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 .
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.
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Response to Amendment
Claims 1-4 and 10-13 have been amended. No claims have been added and claim 6 and 15 have been cancelled.
Response to Arguments
Applicant's arguments filed 07/30/2025 have been fully considered but they are not persuasive.
Applicant contends that the amendments overcome the 35 U.S.C 101 rejection. Examiner disagrees, and directs applicant to the updated rejection presented below which considers the amended limitations and finds them insufficient to overcome the rejection.
Regarding the 35 U.S.C. 102 rejection, Applicant contends that the amended language including multiple vibrations detected during different operation modes is not disclosed in Cunnings. Examiner partially disagrees. Cunnings discloses “a network of vibration sensors 308” (Cunnings, 0016), and further discloses that the “real time vibration analytics (RTVA) engine 306 compares sensed vibration patterns to vibration patterns that correspond to previously-recognized maintenance and/or safety issues, which are stored in a database 310 onboard the motorized vehicle 304. The comparison may involve comparing any of a number of vibration signatures or patterns, such as vibration amplitude-time profiles, spectral energies, spectral distributions, spectral envelopes, amplitude-time profiles and so forth.” Cunnings discloses multiple vibration detectors that use frequency bands to determine, as disclosed in at least Cunnings 0023, the severity of the abnormal vibration pattern, and to either execute an immediate operator alert mitigation action or a less immediate recording of the abnormality for later analysis/presentation to the operator. Examiner contends that Cunnings discloses the vast majority of the claimed language, and the silence of Cunnings on different levels of operation modes that allow for different driving levels and “harder” driving with more vibration would be an obvious variant of Cunnings for at least the reasons presented below alongside the updated rejection.
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 1 is rejected under 35 U.S.C 101 because the claimed invention is directed to an abstract idea without significantly more.
The claim recites: “a vibration sensor positioned at a first position on the straddle-type vehicle and configured to sense vibrations of the straddle-type vehicle; and an electronic processor communicatively coupled to the vibration sensor and configured to: receive, from the vibration sensor, first sensor information while the vehicle is in a first mode of operation; determine whether a first vibration is present at a first predetermined frequency range within the first sensor information; determine, in response to determining that the first vibration is present at the first predetermined frequency range, whether a characteristic of the first vibration exceeds a first predetermined threshold; receive, from the vibration sensor, second sensor information while the vehicle is in a second mode of operation different from the first mode of operation: determine, based on the second sensor information, whether a second vibration is present at a second predetermined frequency range determine, in response to determining that the second vibration is present at the second predetermined frequency range, whether a characteristic of the second vibration exceeds a second predetermined threshold in response to determining that the characteristic of the first vibration exceeds the first predetermined threshold and that the characteristic of the second vibration exceeds the second predetermined threshold, identify a fault with a component of the straddle- type vehicle vibration; and execute a mitigation action based on the fault.”
These limitations, as drafted, are simple processes that, under their broadest reasonable interpretation, cover performance of the mind, but for the recitation of ‘a vibration sensor’, ‘an electronic processor’, and ‘execute a mitigation action based on the fault’. That is, other than reciting the bolded limitations above, nothing in the claim elements preclude the steps from being performed in the mind or with pen and paper. For example, a human can, in their mind or with pen and paper, receive sensor data, determine whether vibration is present at a frequency range, determine whether a characteristic of the vibration exceeds a predetermined threshold, and identify a fault with a component.
This judicial exception is not integrated into a practical application. The claim recites the additional limitations of ‘a vibration sensor’ and ‘an electronic processor’ at a high level of generality and merely link(s) the use of the abstract idea to a particular technological environment (see MPEP 2106.05(h)). The ‘execute a mitigation action based on the fault’ step is/are recited at a high level of generality and amounts to mere data outputting (see for example the specifics of dependent claim 9 which describes the mitigation action is merely outputting an alert/notification), which is a form of insignificant extra-solution (post-solution) activity (see MPEP 2106.05(g)). Accordingly, even in combination, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. In particular, data sensing, processing, and further display of data described in the steps above are merely automated determination and data processing steps, implemented without any meaningful limitations to the performance of the abstract idea, and acting as a generic computer operating in its ordinary capacity. The inclusion of the vibration sensor and electronic processor acts as no more than mere instructions to apply the exception using a computer.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional element(s) of ‘a vibration sensor’ and ‘an electronic processor’ is/are no more than mere generic linking of the abstract idea to a technological environment, which cannot provide an inventive concept. The additional step(s) of ‘execute a mitigation action based on the fault’ is/are mere data outputting as described above with regards to the subject matter of claim 9 and is/are a well-understood, routine, and conventional function (see MPEP 2106.05(d) and see Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93), and thus is/are no more than insignificant extra-solution (post-solution) activity (see MPEP 2106.05(g) and see OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93). Thus, the limitations do not provide an inventive concept, and the claim contains ineligible subject matter.
