DETAILED ACTION
Application Status
Claims 1-4, 6-8, 10, 13, 16, 18, 26-31, 33, 35-36, 38, 43-50 are pending and have been examined in this application.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 08/03/2023 and 04/11/2024 have been reviewed and considered.
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 .
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 61/146,277, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Provisional application No. 61/146,277 is directed towards a cryogenic fluid generator while the present invention is directed towards a steer-by-wire system. It appears that the applicant intended to claim priority to provisional application No. 63/146,277.
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 16 and 27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
Claim 16 claims, “the signal from the position sensor includes a measurement of an angular position of the shaft” and depends from claim 10 which claims, “two or more position sensors”. Accordingly, it is unclear if claim 16 is intended to encompass a single or a plurality of position sensors.
Claim 27 claims, “the microcontroller is capable of communicating a command to the motor to return-to-center in the absence of an input from the position sensor”. It is unclear how the microcontroller can communicate a return-to-center command in the absence o input from the position sensor, as input from the position sensor would be required for determining whether or not the motor is in a centered position. In accordance with what is disclosed in paragraphs [0051]-[0052], it appears that the microcontroller is capable of communicating a command to the motor to return-to-center in the absence of an input from an operator.
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, 3, 4, 6, 10, 16, 18, 26-27, 29, 31, 33, 35, 38, 43-45, and 47-48 rejected under 35 U.S.C. 103 as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20160152259 A1).
With respect to claim 1, Stout discloses: A steer-by-wire system ("steer-by-wire", paragraph [0002]) providing a steering response, the system comprising: a brake (110, Fig. 1); a motor (114) coupled in-line with the brake; a shaft (115) coupled to the brake and/or the motor; at least one position sensor (113) capable of providing an angular position of the shaft; at least one microcontroller (116) capable of providing input to at least one of the motor and the brake to create the steering response (see "outputs of the steering wheel controller", paragraph [0023]), wherein the brake, the motor and the position sensor are in electronic communication with the microcontroller (see paragraph [0023]).
Regarding the limitation, “at least one position sensor capable of providing an angular position of the shaft”, Stout discloses that the position sensor (113) senses a steering wheel angle (see paragraph [0022]). Since the rotational angle of a steering wheel correlates to the rotational position of a steering shaft in an automotive steering system, the sensor is considered to be capable of providing an angular position of the shaft.
Stout is silent in teaching: a motor housing, the motor being disposed within the motor housing, a brake housing, and the motor housing being secured to the brake housing.
Donetti discloses: a steer-by-wire system ("steering by wire system", paragraph [0022]) providing a steering response, the system comprising: a brake (43, Fig. 3) located within a brake housing (48; also see paragraph [0038]); a motor (8) coupled in-line with the brake, the motor located within a motor housing (18; also see paragraph [0027]) and the motor housing secured to the brake housing;
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti to arrive at the claimed invention and to provide the brake and motor in a compact arrangement. Such a person would have been further motivated to provide housings to prevent the ingress of dirt and debris into the motor and the brake.
With respect to claim 3, Stout in view of Donetti as modified above discloses: The steer-by-wire system of claim 1, wherein the brake is a TFD brake (Stout; see “steering feel”, paragraph [0025]), a drum brake, a disk brake, a friction brake, or an electromagnetic brake.
With respect to claim 4, Stout in view of Donetti discloses: The steer-by-wire system of claim 1, wherein the brake is a TFD brake (Stout; see “steering feel”, paragraph [0025]) which includes magnetorheological fluid (MR fluid) (see “magnetorheological”, abstract) or magnetically responsive powder (MR powder, the TFD brake provides a variable resistive torque (see “variable damper assistance”, paragraph [0002]; also see Fig. 6) and is capable of providing an end stop torque (see “emulates mechanical stop feature”, paragraph [0064]).
With respect to claim 6, Stout in view of Donelli discloses: the steer-by-wires system of claim 1, wherein at least a portion (Stout; 3, Fig. 3) of the motor (8) is positioned within the brake housing (18).
