure suggests that the stop-hold control logic is time dependent on an elapse of preset time (¶¶ [0067], Fig.6-7). As such, the examiner respectfully disagrees and the rejection is maintained.
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.
4. 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.
6. Claims 1, 3-5, 7, 9-11, 13, and 15 are rejected under 35 U.S.C 103 as being unpatentable over in view of Suzuki Noriaki et al. (US2020101948A1), hereinafter referred to as Noriaki, in view of Nishikawa Kazuhisa et al. (JP2019172111A), hereinafter referred to as Kazuhisa in further view of Ikedaya Hisakazu (US2016059857A1), hereinafter referred to as Hisakazu.
Regarding claim 1, Noriaki discloses: a method of controlling vehicle braking (see at least Noriaki ¶¶ [0004]-[0005]), the method comprising:
maintaining a stopped state of the vehicle by automatic vehicle hold control when the vehicle is stopped (see at least Noriaki, ¶¶ [0030] discloses the automatic brake hold function in the case a vehicle is stopped, [0072])
starting automatic vehicle hold control when the stopped state of the vehicle is maintained for a preset time or more in stopping the vehicle (see at least Noriaki, ¶¶ [0022] which discloses the system of a brake pedal and senor that detects the depression amount (referred to as “BP”) and supplies it to the control device; [0030]-[0033] discloses the automatic brake hold function initiated by a stopped state; [0067] discloses an instance of stop state being held after an elapse of predetermined time of execution via one-pedal function or paddle shifters)
determining that the vehicle stop request is generated when a manipulation of the paddle shifter for braking is continuously performed for a preset time or more (see at least Noriaki, Fig.6-7 which discloses timing charts depicting the operation of the control device; ¶¶ [0025]-[0027], [0033] discloses the determination of automatic brake hold function via the execution of the paddle shift function, [0067] discloses an instance of stop state being held after an elapse of predetermined time of execution via one-pedal function or paddle shifters, [0027] discloses a stop state being possible via one-pedal or paddle shifter, but both cannot be activated simultaneously)
Noriaki is silent on, however, in the same field of endeavor, Kazuhisa teaches: stopping the vehicle by using hydraulic braking when the vehicle is decelerated to the first speed (see at least Kazuhisa, ¶¶ [0023]-[0024])
It would have been obvious to a person of ordinary skill in the art to modify Noriaki to include stopping the vehicle by using hydraulic braking when the vehicle is decelerated to the first speed as taught by Kazuhisa. The braking elements of Noriaki and Kazuhisa merely performs the same function separately, however Noriaki relies mainly on regenerative braking while Kazuhisa switches between regenerative and hydraulic braking. One of ordinary skill in the art would have recognized that the results of stopping the vehicle using a combination of such were predictable. Integrating the elements of Kazuhisa into Noriaki would allow for braking efficiency that prevents the deceleration of the vehicle from becoming larger than expected due to poor accuracy of regenerative brakes.
Modified Noriaki is silent on, however in the same field of endeavor, Hisakazu further teaches: decelerating a vehicle to a first speed by using regenerative braking when a vehicle stop request is generated by a manipulation of a paddle shifter adjusting shift operation or braking force of the regenerative braking (see at least Hisakazu, ¶¶ [0064], [0095]-[0096] which discloses the operation of the paddle shifter which activates a first operation to generate a first regenerative braking power to decelerate a vehicle)
It would have been obvious to a person of ordinary skill in the art to further alter modified Noriaki to include decelerating a vehicle to a first speed by using regenerative braking when a vehicle stop request is generated by a manipulation of a paddle shifter adjusting shift operation or braking force of the regenerative braking. Doing so would allow for the base device of modified Noriaki to achieve a similar result as a comparable device that enhances elements such as vehicle efficiency and driver engagement. The driver is given more autonomy with direct control over deceleration and is additionally offered a more dynamic driving experience.
Regarding claim 3, Noriaki discloses:
The method of claim 1, wherein the first speed is in a range of 0 kph or more and 3 kph or less (see at least Noriaki, ¶¶ [0025], [0072])
Regarding claim 4, Noriaki discloses: the method of claim 1, further comprising: releasing the automatic vehicle hold control when an event, which satisfies a condition for releasing the automatic vehicle hold control, occurs while the stopped state of the vehicle is maintained by the automatic vehicle hold control (see at least Noriaki, ¶¶ [0030] discloses the automatic brake hold function in the case a vehicle is stopped and the conditions for releasing it)
Regarding claim 5, Noriaki discloses: the method of claim 4, wherein the event, which satisfies the condition for releasing the automatic vehicle hold control, is generated as an accelerator pedal of the vehicle is manipulated (see at least Noriaki, ¶¶ [0030] discloses the condition of an accelerator pedal being depressed to cancel the stop state of the automatic brake hold function)
Regarding claim 7, Noriaki discloses: a vehicle (see at least Noriaki, Fig.1, Item 100, “vehicle”) comprising:
a paddle shifter provided on a steering wheel (see at least Noriaki, Fig.1, Item 158, “paddle,” Item 163, “paddle switch”)
a motor configured to generate a braking force by regenerative braking (see at least Noriaki, Fig.1, Item 151, “motor” ¶¶ [0019]-[0020])
a controller (see at least Noriaki, Fig.1, Item 110, “control device”) configured to:
maintain a stopped state of the vehicle by automatic vehicle hold control when the vehicle is stopped (see at least Noriaki, ¶¶ [0030] discloses the automatic brake hold function in the case a vehicle is stopped, [0072])
a hydraulic brake configured to generate a braking force by hydraulic braking (see at least Kazuhisa, ¶¶ [0021]-[0024])
stop the vehicle by using the hydraulic braking of the hydraulic brake when the vehicle is decelerated to the first speed (see at least Kazuhisa, ¶¶ [0021]-[0024])
start the automatic vehicle hold control when the stopped state of the vehicle is maintained for a preset time or more in stopping the vehicle (see at least Noriaki, ¶¶ [0022] which discloses the system of a brake pedal and senor that detects the depression amount (referred to as “BP”) and supplies it to the control device; [0030]-[0033] discloses the automatic brake hold function initiated by a stopped state; [0067] discloses an instance of stop state being held after an elapse of predetermined time of execution via one-pedal function or paddle shifters)
Modified Noriaki is silent on, however, in the same field of endeavor Hisakazu further teaches: decelerating a vehicle to a first speed by using regenerative braking of a motor when a vehicle stop request is generated by a manipulation of a paddle shifter adjusting shift operation or braking force of the regenerative braking (see at least Hisakazu, ¶¶ [0064], [0095]-[0096] which discloses the operation of the paddle shifter which activates a first operation to generate a first regenerative braking power to decelerate a vehicle)
It would have been obvious to a person of ordinary skill in the art to further alter modified Noriaki to include decelerating a vehicle to a first speed by using regenerative braking when a vehicle stop request is generated by a manipulation of a paddle shifter adjusting shift operation or braking force of the regenerative braking. Doing so would allow for the base device of modified Noriaki to achieve a similar result as a comparable device that enhances elements such as vehicle efficiency and driver engagement. The driver is given more autonomy with direct control over deceleration and is additionally offered a more dynamic driving experience.