Claims 2-19 recite limitations that are no more that the abstract idea recited in claim 1.
Regarding claim 2: The claim recites a further limitation of the characteristic determination step, which can be performed by a human with pen/paper as a mental process.
Regarding claim 3: The claim recites a further limitation of the determination step, which can be performed by a human with pen/paper as a mental process.
Regarding claim 4: The claim recites a further limitation of the characteristic determination step, which can be performed by a human with pen/paper as a mental process.
Regarding claim 5: The claim recites a further limitation of the characteristic determination step by linking the selection to the electronic processor, which is/are no more than mere generic linking of the abstract idea to a technological environment, which cannot provide an inventive concept
Regarding claim 6: The claim recites further limitations of the data generation, processing, determination, and identification steps, which can be performed by a human with pen/paper as a mental process.
Regarding claim 7: The claim recites a further limitation of the fault identification step, which can be performed by a human with pen/paper as a mental process.
Regarding claim 8: The claim recites a further limitation of the fault identification step, which can be performed by a human with pen/paper as a mental process.
Regarding claim 9: The claim recites a further limitation of the mitigation action as an alert/notification to the vehicle user/manufacturer, which is/are mere data outputting and is/are a well-understood, routine, and conventional function, and thus is/are no more than insignificant extra-solution activity. See MPEP 2106.05(g).
Independent Claim 10 is rejected under 35 U.S.C 101 because the claimed invention is directed to an abstract idea without significantly more in the exact same manner as claim 1.
Dependent claims 11-18 are rejected under 35 U.S.C 101 in the exact same manner as dependent claims 2-9, as they contain the exact same claimed language.
Regarding claim 19: The claim recites a further limitation of a “non-transitory computer-readable medium”, which is/are no more than mere generic linking of the abstract idea to a technological environment, which cannot provide an inventive concept.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cunnings (US20150363983, referred to as Cunnings) in view of Young et al. (WO1999041521A1, referred to as Young).
Regarding claim 1: Cunnings discloses: A system for detecting component faults for a straddle-type vehicle, the system comprising: ([0007] a motorized vehicle 100 (an automobile, a motorcycle, a truck, a watercraft, an aircraft, and so forth) includes an onboard vibration-based diagnostic system 101 for purposes of determining remedial actions to be taken for the vehicle 100 based on sensed vibration.) a vibration sensor positioned at a first position on the straddle-type vehicle and configured to sense vibrations of the straddle-type vehicle; and ([0016] the diagnostic system 304 includes a network of vibration sensors 308 that are disposed on the motorized vehicle 100 for purposes of sensing vibrations that may occur during the operation of the vehicle 100. In this manner, the vibration sensors 308 may be spatially distributed about the motorized vehicle 100 in an array to sense vibrations and vibration patterns that may be generated by the systems of the motorized vehicle 100, such as the powertrain, the drive train, the steering control system, the tires, the exhaust system, and so forth.) an electronic processor communicatively coupled to the vibration sensor and ([0018] the diagnostic system 304 includes a real time vibration analytics (RTVA) engine 306 that is coupled to the vibration sensors 308 for purposes of identifying vibration signatures, or patterns, that are indicative of potential safety concerns and/or maintenance issues. [0019] In accordance with an exemplary implementation, the RTVA engine 306 compares sensed vibration patterns to vibration patterns that correspond to previously-recognized maintenance and/or safety issues, which are stored in a database 310 onboard the motorized vehicle 304. The comparison may involve comparing any of a number of vibration signatures or patterns, such as vibration amplitude-time profiles, spectral energies, spectral distributions, spectral envelopes, amplitude-time profiles and so forth) configured to: receive, from the vibration sensor, first sensor information [while the vehicle is in a first mode of operation;] determine whether a first vibration is present at a first predetermined frequency range within the first sensor information; determine, in response to determining that the first vibration is present at the first predetermined frequency range, whether a characteristic of the first vibration exceeds a first predetermined threshold; receive, from the vibration sensor, second sensor information [while the vehicle is in a second mode of operation different from the first mode of operation:] determine, based on the second sensor information, whether a second vibration is present at a second predetermined frequency range determine, in response to determining that the second vibration is present at the second