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 .
Claim Objections
Claims 1 and 12 are objected to because of the following informalities: in line 2 of claim 1 and line 1 of claim 12, the limitation “behaviour” appears to be misspelled and should read “behavior”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 and 12-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Ichinose et al. (US-6969126).
Regarding claim 1, Ichinose et al. discloses a method for adapting the braking behaviour of a brake (fig 7, 1) of a motor vehicle to a traffic situation, including: (i) adjusting a clearance (figs 2 and 7 ) of the brake to a value LK (fig 7, [0050], at least 102A or 102B) ; (ii) determining the traffic situation (at least a driver control); and (iii) adjusting the clearance to a value LA (102B when LK is interpreted at 102A the preset pad clearance, or [0052] at least wherein upon detection of the following distance or an obstacle position by means of a radar or the like, the clearance is closed by operating the pad position control unit 103 in advance in order to quickly respond to the braking demand of the driver) based on the determined traffic situation, where 0 < LA < LK is satisfied.
The limitation “traffic situation” has been given the broadest reasonable interpretation similar to as described in Applicant’s specification paragraph [0009] wherein a traffic situation can be a spatial and/or temporal configuration, environmental situations, traffic events, driver events, driver situations, driver command or intention, obstacles perceptible from the driver’s point of view, etc. Regarding claim 1, an interpretation of the prior art has been made wherein the traffic situation is a driver command wherein 102A (origin position) and 102B (clearance position) have been interpreted as clearances LK and LA, or another interpretation wherein the traffic situation is detection of the following distance or an obstacle position by means of a radar or the like, and the clearances LK and LA have been interpreted as 102A and the clearance is closed by operating the pad position control unit 103 in advance.
Regarding claim 2, Ichinose et al. discloses wherein the adjustment of the clearance to a value LK (102A) is carried out when the motor vehicle is at a standstill ([0027-0028], at least upon engine start or parking brake release the vehicle has been interpreted to be at a standstill) wherein the brake includes a brake lining (2) with a contact surface (21, fig 2 and 7) and a friction surface (21, 3, and figs 2 and 7) wherein adjusting the clearance to a value (102A) involves contacting the contact surface (2) with the friction surface (3) and adjusting the value LK between the contact surface and the friction surface (fig 2).
Regarding claim 3, Ichinose et al. discloses wherein the clearance is readjusted each time the motor vehicle is at a standstill ([0027-0028], at least wherein the operation in fig 2 happens each time the brake apparatus is initialized)
Regarding claim 4, Ichinose et al. discloses determining a changed traffic situation ([0052], ; and adjusting the clearance to a value LB, where 0 < LB LK is satisfied with LB not equal to LA ([0052 wherein LB has been interpreted as the closed clearance, LK has been interpreted as the origin position 102A, and LA has been interpreted as 102B the clearance position).
Regarding claim 5, Ichinose et al. discloses wherein the traffic situation includes a driving situation and/or a driver situation (fig 3, at least a driver command, or detection of the following distance or an obstacle position).
Regarding claim 6, Ichinose et al. discloses determining a changed traffic situation; and adjusting the clearance to a value LB, where 0 < LB < LA is satisfied ([0052 wherein LB has been interpreted as the closed clearance, LK has been interpreted as the origin position 102A, and LA has been interpreted as 102B the clearance position), wherein the traffic situation involves detection of a reduction in pressure exerted on an accelerator pedal of the motor vehicle, and the changed traffic situation involves detecting pressure exerted by touching or operating a brake pedal (4) of the motor vehicle (fig 3, 30).
Regarding claim 7, Ichinose et al. discloses wherein the brake is an electromechanical brake (1, linear actuator driven by motor), wherein the motor vehicle has multiple brakes ([0051], units at each wheel), wherein the clearance of each of the multiple brakes is adjusted individually or axle-by-axle ([0051, at least wherein the pad clearance for each wheel is secured by a clearance mechanism built in each pad driving unit).
Regarding claim 8, Ichinose et al. discloses the use of a control unit (10), of a driver assistance system, to provide a first control signal (101) for adjusting the clearance and a second control signal (103) for adapting the clearance to the brake (fig 7).
Regarding claim 9, Ichinose et al. discloses the use of a sensor ([0052], at least radar, and/or 87, and or 88) adapted to determine the traffic situation and provide it to the driver assistance system, wherein the sensor is adapted to detect an operating state of the brake (87/88) an operating state of a wheel provided with the brake, an operating state of an engine (ignition switch 5), and/or an action of a driver of the motor vehicle (fig 3), in particular to determine a traffic situation concerning a brake pedal (4) and/or accelerator pedal of the motor vehicle.
