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 .
Specification
The abstract of the disclosure is objected to for the following informalities:
It exceeds 150 words
It contains implied phrases, e.g. “is disclosed”.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim1 is objected to because of the following informalities: “braking pressure reduction slope threshold” in line 9 of the claim should be --a braking pressure reduction slope threshold--. Appropriate correction is required.
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 1-14 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 1 recites the limitation "the vehicle" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the brake pedal" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the braking assist function" in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the desired braking pressure of the driver" in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the amplification coefficient curve" in line 7 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the assist amplification coefficient" in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the moment" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the function associated with the driving stability of the vehicle" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the driving stability of the vehicle" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation " the function associated with the running stability of the vehicle" in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the running stability of the vehicle" in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim. The examiner notes that it is not clear what the applicant is considering as the running stability of the vehicle. Appropriate correction is required.
Claim 6 recites the limitation "the driver’s desired braking pressure reduction slope" in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the actual applied braking pressure reduction slope" in line 8 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the second vehicle speed threshold" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the function" in line 9 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the main brake cylinder of the main braking system" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the four brake wheel cylinders" in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites “an electric control unit, according to claim 1” in line 8 of the claim. It is not clear if the applicant is referring to the same electronic control unit or a different electronic control unit. Appropriate correction is required.
Claim 12 recites “an electric control unit according to claim 1” in line 2 of the claim. It is not clear if the applicant is referring to the same electronic control unit or a different electronic control unit. Appropriate correction is required.
Claim 12 recites “a status signal”, “a status”, “a sensor signal”, ‘a driver input condition”, “a vehicle speed condition”, “a mechanical backup”, “a corresponding one of a plurality of braking assist modes”, “a standby mode”, “a first-assist adjustable mode”, “a second-assist adjustable mode”, and “a braking pressure holding mode.” It is not clear if the applicant is referring to the same recited elements as claim 1 or different elements. Appropriate correction is required.
Claim 13 recites “when executed” in line 1 of the claim. It is not clear what the applicant is referring to as what it is executed as recited in the claim. In other words, it is not clear if storing of the instructions by the machine-readable storage medium is considering as being executed and how does the machine-readable storage medium cause one or more processors to perform the control method of claim 12. Appropriate correction is required.
Claim 14 recites the limitation "the creeping speed of the vehicle" in line 7 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 13 recites an embodiment of Applicant’s invention directed to a “machine-readable storage medium”. It is noted, however, the recitation of the medium in the specification is not exclusory with respect to non-statutory medium types, as no specific and limiting definition of “machine-readable storage medium” is provided. Thus, under the broadest reasonable interpretation, the full claim scope of " machine-readable storage medium" would include non-statutory mediums such as carrier waves.
As set forth in MPEP 2106.03(II), “A claim whose BRI covers both statutory and non-statutory embodiments embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. Such claims fail the first step (Step 1: NO) and should be rejected under 35 U.S.C. 101, for at least this reason.”. Accordingly, in the present case, the claim is directed to “software per se”, which is not patent eligible.
“The United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. 101, Aug. 24,2009; p. 2.”
The scope of “machine-readable storage medium” therefore includes signal-based mediums. A signal per se does not fall within one of the four statutory categories of invention (i.e., process, machine, manufacture, or composition of matter) because it is an ephemeral, transient signal and thus is non-statutory. Since the scope of “machine-readable storage medium" includes these non-statutory instances, claim 13 is directed to non-statutory subject matter.
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 1-6, 8, 9 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Satoshi (DE 69723971 T2).