predetermined frequency range, whether a characteristic of the second vibration exceeds a second predetermined threshold in response to determining that the characteristic of the first vibration exceeds the first predetermined threshold and that the characteristic of the second vibration exceeds the second predetermined threshold, ([0013] the onboard diagnostic system 101 may communicate data to the data center 204, which represents “abnormal” vibration records. These records may correspond to recognized vibration signatures, or patterns, that have already been attributed to associated problems, as well as unrecognized vibration patterns that have been captured for further analysis due to the patterns exceeding certain thresholds (vibration duration, amplitudes, frequencies, and so forth). In this manner, the datacenter 204 may include an interface 206 for purposes of receiving data that represents abnormal vibration records (recognized and unrecognized) from the motorized vehicles, as further disclosed herein.) identify a fault with a component of the straddle-type vehicle vibration; and execute a mitigation action based on the fault. ([0023] In the case that the abnormal vibration pattern is identified as being an immediate safety issue (a tire beginning to break down or a tie rod that is about to fail, as examples), the RTVA engine 306 uses the event alert module 314 to immediately and directly alert the operator of the motorized vehicle 100 via a display 322 (as an example) of the vehicle 304 so that the operator may take immediate action to avert an otherwise dangerous situation. For example, the display 322 may be an onboard display within the motorized vehicle 304, such as a light emitting diode (LED) screen or display. The alert may be provided by other alarm devices that provide audible and/or visual alarms, for example. Moreover, as in the case with a maintenance issue that is not an immediate concern, the RTVA engine 306 may also use the event alert module 314 for purposes of communicating the identified safety issue and associated vibration record, along with other information, to the data center 350 so that the data center 350 may alert the owner 372, dealer 376 and potentially other 374 (OEM fleet managers and so forth) parties using less direct communications (emails, texts, automatically-generated letters, statistical reports, and so forth))
Cunnings does not explicitly disclose the following limitations: [configured to: receive, from the vibration sensor, first sensor information] while the vehicle is in a first mode of operation [determine whether a first vibration is present at a first predetermined frequency range within the first sensor information; determine, in response to determining that the first vibration is present at the first predetermined frequency range, whether a characteristic of the first vibration exceeds a first predetermined threshold; receive, from the vibration sensor, second sensor information] while the vehicle is in a second mode of operation different from the first mode of operation: [determine, based on the second sensor information, whether a second vibration is present at a second predetermined frequency range determine, in response to determining that the second vibration is present at the second predetermined frequency range, whether a characteristic of the second vibration exceeds a second predetermined threshold in response to determining that the characteristic of the first vibration exceeds the first predetermined threshold and that the characteristic of the second vibration exceeds the second predetermined threshold]
Cunnings does not disclose the following limitations, however Young, from an analogous field of endeavor, teaches: while the vehicle is in a first mode of operation; while the vehicle is in a second mode of operation different from the first mode of operation: ([pg. 7, lines 5-16] the vibration monitoring system provides an output signal whose sole purpose is to advise the vehicle driver of the onset of undesirable levels of vibration in the vehicle drive-line. The system could alternatively be setup so that control unit 21 provides an output signal which is directed via line 31 to a clutch actuator 30 (which may, for example, be hydraulically and/or electrically operated) which when activated operates on clutch clamp spring 4' to disengage clutch 4 to prevent or minimise damage to the drive line. The clutch actuator 30 may be the actuator used for normal operation of the clutch or may be an additional actuator. This clutch disengagement capability is preferably additional to the vibration display/warning capability but could be in place of such display/warning capability. Also, the vibration level at which the clutch is disengaged could conveniently be set at a higher level than that at which the system starts to warn the driver that the drive-line vibrations are potentially damaging)
Cunnings and Young are analogous art to the claimed invention since they are from the similar field of vibrational diagnostic sensing for vehicle components. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation for success, to modify the vibrational sensing system of Cunnings to enable the normal and additional clutch actuation/override modes taught in Young.