Regarding claim 8, Noriaki discloses: the vehicle of claim 7, wherein the controller is further configured to determine that the vehicle stop request is generated when the manipulation of the paddle shifter for braking is continuously performed for a preset time or more (see at least Noriaki, ¶¶ [0033] discloses the determination of automatic brake hold function via the execution of the paddle shift function, [0067] discloses an instance of stop state being held after an elapse of predetermined time of execution via one-pedal function or paddle shifters, [0027] discloses a stop state being possible via one-pedal or paddle shifter, but both cannot be activated simultaneously)
Regarding claim 9, Noriaki discloses: the vehicle of claim 7, wherein the controller is further configured to set the first speed to be in a range of 0 kph or more and 3 kph or less (see at least Noriaki, ¶¶ [0025], [0072])
Regarding claim 10, Noriaki discloses: the vehicle of claim 7, wherein the controller is further configured to release the automatic vehicle hold control when an event, which satisfies a condition for releasing the automatic vehicle hold control, occurs while the stopped state of the vehicle is maintained by the automatic vehicle hold control (see at least Noriaki, ¶¶ [0030] discloses the automatic brake hold function in the case a vehicle is stopped and the conditions for releasing it)
Regarding claim 11, Noriaki discloses: the vehicle of claim 10, wherein the event, which satisfies the condition for releasing the automatic vehicle hold control, is generated as an accelerator pedal of the vehicle is manipulated (see at least Noriaki, ¶¶ [0030] discloses the condition of an accelerator pedal being depressed to cancel the stop state of the automatic brake hold function)
Regarding claim 13, modified Noriaki discloses: a method of controlling a vehicle, the method comprising:
maintaining a stopped state of the vehicle by automatic vehicle hold control when the vehicle is stopped; and releasing the automatic vehicle hold control (see at least Noriaki, ¶¶ [0030] discloses the automatic brake hold function in the case a vehicle is stopped, [0072])
accelerating the vehicle when an accelerator pedal is manipulated to accelerate the vehicle while the stopped state of the vehicle is maintained by the automatic vehicle hold control (see at least Noriaki, ¶¶ [0021] which discloses function of execution via the accelerator pedal, [0030])
stopping the vehicle by using hydraulic braking of a hydraulic brake when the vehicle is decelerated to the first speed (see at least Kazuhisa, ¶¶ [0023]-[0024])
starting automatic vehicle hold control when the stopped state of the vehicle is maintained for a preset time or more in stopping the vehicle (see at least Noriaki, ¶¶ [0022] which discloses the system of a brake pedal and senor that detects the depression amount (referred to as “BP”) and supplies it to the control device; [0030]-[0033] discloses the automatic brake hold function initiated by a stopped state; [0067] discloses an instance of stop state being held after an elapse of predetermined time of execution via one-pedal function or paddle shifters)
Modified Noriaki is silent on, however, in the same field of endeavor, Hisakazu further teaches: decelerating a vehicle to a first speed by using regenerative braking of a motor when a vehicle stop request is generated by a manipulation of a paddle shifter adjusting shift operation or braking force of the regenerative braking (see at least Hisakazu, ¶¶ [0064], [0095]-[0096] which discloses the operation of the paddle shifter which activates a first operation to generate a first regenerative braking power to decelerate a vehicle)
It would have been obvious to a person of ordinary skill in the art to further alter modified Noriaki to include decelerating a vehicle to a first speed by using regenerative braking when a vehicle stop request is generated by a manipulation of a paddle shifter adjusting shift operation or braking force of the regenerative braking. Doing so would allow for the base device of modified Noriaki to achieve a similar result as a comparable device that enhances elements such as vehicle efficiency and driver engagement. The driver is given more autonomy with direct control over deceleration and is additionally offered a more dynamic driving experience.
Regarding claim 15, Noriaki discloses: the method of claim 13, wherein the first speed is in a range of 0 kph or more and 3 kph or less (see at least Noriaki, ¶¶ [0025], [0072])
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 8:00 am - 4:00 pm, 6:00-8:00 pm (+ with flex).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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.
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/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664