Note, steering column 3 is considered to be a "portion of the motor" because in the embodiment illustrated in Fig. 3, the steering column acts as an output shaft of the motor (see paragraph [0034]).
With respect to claim 10, Stout in view of Donetti discloses: the steer-by wire system of claim 1, but is silent in teaching more than one position sensors.
The steer-by-wire system disclosed by Donetti does comprise two or more position sensors (10/11). Donetti further discloses that the second position sensor is redundant with respect to the first position sensor (see paragraph [0013]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout further in view of Donetti to arrive at the claimed invention and to provide a redundant position sensor to act as a back-up in the event that one position sensor fails.
With respect to claim 16, Stout in view of Donetti discloses: the steer-by-wire system of claim 10, wherein the signal from the position sensor (Donetti; 10, Fig. 1) includes a measurement of an angular position of the shaft (See paragraph [0025]).
With respect to claim 18, Stout in view of Donetti discloses: the steer-by-wire system of claim 1, further comprising at least one amplifier (Stout; 124, Fig. 1) capable of transmitting a variable current through at least one winding coil of the motor (see paragraph [0029]).
With respect to claim 26, Stout in view of Donetti discloses: the steer-by-wire system of claim 1, wherein the microcontroller is capable of providing a variable tactile feel (Stout; see “adjustable steering feel”, paragraph [0013]).
With respect to claim 27, Stout in view of Donetti discloses: the steer-by-wire system of claim 26, wherein the microcontroller (Stout; 116, Fig. 1) is capable of communicating a command to the motor to return-to-center (see “returnability of the steering wheel”, paragraph [0056]) in the absence of an input from a position sensor (see Donetti; paragraph [0042]). Note, in the absence of position sensor 10, the steering system disclosed by Donetti would be capable of sending a return-to-center command using redundant position sensor (11) and in the absence of input from position sensor (10).
Further note, Stout discloses returning the motor to a center position in the absence of input from a vehicle operator (see “when the drive releases the steering wheel…”, paragraph [0056]).
With respect to claim 29, Stout in view of Donelli discloses: the steer-by-wire system of claim 26, wherein the microcontroller (Stout; 116, Fig. 1) is capable of communicating a command to the motor (114) to control the angular position of the shaft (see paragraph [00056]).
With respect to claim 31, Stout in view of Donetti discloses: The steer-by-wire system of claim 26, wherein the microcontroller (Stout; 116, Fig. 1) includes programming suitable for providing a command input to the brake, the command input producing a braking action that replicates an end of travel stop (see “emulates mechanical stop feature”, paragraph [0064]), a normal operation (see “when the driver turns the steering wheel…”, paragraph [0036]), and/or a resistive force (“viscous torque”, paragraph [0025]) corresponding to an action associated with the steering response.
With respect to claim 33, Stout in view of Donetti discloses: the steer-by-wire system of claim 1, wherein the steer-by-wire system does not include a gear pack between the at least one position sensor (Stout; 113, Fig. 1) and the shaft (115) coupled to the brake (110) and/or motor (114).
With respect to claim 35, Stout in view of Donetti discloses: the steer-by-wire system of claim 1, wherein the microcontroller (Stout; 116, Fig. 1) is able to measure and process angular position measurements communicated from the position sensor (see paragraph [0023]).
With respect to claim 38, Stout in view of Donetti discloses: the steer-by-wire system of claim 1 but is silent in teaching that the motor is capable of providing a force that exceeds an off-state brake torque level between about 0.01% and about 25.0% of a maximum possible resistive brake torque for the brake. However; before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary sill in the art to further modify Stout in view of Donetti by providing a motor with the claimed performance characteristics. Such a person would have been motivated to select such a motor to provide a motor capable of providing adequate torque for the system. Further note, Stout discloses, “virtually any motor can be used as long as it meets the motor's performance requirements”.