The motivation for modification would have been to provide the vibration sensing method disclosed in Cunnings with the method applied to variations in interference levels for different operating modes for the purpose of allowing more experienced drivers the option of fewer unwanted actuator overrides.
Regarding claim 2: The combination of Cunnings and Young teaches: The system of claim 1,
Cunnings further discloses: wherein the characteristics of the first vibration and the second vibration are at least one selected from the group consisting of an amplitude, a frequency, a wavelength, and a phase. ( [0013] the onboard diagnostic system 101 may communicate data to the data center 204, which represents “abnormal” vibration records. These records may correspond to recognized vibration signatures, or patterns, that have already been attributed to associated problems, as well as unrecognized vibration patterns that have been captured for further analysis due to the patterns exceeding certain thresholds (vibration duration, amplitudes, frequencies, and so forth). In this manner, the datacenter 204 may include an interface 206 for purposes of receiving data that represents abnormal vibration records (recognized and unrecognized) from the motorized vehicles, as further disclosed herein. [0016] the diagnostic system 304 includes a network of vibration sensors 308 that are disposed on the motorized vehicle 100 for purposes of sensing vibrations that may occur during the operation of the vehicle 100. In this manner, the vibration sensors 308 may be spatially distributed about the motorized vehicle 100 in an array to sense vibrations and vibration patterns that may be generated by the systems of the motorized vehicle 100, such as the powertrain, the drive train, the steering control system, the tires, the exhaust system, and so forth. [0019] In accordance with an exemplary implementation, the RTVA engine 306 compares sensed vibration patterns to vibration patterns that correspond to previously-recognized maintenance and/or safety issues, which are stored in a database 310 onboard the motorized vehicle 304. The comparison may involve comparing any of a number of vibration signatures or patterns, such as vibration amplitude-time profiles, spectral energies, spectral distributions, spectral envelopes, amplitude-time profiles and so forth, depending on the particular implementation. Based on this comparison and possibly the consideration of other information (sensed parameters other than vibration, the spatial location of the sensed vibration, the age or mileage of the motorized vehicle 100 and so forth), the RTVA 306 determines if the sensed vibration pattern corresponds to a particular problem and remedial action.)
Regarding claim 3: The combination of Cunnings and Young teaches: The system of claim 1,
Cunnings further discloses: wherein determining whether one or both of the characteristic of the vibration first vibration and the characteristic of the second vibration exceeds the predetermined threshold includes determining whether the characteristic exceeds the predetermined threshold a predetermined number of times. ([0016] the diagnostic system 304 includes a network of vibration sensors 308 that are disposed on the motorized vehicle 100 for purposes of sensing vibrations that may occur during the operation of the vehicle 100. In this manner, the vibration sensors 308 may be spatially distributed about the motorized vehicle 100 in an array to sense vibrations and vibration patterns that may be generated by the systems of the motorized vehicle 100, such as the powertrain, the drive train, the steering control system, the tires, the exhaust system, and so forth. [0021] After transmitting a record corresponding to an initial abnormal vibration pattern, in accordance with some implementations, the event alert module 314 may send a daily update record to the data center 350, which indicates the number of trips and durations of trips taken by the motorized vehicle 100 and an indication of whether the associated abnormal vibration pattern was sensed during each of these trips. If a particular vibration pattern is not sensed for several days (configurable based on the type of abnormal vibration pattern, for example), the RTVA engine 306 may send a record to the data center 350 indicating the vibration problem has been resolved.)