Regarding claim 12, Ichinose et al. discloses a system for adapting the braking behaviour of a brake of a motor vehicle to a traffic situation comprising: a brake (fig 7); a control unit (10) configured to adjust a clearance of the brake to a value LK (fig 2, fig 7, [0050], at least 102A or 102B); determine the traffic situation (at least a driver control or a detected obstacle); and adjust the clearance to a value LA based on the determined traffic situation, where 0 < LA < LK is satisfied (102B when LK is interpreted at 102A the preset pad clearance, or [0052] at least wherein upon detection of the following distance or an obstacle position by means of a radar or the like, the clearance is closed by operating the pad position control unit 103 in advance in order to quickly respond to the braking demand of the driver).
The limitation “traffic situation” has been given the broadest reasonable interpretation similar to as described in Applicant’s specification paragraph [0009] wherein a traffic situation can be a spatial and/or temporal configuration, environmental situations, traffic events, driver events, driver situations, driver command or intention, obstacles perceptible from the driver’s point of view, etc. Regarding claim 1, an interpretation of the prior art has been made wherein the traffic situation is a driver command wherein 102A (origin position) and 102B (clearance position) have been interpreted as clearances LK and LA, or another interpretation wherein the traffic situation is detection of the following distance or an obstacle position by means of a radar or the like, and the clearances LK and LA have been interpreted as 102A and the clearance is closed by operating the pad position control unit 103 in advance.
Regarding claim 13, Ichinose et al. discloses wherein the adjustment of the clearance to a value LK (102A) is carried out when the motor vehicle is at a standstill ([0027-0028], at least upon engine start or parking brake release the vehicle has been interpreted to be at a standstill) wherein the brake includes a brake lining (2) with a contact surface (21, fig 2 and 7) and a friction surface (21, 3, and figs 2 and 7) wherein adjusting the clearance to a value (102A) involves contacting the contact surface (2) with the friction surface (3) and adjusting the value LK between the contact surface and the friction surface (fig 2).
Regarding claim 14, Ichinose et al. discloses wherein the clearance is readjusted each time the motor vehicle is at a standstill ([0027-0028], at least wherein the operation in fig 2 happens each time the brake apparatus is initialized)
Regarding claim 15, Ichinose et al. discloses determining a changed traffic situation ([0052], ; and adjusting the clearance to a value LB, where 0 < LB LK is satisfied with LB not equal to LA ([0052 wherein LB has been interpreted as the closed clearance, LK has been interpreted as the origin position 102A, and LA has been interpreted as 102B the clearance position).
Regarding claim 16, Ichinose et al. discloses wherein the traffic situation includes a driving situation and/or a driver situation (fig 3, at least a driver command, or detection of the following distance or an obstacle position).
Regarding claim 17, Ichinose et al. discloses determining a changed traffic situation; and adjusting the clearance to a value LB, where 0 < LB < LA is satisfied ([0052 wherein LB has been interpreted as the closed clearance, LK has been interpreted as the origin position 102A, and LA has been interpreted as 102B the clearance position), wherein the traffic situation involves detection of a reduction in pressure exerted on an accelerator pedal of the motor vehicle, and the changed traffic situation involves detecting pressure exerted by touching or operating a brake pedal (4) of the motor vehicle (fig 3, 30).
Regarding claim 18, Ichinose et al. discloses wherein the brake is an electromechanical brake (1, linear actuator driven by motor), wherein the motor vehicle has multiple brakes ([0051], units at each wheel), wherein the clearance of each of the multiple brakes is adjusted individually or axle-by-axle ([0051, at least wherein the pad clearance for each wheel is secured by a clearance mechanism built in each pad driving unit).
Regarding claim 19, Ichinose et al. discloses the use of a control unit (10), of a driver assistance system, to provide a first control signal (101) for adjusting the clearance and a second control signal (103) for adapting the clearance to the brake (fig 7).
Regarding claim 20, Ichinose et al. discloses the use of a sensor ([0052], at least radar, and/or 87, and or 88) adapted to determine the traffic situation and provide it to the driver assistance system, wherein the sensor is adapted to detect an operating state of the brake (87/88) an operating state of a wheel provided with the brake, an operating state of an engine (ignition switch 5), and/or an action of a driver of the motor vehicle (fig 3), in particular to determine a traffic situation concerning a brake pedal (4) and/or accelerator pedal of the motor vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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/J.K.H./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616