With respect to claim 43, Stout discloses: A method of providing a steering response in a vehicle, the method comprising: an operator driving the vehicle; the driving including the operator steering a vehicle steering system, the vehicle steering system having a steer-by-wire system that is capable of providing the steering response, the steer-by-wire system including: a brake (110, Fig. 2) located within a brake housing; a motor (111) coupled in-line with the brake, the motor located within a motor housing and the motor housing secured to the brake housing; a shaft (115) coupled to the brake or the motor; at least one position sensor (113) capable of generating and providing an angular position signal of the shaft; at least one microcontroller (118) capable of providing input to the motor and the brake to create the steering response, wherein the brake, the motor and the position sensor are in electronic communication with the at least one microcontroller (see paragraph [0023]); rotating the shaft by the operator providing at least one steering input to the vehicle steering system; translating the at least one steering input into an electronic steering command with the steer-by-wire system; communicating an angular position of the shaft to a steering controller from the at least one microcontroller (see paragraphs [0039]-[0044]]); providing a semi-active tactile feedback to the operator, the semi-active tactile feedback creating the steering response which simulates a direct linkage steering system (see "will feel the change…", paragraph [0036]).
Stout is silent in teaching: a motor housing, the motor being disposed within the motor housing, a brake housing, and the motor housing being secured to the brake housing.
Donetti discloses: a steer-by-wire system ("steering by wire system", paragraph [0022]) providing a steering response, the system comprising: a brake (43, Fig. 3) located within a brake housing (48; also see paragraph [0038]); a motor (8) coupled in-line with the brake, the motor located within a motor housing (18; also see paragraph [0027]) and the motor housing secured to the brake housing;
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti to arrive at the claimed arrangement and to provide the brake and motor in a compact arrangement. Such a person would have been further motivated to provide housings to prevent the ingress of dirt and debris into the motor and the brake.
With respect to claim 44, Stout in view of Donetti discloses: he method of claim 43, wherein the steering response include is capable of providing a plurality of electronic steering commands selected from the group consisting of: an end stop control (Stout; see “stop feature”, paragraph [0064]), a resistive torque, a return-to-center (see “returnability”, paragraph [0056]), at least one deviation warning, traction feel, wheel slip feel, on center feel, and a steering synchronization.
With respect to claim 45, Stout in view of Donetti discloses: The method of claim 43, wherein the semi-active tactile feedback is based on combination of a steering sensor position, a steering velocity, a steering acceleration, or a digital input (Stout; 120/121, Fig. 1; also see paragraphs [0027]-[0029]) from the steering controller (116).
With respect to claim 47, Stout in view of Donetti discloses: the method of claim 43, wherein the step of rotating the shaft further comprises measuring the operator's at least one steering input via the shaft by the position sensor (Stout; 113, Fig. 1), the position sensor communicating a position signal to the at least one microcontroller or the steering controller (116, Fig. 1), the at least one microcontroller providing the semi-active tactile feedback to the operator through the brake and/or the motor (see paragraph [0036]).
With respect to claim 48, Stout in view of Donetti discloses: the method of claim 43, further comprising returning the shaft to a center position (see “returnability”, paragraph [0056]) when the at least one position sensor detects no change in at least one steering input from the operator (“when the driver releases the steering wheel”, paragraph [0056]) during a manufacturer selected interval.
Claim 2 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20030121713 A1) as applied to claim 1 above, and further in view of Jiang (CN 108407887 A).
With respect to claim 2, Stout in view of Donetti as modified above discloses: the steer-by-wire system of claim 1 but is silent in teaching a second microcontroller, wherein one of the at least two microcontrollers provide control to the brake and one of the at least two microcontrollers provides control to the motor.
Jiang discloses a steering feel feedback system (see “steering wheel feedback”, paragraph [0004]) comprising a motor (9, Fig. 1) and a brake (5) and at least two microcontrollers (27/29), wherein one of the at least two microcontrollers provide control to the brake (see “magnetorheological fluid controller 29”, paragraph [0035]) and one of the at least two microcontrollers provide control to the motor (see “motor controller”, paragraph [0035]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti in further view of Jiang to arrive at the claimed invention. Such a modification would be considered obvious because it is a simple substitution of one known element (the combined motor/brake controller disclosed by Donetti) for another known element (the split motor/brake controllers) disclosed by Jiang to achieve predictable results. Since both the combined controller, and the split controllers are used to control similar devices for similar reasons, such a person would expect that the use of split controllers would not change operation of the device. Such a person would have been motivated to make the modification to allow either the motor or the brake to continue to operate independently of the other in the event that one of the controllers fails.