Regarding claim 4: The combination of Cunnings and Young teaches: The system of claim 1,
Cunnings further discloses: wherein determining whether one or both of the characteristic of the first vibration and the characteristic of the second vibration exceeds the predetermined threshold includes determining whether the vibration occurs for a predetermined amount of time. ([0013] the onboard diagnostic system 101 may communicate data to the data center 204, which represents “abnormal” vibration records. These records may correspond to recognized vibration signatures, or patterns, that have already been attributed to associated problems, as well as unrecognized vibration patterns that have been captured for further analysis due to the patterns exceeding certain thresholds (vibration duration, amplitudes, frequencies, and so forth). In this manner, the datacenter 204 may include an interface 206 for purposes of receiving data that represents abnormal vibration records (recognized and unrecognized) from the motorized vehicles, as further disclosed herein. [0016] the diagnostic system 304 includes a network of vibration sensors 308 that are disposed on the motorized vehicle 100 for purposes of sensing vibrations that may occur during the operation of the vehicle 100. In this manner, the vibration sensors 308 may be spatially distributed about the motorized vehicle 100 in an array to sense vibrations and vibration patterns that may be generated by the systems of the motorized vehicle 100, such as the powertrain, the drive train, the steering control system, the tires, the exhaust system, and so forth. [0019] In accordance with an exemplary implementation, the RTVA engine 306 compares sensed vibration patterns to vibration patterns that correspond to previously-recognized maintenance and/or safety issues, which are stored in a database 310 onboard the motorized vehicle 304. The comparison may involve comparing any of a number of vibration signatures or patterns, such as vibration amplitude-time profiles, spectral energies, spectral distributions, spectral envelopes, amplitude-time profiles and so forth, depending on the particular implementation. Based on this comparison and possibly the consideration of other information (sensed parameters other than vibration, the spatial location of the sensed vibration, the age or mileage of the motorized vehicle 100 and so forth), the RTVA 306 determines if the sensed vibration pattern corresponds to a particular problem and remedial action.)
Regarding claim 5: The combination of Cunnings and Young teaches: The system of claim 1,
Cunnings further discloses: wherein the electronic processor is further configured to select the predetermined threshold based on a mode of operation of the straddle-type vehicle. [0020] In the event that an abnormal vibration is identified as an early indicator of a maintenance issue but not an immediate safety concern (as indicated by a data stored in the database 310, for example), the RTVA engine 306 uses an event alert module 314 of the diagnostic system 304 to communicate data representing the corresponding vibration record to the remotely-disposed data center 350 so that the pattern may be logged and communications may be made (if appropriate) with the vehicle owner concerning any potential maintenance action. In this manner, the event alert module 314 may be coupled to an antenna 320 that is coupled to the remote data center 350 via network fabric 330. In accordance with an exemplary implementation, the network fabric 330 may be a cellular network. WAN-based fabric, Internet-based fabric or a combination or such fabric, as examples. The data center 350 includes an interface 352 that receives data indicative of such vibration records. [0021] After transmitting a record corresponding to an initial abnormal vibration pattern, in accordance with some implementations, the event alert module 314 may send a daily update record to the data center 350, which indicates the number of trips and durations of trips taken by the motorized vehicle 100 and an indication of whether the associated abnormal vibration pattern was sensed during each of these trips. If a particular vibration pattern is not sensed for several days (configurable based on the type of abnormal vibration pattern, for example), the RTVA engine 306 may send a record to the data center 350 indicating the vibration problem has been resolved. [0022] It is noted that any day of non-driving does not produce a record. Therefore, in accordance with some implementations, upon the next day of driving (after any number of non-driving days), the RTVA engine 306 communicates a record to the data center 350 indicating the number of non-driving days in addition to the normal daily report. In accordance with some implementations, the RTVA 306 communicates the previous day's record upon vehicle startup on the next day, because the RTVA 306 does not know which trip is the last trip for the motorized vehicle 100 for the day. [0023] In the case that the abnormal vibration pattern is identified as being an immediate safety issue (a tire beginning to break down or a tie rod that is about to fail, as examples), the RTVA engine 306 uses the event alert module 314 to immediately and directly alert the operator of the motorized vehicle 100 via a display 322 (as an example) of the vehicle 304 so that the operator may take immediate action to avert an otherwise dangerous situation. For example, the display 322 may be an onboard display within the motorized vehicle 304, such as a light emitting diode (LED) screen or display. The alert may be provided by other alarm devices that provide audible and/or visual alarms, for example. Moreover, as in the case with a maintenance issue that is not an immediate concern, the RTVA engine 306 may also use the event alert module 314 for purposes of communicating the identified safety issue and associated vibration record, along with other information, to the data center 350 so that the data center 350 may alert the owner 372, dealer 376 and potentially other 374 (OEM fleet managers and so forth) parties using less direct communications (emails, texts, automatically-generated letters, statistical reports, and so forth).)