Regarding claims 1 and 12, Satoshi discloses an electronic control unit (figs. 1-8) for a redundant vehicle braking system coupled to a main braking system of the vehicle, comprising:
the ECU (10) configured to receive a status signal indicating a status of the main braking system and a sensor signal indicating a driver input condition to the brake pedal (30; 102 in fig. 3) and a vehicle speed condition (note signal of wheel speed sensors 86; also note step 116 in fig. 3);
configured to activate the braking assist function of the redundant braking system when it is judged that the main braking system has entered a mechanical backup state based on the status signal (note steps 104, 106, 108 and 110 in fig. 3); and
configured to store a plurality of braking assist modes for implementing the braking assist function, the braking assist module configured to execute a corresponding one of said plurality of braking assist modes based on the sensor signal after the braking assist function is activated, and the braking assist module further configured to switch between a plurality of braking assist modes according in response to changes in brake pedal input conditions and changes in vehicle speed, wherein the plurality of braking assist modes comprises a standby mode (note step 102 for brake pedal stroke L in fig. 3; also note step 102 determines whether an emergency brake application of the brake pedal 30 is recorded, wherein after the ON signal from the brake switch 84 the ECU determines 10 at step 102 based on that from the hydraulic pressure sensor 40 provided signal, both whether a master cylinder pressure Pmc, which is above the reference pressure, and whether a master cylinder pressure change rate dPmc, which is above a reference change rate are detected, wherein if the result at step 102 is negative (the emergency braking operation is not recorded), the procedure ends 3 with the current pass, and the subsequent steps of the process of 3 are not executed, wherein on the other hand, if the result at step 102 is positive (the emergency braking operation is recorded), the ECU performs 10 a next step 104 the procedure of 3 out), a first-assist adjustable mode (note the flowchart in fig. 3 for explaining one of the ECU 10 the braking force control device of the 1 process performed to assess the condition for performing brake assist, wherein, the procedure of 3 is called up every time the brake pedal is pressed 30 is performed, wherein, at the beginning of the procedure for evaluating the condition for performing the brake assist, the ECU leads 10 cut 100 the procedure of 3 out, wherein, if this procedure for the first time after detecting the brake application of the brake pedal 30 is executed, all settings of flags that are used in this procedure, as well as values of parameters that are temporarily stored in this procedure, are initialized), a second-assist adjustable mode (note when the driver starts, the brake pedal 30 to release after the brake assist (BA) control is started due to the emergency braking operation, it is necessary to stop the brake assist (BA) control, wherein, in the braking force control device of the present embodiment, the ECU outputs 10 control signals to the STR during execution of the brake assist (BA) control 26 , the SA-1 46, the SA-2 48 and the SA-3 54, wherein, if the control signals from the ECU 10 to the solenoid valves 26, 46, 48 and 54 are given, the solenoid valves 26, 46, 48 and 54 set to the second positions as described above, wherein, the internal pressure chamber of the regulator is in this state 24 from the wheel cylinders 44 and the pump 12 isolated, and both the first pressure chamber 32a as well as the second pressure chamber 32b of the master cylinder 32 are from the wheel cylinders 44 and the pump 12 isolated, wherein, therefore, in the braking force control device of the present embodiment, during execution of the brake assist (BA) control, the master cylinder pressure Pmc changes in proportion to the brake operating force Fp of the brake pedal 30, by monitoring the master cylinder pressure Pmc based on that from the hydraulic pressure sensor 40 delivered signal is detected, the ECU 10 easily determine whether a brake release operation of the brake pedal 30 is carried out by the driver, wherein, if it is determined that the brake release operation is being carried out, the ECU ends 10 the sending of the control signals to the STR 26, the SA-1 46 , the SA-2 48 and the SA-3 54, thus, the brake assist (BA) control is ended and the normal control is started again), and a braking pressure holding mode (note fig. 3 shows the steps of operation of the braking assist based on the various signal status).
Re-claim 2, Satoshi discloses the activation module is further configured to not activate the braking assist function of the redundant braking system when at least one of the following conditions is satisfied: it is determined that the braking assist function of the main braking system is operating normally based on the status signal; and the vehicle speed is below a first vehicle speed threshold (note at step 100 as shown in fig. 3 is negative when the braking assist BA is not being executed, at step 106 the master cylinder pressure is compared and if negative, the BA is not being executed, if the result at step 114 is negative, it is determined that the time to start execution of the BA control has not been reached, at step 116, the vehicle speed compared and if the result is negative, the BA is not being executed).