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20030121713 A1) as applied to claim 10 above, and further in view of Granig (US 20100050731 A1).
With respect to claim 13, Stout in view of Donetti discloses: the steer-by-wire system of claim 10 but is silent regarding a margin of error with respect to the position sensors.
Granig discloses a position sensor (32, Fig. 1) that is capable of providing a shaft position within a margin of error between -5° to +5° (see paragraph [0028]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti in further view of Granig to provide a position sensor capable of providing a shaft position within the claimed range to ensure that accurate steering data is fed to the controller.
Claim 28 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20030121713 A1) as applied to claim 26 above, and further in view of Bratina (WO 2020104510 A1).
With respect to claim 28, Stout in view of Donetti as modified above discloses: the steer-by-wire system of claim 26, wherein the microcontroller (Stout; 116, Fig. 1) is capable of communicating a command to the motor to return-to-center (see “returnability of the steering wheel”, paragraph [0056]) in the absence of a motion but is silent regarding a “contactless position sensor”.
Bratina discloses a steering system (see paragraph [0001]) comprising a contactless position sensor (see paragraph [0051]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti in further view of Bratina to provide a contactless position sensor to arrive at the claimed invention and to increase the lifespan of the sensor by eliminating wear due to friction.
Claim 30 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20030121713 A1) as applied to claim 26 above, and further in view of Miura (US 20170232889 A1).
With respect to claim 30, Stout in view of Donetti as modified above discloses: the steer-by-wire system of claim 26 but is silent in teaching that the microcontroller is capable of communicating a command to the motor to introduce a warning command to the shaft causing the shaft to vibrate or dither.
Miura discloses a steer-by-wire system comprising a motor (18, Fig. 1) and a microcontroller (ECU) capable of communicating a command to the motor to introduce a warning command to the shaft causing the shaft to vibrate or dither (see paragraph [0050]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti in further view of Miura to arrive at the claimed invention and to improve the safety of the vehicle.
Claim 36 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20030121713 A1) as applied to claim 36 above, and further in view of Suzuki (US 20220255474 A1).
With respect to claim 36, Stout in view of Donetti as modified above discloses: the steer-by-wire system of claim 1, wherein the microcontroller is able to command the motor to turn in a desired direction but is silent regarding controlling the motor with a current having a phase difference for commutation. Stout discloses that the motor uses direct current (paragraph [0028]) but further discloses that any motor can be used so long as certain performance criteria are met (see paragraph [0028]).
Suzuki discloses a steer-by-wire system (“steer-by-wire”, abstract) comprising: a motor (800, Fig. 2), wherein the motor is controlled for commutation (see paragraph [0085]) with a current having a specific phase difference (see “three-phase motor”, paragraph [0085]). Note, since motor (800) is a 3-phase motor, the current used to control it would comprise three signals with a specific phase difference of 120°.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti by substituting the DC motor disclosed by Stout for the 3-phase motor disclosed by Suzuki. Such a modification would be obvious because it is a simple substitution of one known element (DC motor) for another known element (AC motor) to achieve predictable results. Since Scout discloses that any motor meeting certain performance criteria is suitable for use in the steer-by-wire system, and the motor disclosed by Suzuki is also used in a steer-by-wire system, such a person would have expected the substitution to result in a substantially similar device. Such a person would have been motivated to make the modification because AC motors are generally more cost-effective than comparable DC motors.
Claims 46 and 49 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20030121713 A1) as applied to claim 43 above, and further in view of Jiang (CN 108407887 A).