Regarding claim 6: The combination of Cunnings and Young teaches: The system of claim 1,
Cunnings further discloses: wherein the sensor information produced by the sensed vibration of the straddle-type vehicle is received when the straddle-type vehicle is in a first mode of operation and wherein the electronic processor is further configured to: receive, from the vibration sensor, second sensor information while the vehicle is in a second mode of operation; determine, based on the second sensor information, whether a second vibration is present at a second predetermined frequency range; and determine, in response to determining that the vibration is present at the predetermined frequency range, whether a characteristic of the second vibration exceeds a second predetermined threshold, wherein identifying the fault with a component of the vehicle further includes determining whether the characteristic of the second vibration exceeds a second predetermined threshold. ([0018] The vibration sensors 308 sense vibrations that occur during the operation of the motorized vehicle 100 for purposes of allowing the diagnostic system 304 to identify certain vibration patterns, or signatures. The diagnostic system 304 discriminates “normal” vibrations from “abnormal” vibrations. In this manner, in accordance with an exemplary implementation, the diagnostic system 304 includes a real time vibration analytics (RTVA) engine 306 that is coupled to the vibration sensors 308 for purposes of identifying vibration signatures, or patterns, that are indicative of potential safety concerns and/or maintenance issues. [0019] In accordance with an exemplary implementation, the RTVA engine 306 compares sensed vibration patterns to vibration patterns that correspond to previously-recognized maintenance and/or safety issues, which are stored in a database 310 onboard the motorized vehicle 304. The comparison may involve comparing any of a number of vibration signatures or patterns, such as vibration amplitude-time profiles, spectral energies, spectral distributions, spectral envelopes, amplitude-time profiles and so forth, depending on the particular implementation. Based on this comparison and possibly the consideration of other information (sensed parameters other than vibration, the spatial location of the sensed vibration, the age or mileage of the motorized vehicle 100 and so forth), the RTVA 306 determines if the sensed vibration pattern corresponds to a particular problem and remedial action. [0020] In the event that an abnormal vibration is identified as an early indicator of a maintenance issue but not an immediate safety concern (as indicated by a data stored in the database 310, for example), the RTVA engine 306 uses an event alert module 314 of the diagnostic system 304 to communicate data representing the corresponding vibration record to the remotely-disposed data center 350 so that the pattern may be logged and communications may be made (if appropriate) with the vehicle owner concerning any potential maintenance action. In this manner, the event alert module 314 may be coupled to an antenna 320 that is coupled to the remote data center 350 via network fabric 330. In accordance with an exemplary implementation, the network fabric 330 may be a cellular network. WAN-based fabric, Internet-based fabric or a combination or such fabric, as examples. The data center 350 includes an interface 352 that receives data indicative of such vibration records. [0021] After transmitting a record corresponding to an initial abnormal vibration pattern, in accordance with some implementations, the event alert module 314 may send a daily update record to the data center 350, which indicates the number of trips and durations of trips taken by the motorized vehicle 100 and an indication of whether the associated abnormal vibration pattern was sensed during each of these trips. If a particular vibration pattern is not sensed for several days (configurable based on the type of abnormal vibration pattern, for example), the RTVA engine 306 may send a record to the data center 350 indicating the vibration problem has been resolved. [0022] It is noted that any day of non-driving does not produce a record. Therefore, in accordance with some implementations, upon the next day of driving (after any number of non-driving days), the RTVA engine 306 communicates a record to the data center 350 indicating the number of non-driving days in addition to the normal daily report. In accordance with some implementations, the RTVA 306 communicates the previous day's record upon vehicle startup on the next day, because the RTVA 306 does not know which trip is the last trip for the motorized vehicle 100 for the day. [0023] In the case that the abnormal vibration pattern is identified as being an immediate safety issue (a tire beginning to break down or a tie rod that is about to fail, as examples), the RTVA engine 306 uses the event alert module 314 to immediately and directly alert the operator of the motorized vehicle 100 via a display 322 (as an example) of the vehicle 304 so that the operator may take immediate action to avert an otherwise dangerous situation. For example, the display 322 may be an onboard display within the motorized vehicle 304, such as a light emitting diode (LED) screen or display. The alert may be provided by other alarm devices that provide audible and/or visual alarms, for example. Moreover, as in the case with a maintenance issue that is not an immediate concern, the RTVA engine 306 may also use the event alert module 314 for purposes of communicating the identified safety issue and associated vibration record, along with other information, to the data center 350 so that the data center 350 may alert the owner 372, dealer 376 and potentially other 374 (OEM fleet managers and so forth) parties using less direct communications (emails, texts, automatically-generated letters, statistical reports, and so forth).)