Re-claim 3, Satoshi discloses based on the sensor signal, a corresponding one of a plurality of braking assist modes determined to be executed comprises: when the sensor signal indicates that the driver has no input to the brake pedal, the standby mode is determined to be executed, in which the braking assist module does not perform any braking assist operations (note step 102 for brake pedal stroke L in fig. 3; also note step 102 determines whether an emergency brake application of the brake pedal 30 is recorded, wherein after the ON signal from the brake switch 84 the ECU determines 10 at step 102 based on that from the hydraulic pressure sensor 40 provided signal, both whether a master cylinder pressure Pmc, which is above the reference pressure, and whether a master cylinder pressure change rate dPmc, which is above a reference change rate are detected, wherein if the result at step 102 is negative (the emergency braking operation is not recorded), the procedure ends 3 with the current pass, and the subsequent steps of the process of 3 are not executed, wherein on the other hand, if the result at step 102 is positive (the emergency braking operation is recorded), the ECU performs 10 a next step 104 the procedure of 3 out).
Re-claim 4, Satoshi discloses the corresponding one of a plurality of braking assist modes determined to be executed based on the sensor signal comprises: when the sensor signal indicates that the driver depresses the brake pedal, it is determined to execute the first-assist adjustable mode, and in the first-assist adjustable mode, the braking assist module is configured to: calculate the desired braking pressure of the driver based on the sensor signal; and adopt the amplification coefficient curve to determine the assist amplification coefficient corresponding to the desired braking pressure of the driver so that the redundant braking system can control the braking of the vehicle according to the determined assist amplification coefficient, wherein the amplification coefficient curve is predetermined and contains the correspondence between the driver’s desired braking pressure and the assist amplification coefficient (note the flowchart in fig. 3 for explaining one of the ECU 10 the braking force control device of the 1 process performed to assess the condition for performing brake assist, wherein, the procedure of 3 is called up every time the brake pedal is pressed 30 is performed, wherein, at the beginning of the procedure for evaluating the condition for performing the brake assist, the ECU leads 10 cut 100 the procedure of 3 out, wherein, if this procedure for the first time after detecting the brake application of the brake pedal 30 is executed, all settings of flags that are used in this procedure, as well as values of parameters that are temporarily stored in this procedure, are initialized).
Re-claim 5, Satoshi discloses in the first-assist adjustable mode, the braking assist module is further configured to maintain the assist amplification coefficient at a value at the moment when the function associated with the driving stability of the vehicle is activated in case that the receiving unit receives a signal indicating that the function associated with the running stability of the vehicle is activated (note fig. 7; also note the ECU determines 10 based on the slip ratio S of each of the vehicle wheels whether the conditions for executing the ABS control are satisfied, wherein if it is determined that the slip ratio S is above a reference value, it is determined that the conditions for executing the ABS control are satisfied).
Re-claim 6, Satoshi discloses the corresponding one of a plurality of braking assist modes determined to be executed based on the sensor signal comprises when the sensor signal indicates that the driver releases the brake pedal, the second-assist adjustable mode is determined to be executed, and in the second-assist adjustable mode, the braking assist module is configured to: calculate the driver’s desired braking pressure reduction slope based on the sensor signal; and determine the actual applied braking pressure reduction slope based on the driver’s desired braking pressure reduction slope and braking pressure reduction slope threshold so that the redundant braking system exits the vehicle from braking according to the determined and actually-applied braking pressure reduction slope (note when the driver starts, the brake pedal 30 to release after the brake assist (BA) control is started due to the emergency braking operation, it is necessary to stop the brake assist (BA) control, wherein, in the braking force control device of the present embodiment, the ECU outputs 10 control signals to the STR during execution of the brake assist (BA) control 26 , the SA-1 46, the SA-2 48 and the SA-3 54, wherein, if the control signals from the ECU 10 to the solenoid valves 26, 46, 48 and 54 are given, the solenoid valves 26, 46, 48 and 54 set to the second positions as described above, wherein, the internal pressure chamber of the regulator is in this state 24 from the wheel cylinders 44 and the pump 12 isolated, and both the first pressure chamber 32a as well as the second pressure chamber 32b of the master cylinder 32 are from the wheel cylinders 44 and the pump 12 isolated, wherein, therefore, in the braking force control device of the present embodiment, during execution of the brake assist (BA) control, the master cylinder pressure Pmc changes in proportion to the brake operating force Fp of the brake pedal 30, by monitoring the master cylinder pressure Pmc based on that from the hydraulic pressure sensor 40 delivered signal is detected, the ECU 10 easily determine whether a brake release operation of the brake pedal 30 is carried out by the driver, wherein, if it is determined that the brake release operation is being carried out, the ECU ends 10 the sending of the control signals to the STR 26, the SA-1 46 , the SA-2 48 and the SA-3 54, thus, the brake assist (BA) control is ended and the normal control is started again).