With respect to claim 46, Stout in view of Donetti discloses: the method of claim 45, wherein the semi-active tactile feedback includes constant, periodic or a variable braking torque (Stout; see “variable damper assistance”, paragraph [0002]; also see Fig. 6), but is silent in teaching that the feedback is generated by sending a current through an integrated coil.
Jiang discloses a steering feel feedback system (see “steering wheel feedback”, paragraph [0004]) comprising a magnetorheological brake (5, Fig. 1; also see “magnetorheological fluid”, paragraph [0035]) configured to provide semi-active tactile feedback by sending a signal through an integrated coil (see “first excitation coil 8”, paragraph [0036]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti in further view of Jiang to arrive at the claimed invention and to provide actuation means for the magnetorheological brake.
With respect to claim 49, Stout in view of Donetti discloses: the method of claim 43, but is silent in teaching a second microcontroller, wherein one of the at least two microcontrollers provide control to the brake and one of the at least two microcontrollers provide control to the motor.
Jiang discloses a steering feel feedback system (see “steering wheel feedback”, paragraph [0004]) comprising a motor (9, Fig. 1) and a brake (5) and at least two microcontrollers (27/29), wherein one of the at least two microcontrollers provide control to the brake (see “magnetorheological fluid controller 29”, paragraph [0035]) and one of the at least two microcontrollers provide control to the motor (see “motor controller”, paragraph [0035]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti in further view of Jiang to arrive at the claimed invention. Such a modification would be considered obvious because it is a simple substitution of one known element (the combined motor/brake controller disclosed by Donetti) for another known element (the split motor/brake controllers) disclosed by Jiang to achieve predictable results. Since both the combined controller, and the split controllers are used to control similar devices for similar reasons, such a person would expect that the use of split controllers would not change operation of the device. Such a person would have been motivated to make the modification to allow either the motor or the brake to continue to operate independently of the other in the event that one of the controllers fails.
Claim 50 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stout (US 20030121713 A1) in view of Donetti (US 20030121713 A1) as applied to claim 44 above, and further in view of Andonian (US 6557662 B1).
With respect to claim 50, Stout in view of Donetti discloses: the method of claim 4, further comprising the step of using the angular position signal from the at least one position sensor in the at least one microcontroller to calculate the required commutation signals from a brushed direct current motor (Stout; “DC brushed motor”, paragraph [0028]).
Andonian discloses a steer-by-wire system (“steer by wire”, Col. 1, L. 18) comprising a brushless DC motor (see “brushless”, Col. 1, L. 36).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Stout in view of Donetti in further view of Andonian to arrive at the claimed invention and to increase the lifespan of the motor by reducing wear due to friction.
Allowable Subject Matter
Claims 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With respect to claims 7 and 8, the closest prior art of record is Stout (US 20030121713 A1). Stout discloses: A steer-by-wire system ("steer-by-wire", paragraph [0002]) providing a steering response, the system comprising: a brake (110, Fig. 1) located within a brake housing; a motor (114) coupled in-line with the brake; a shaft (115) coupled to the brake and/or the motor; at least one position sensor (113) capable of providing an angular position of the shaft; at least one microcontroller (116) capable of providing input to at least one of the motor and the brake to create the steering response (see "outputs of the steering wheel controller", paragraph [0023]), wherein the brake, the motor and the position sensor are in electronic communication with the microcontroller (see paragraph [0023]).
Regarding claim 7, Stout fails to disclose at least: a pole ring fixedly positioned radially outward from the drum rotor forming a second gap therebetween; and a magnetically responsive (MR) material disposed within the second gap.
Regarding claim 8, Stout fails to discloses at least: the housing including a second sealed chamber, the second sealed chamber housing a brake control electronics system for controlling and monitoring an operation of the brake.
Suggestions to modify Stout to arrive at the invention as claimed in claims 7 and 8 were not reasonably found in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and discloses steer-by-wire systems in general.
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/MATTHEW D LEE/ Examiner, Art Unit 3614
/PAUL N DICKSON/ Supervisory Patent Examiner, Art Unit 3614