Regarding claim 7: Cunnings discloses: The system of claim 1,
Cunnings further discloses: wherein the fault is a [driveline looseness.] ([0023] In the case that the abnormal vibration pattern is identified as being an immediate safety issue (a tire beginning to break down or a tie rod that is about to fail, as examples), the RTVA engine 306 uses the event alert module 314 to immediately and directly alert the operator of the motorized vehicle 100 via a display 322 (as an example) of the vehicle 304 so that the operator may take immediate action to avert an otherwise dangerous situation. For example, the display 322 may be an onboard display within the motorized vehicle 304, such as a light emitting diode (LED) screen or display. The alert may be provided by other alarm devices that provide audible and/or visual alarms, for example. Moreover, as in the case with a maintenance issue that is not an immediate concern, the RTVA engine 306 may also use the event alert module 314 for purposes of communicating the identified safety issue and associated vibration record, along with other information, to the data center 350 so that the data center 350 may alert the owner 372, dealer 376 and potentially other 374 (OEM fleet managers and so forth) parties using less direct communications (emails, texts, automatically-generated letters, statistical reports, and so forth))
Cunnings does not disclose the following limitations, however Young, in an analogous field of endeavor, teaches: [wherein the fault is] driveline looseness ([pg. 3, lines 3-18] The monitoring system may also sense the vibration of several components in the drive-line and compare these vibration signals to assess drive-line vibration. The control unit may also be provided with a memory store and an outlet port from which data can be downloaded from the memory store onto a computer or other data analysis means to give a vibration record over a period of time (e.g. between vehicle services) to enable diagnosis of vibration problems. The control unit may also be arranged to produce an output signal to disengage a clutch in the drive-line if a predetermined vibration condition is attained.
Alternatively the control unit may also be arranged to produce an output signal to initiate a
ratio change in a gear box which forms part of the drive-line if a predetermined vibration
condition is attained. The invention also provides an in-vehicle vibration monitoring system having either the clutch disengagement or ratio changing function described above without the vibration display capability. The invention also provides a vehicle drive-line provided with an in-vehicle vibration monitoring system of any of the forms described above.)
As previously stated, Cunnings and Young are analogous art to the claimed invention since they are from the similar field of vibrational diagnostic sensing for vehicle components. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation for success, to modify the vibrational sensing system of Cunnings to enable the specific clutch wear and driveline looseness vibrational sensing taught in Young.
The motivation for modification would have been to provide the vibration sensing method disclosed in Cunnings with the method applied to testing specific systems as taught in Young.
Regarding claim 8: The combination of Cunnings and Young teaches: The system of claim 1,
Cunnings further discloses: wherein the fault is a [clutch wear.] ([0023] In the case that the abnormal vibration pattern is identified as being an immediate safety issue (a tire beginning to break down or a tie rod that is about to fail, as examples), the RTVA engine 306 uses the event alert module 314 to immediately and directly alert the operator of the motorized vehicle 100 via a display 322 (as an example) of the vehicle 304 so that the operator may take immediate action to avert an otherwise dangerous situation. For example, the display 322 may be an onboard display within the motorized vehicle 304, such as a light emitting diode (LED) screen or display. The alert may be provided by other alarm devices that provide audible and/or visual alarms, for example. Moreover, as in the case with a maintenance issue that is not an immediate concern, the RTVA engine 306 may also use the event alert module 314 for purposes of communicating the identified safety issue and associated vibration record, along with other information, to the data center 350 so that the data center 350 may alert the owner 372, dealer 376 and potentially other 374 (OEM fleet managers and so forth) parties using less direct communications (emails, texts, automatically-generated letters, statistical reports, and so forth))
Cunnings does not disclose the following limitations, however Young, in an analogous field of endeavor, teaches: [wherein the fault is] clutch wear ([pg. 3, lines 3-18] The monitoring system may also sense the vibration of several components in the drive-line and compare these vibration signals to assess drive-line vibration. The control unit may also be provided with a memory store and an outlet port from which data can be downloaded from the memory store onto a computer or other data analysis means to give a vibration record over a period of time (e.g. between vehicle services) to enable diagnosis of vibration problems. The control unit may also be arranged to produce an output signal to disengage a clutch in the drive-line if a predetermined vibration condition is attained. Alternatively the control unit may also be arranged to produce an output signal to initiate a ratio change in a gear box which forms part of the drive-line if a predetermined vibration condition is attained. The invention also provides an in-vehicle vibration monitoring system having either the clutch disengagement or ratio changing function described above without the vibration display capability. The invention also provides a vehicle drive-line provided with an in-vehicle vibration monitoring system of any of the forms described above.)