Re-claim 8, Satoshi discloses the corresponding one of a plurality of braking assist modes determined to be executed based on the sensor signal comprises: in case that the braking assist mode is in the first-assist adjustable mode and the vehicle speed is lower than the second vehicle speed threshold, when the function related to the driving stability of the vehicle is activated (note the ECU 10 calculates respective vehicle speeds Vwfr, Vwfl, Vwrr, and Vwrl (hereinafter, these wheel speeds are collectively referred to as wheel speeds Vw) of the vehicle wheels based on those from the wheel speed sensors 86 delivered signals, wherein, the ECU determines using a known method for estimating the vehicle speed 10 from the calculated wheel speeds Vw is an estimated vehicle speed Vso, wherein, when the braking force is applied to the vehicle by the brake application, the ECU calculates 10 from the corresponding wheel speeds Vw and the estimated vehicle speed Vso of each of the vehicle wheels, a slip ratio S according to the following equation: S = (Vso - Vw) ∈ 100 / Vso (1)), the braking pressure holding mode is determined to be executed, and in the braking pressure holding mode, the braking assist module is configured to control the redundant braking system to perform vehicle braking at a predetermined braking pressure (note the pressure hold control mode).
Re-claim 9, Satoshi discloses the braking assist unit comprises a braking assist model, the braking assist model including the plurality of braking assist modes and switching states therebetween, the switching states corresponding to changes in driver input to the brake pedal and changes in vehicle speed (note the switching states of the steps in fig. 3).
Regarding claim 11, Satoshi discloses a redundant braking system for a vehicle, comprising:
two brake circuits (fig. 1) configured to fluidly interact with two brake circuits of the vehicle’s main braking system respectively;
four valves (note the valves in fig. 1) connected between the main brake cylinder of the main braking system and the four brake wheel cylinders of the vehicle;
a motor (14) configured to generate braking assist for pumping brake fluid in the main brake cylinder into part or all of the four brake wheel cylinders; and
an electronic control unit (10), according to claim 1, electrically operating the four valves and the motor, and performing the braking assist function when the main braking system enters a mechanical backup state.
Regarding claim 13, Satoshi discloses a machine-readable storage medium storing executable instructions that, when executed, cause one or more processors to perform the control method of claim 12 (note step 104 stores a maximum rate of change (MAXdPmc) of the master cylinder pressure Pmc in a memory of the ECU 10, If at step 104 a currently detected master cylinder pressure change rate dPmc is greater than one previously in the memory of the ECU 10 stored maximum change rate (MAXdPmc) of the master cylinder pressure Pmc, the previously stored maximum change rate MAXdPmc is updated by the currently detected master cylinder pressure change rate dPmc, and the updated maximum change rate becomes current in the memory of the ECU 10 saved if the currently detected master cylinder pressure change rate dPmc is not greater than the previously stored maximum change rate MAXdPmc, the update of the maximum change rate MAXdPmc is not carried out, and the previously stored maximum change rate MAXdPmc becomes unchanged in the memory of the ECU 10 saved).
Re-claim 14, Satoshi discloses the activation module is further configured to not activate the braking assist function of the redundant braking system when at least one of the following conditions is satisfied: it is determined that the braking assist function of the main braking system is operating normally based on the status signal; and the vehicle speed is below a first vehicle speed threshold, the first vehicle speed threshold being the creeping speed of the vehicle (note if the result at step 116 is negative (V ≤ V1), it is determined that the vehicle is running at low speed, and the perceived acceleration when the braking force increases rapidly after the initiation of the brake assist (BA) control is large enough for the driving comfort of the vehicle occupant to affect. Hence the ECU 10 at step 120 a. next step 120 from the procedure of 3 out if the result at step 116 is negative (V ≤ V1)).
Allowable Subject Matter
Claims 7 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT SICONOLFI can be reached at 5712727124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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