As previously stated, Cunnings and Young are analogous art to the claimed invention since they are from the similar field of vibrational diagnostic sensing for vehicle components. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation for success, to modify the vibrational sensing system of Cunnings to enable the specific clutch wear and driveline looseness vibrational sensing taught in Young.
The motivation for modification would have been to provide the vibration sensing method disclosed in Cunnings with the method applied to testing specific systems as taught in Young.
Regarding claim 9: The combination of Cunnings and Young teaches: The system of claim 1,
Cunnings further discloses: wherein the mitigation action is at least one selected from the group consisting of transmitting a notification to a vehicle owner, transmitting a notification to an original equipment manufacturer, transmitting a notification to a vehicle manufacturer, producing an alert on a human machine interface of a mobile electronic device, and producing an alert on a human machine interface of the vehicle. [0019] In accordance with an exemplary implementation, the RTVA engine 306 compares sensed vibration patterns to vibration patterns that correspond to previously-recognized maintenance and/or safety issues, which are stored in a database 310 onboard the motorized vehicle 304. The comparison may involve comparing any of a number of vibration signatures or patterns, such as vibration amplitude-time profiles, spectral energies, spectral distributions, spectral envelopes, amplitude-time profiles and so forth, depending on the particular implementation. Based on this comparison and possibly the consideration of other information (sensed parameters other than vibration, the spatial location of the sensed vibration, the age or mileage of the motorized vehicle 100 and so forth), the RTVA 306 determines if the sensed vibration pattern corresponds to a particular problem and remedial action. [0023] In the case that the abnormal vibration pattern is identified as being an immediate safety issue (a tire beginning to break down or a tie rod that is about to fail, as examples), the RTVA engine 306 uses the event alert module 314 to immediately and directly alert the operator of the motorized vehicle 100 via a display 322 (as an example) of the vehicle 304 so that the operator may take immediate action to avert an otherwise dangerous situation. For example, the display 322 may be an onboard display within the motorized vehicle 304, such as a light emitting diode (LED) screen or display. The alert may be provided by other alarm devices that provide audible and/or visual alarms, for example. Moreover, as in the case with a maintenance issue that is not an immediate concern, the RTVA engine 306 may also use the event alert module 314 for purposes of communicating the identified safety issue and associated vibration record, along with other information, to the data center 350 so that the data center 350 may alert the owner 372, dealer 376 and potentially other 374 (OEM fleet managers and so forth) parties using less direct communications (emails, texts, automatically-generated letters, statistical reports, and so forth))
Regarding claim 10: Rejected using the same rationale as claim 1.
Regarding claim 11: Rejected using the same rationale as claim 2.
Regarding claim 12: Rejected using the same rationale as claim 3.
Regarding claim 13: Rejected using the same rationale as claim 4.
Regarding claim 14: Rejected using the same rationale as claim 5.
Regarding claim 15: Rejected using the same rationale as claim 6.
Regarding claim 18: Rejected using the same rationale as claim 9.
Regarding claim 19: Cunnings discloses: A non-transitory computer-readable medium storing instructions that, when executed by a computing device, cause the computing device to perform operations comprising the automated method of claim 10. ([0033] The memory 606 may be a non-transitory storage medium, such semiconductor-based storage, magnetic-based storage, optical storage, removable media, a combination of such media, and so forth, depending on the particular implementation.)
Regarding claim 16: Rejected using the same rationale as claim 7.
Regarding claim 17: Rejected using the same rationale as claim 8.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/ATTICUS A CAMERON/ /JASON HOLLOWAY/ Primary Examiner, Art Unit 3658