26DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to Applicant's Amendment and Remarks filed on 6/15/2026. This Action is made FINAL.
Claims 2, 10 were canceled.
Claims 1, 3-9, 11-19 are pending for examination.
Response to Arguments
(A) Applicant's arguments filed “independent claims 1 and 9 have been amended to recite that "the drive unit comprises an electric drive unit and/or comprises a hydrostatic drive unit." Support for this amendment is found, for example, in claim 14 and in the specification's disclosure (see paragraphs [0007]-[0009] and [0061] of the published patent application) that the drive unit may comprise an electric drive unit and/or a hydrostatic drive unit. Applicant respectfully submits that Heine does not disclose this newly added limitation. In the Office Action, the Examiner relied on paragraph [0020] of Heine as allegedly disclosing that the drive unit comprises an electric drive unit and/or comprises a hydrostatic drive unit. However, paragraph [0020] of Heine describes an exemplary drive train in which engine 31 is coupled to drive shaft 56 via transmission 51 for driving the front and rear wheel assemblies. Heine paragraph [0020] does not disclose that this drive train, or any drive unit of Heine, comprises an electric drive unit or a hydrostatic drive unit” on 6/15/2026 have been fully considered but they are not persuasive.
As to point (A), the examiner respectfully disagrees. The examiner further notes Heine disclosed in Para 29 “In the illustrated embodiment, hydraulic system 106 is coupled to transmission 51 and powered by engine 31 through transmission 51, although other configurations of hydraulic system 106 may be used. Hydraulic system 106 may include, for example, hydraulic cylinder 37 (see FIG. 1) for moving dump body 35 relative to second frame 18. In one embodiment, hydraulic system 106 further includes one or more hydraulic actuators for controlling the angle between first and second frames 14, 18 for steering vehicle 10. In one embodiment, hydraulic system may also drive a cooling and/or lubrication system of transmission 51” indicating a drive system including a hydraulic system encompassing a hydrostatic drive unit. In particular, “hydraulic system 106 may include, for example, hydraulic cylinder 37 (see FIG. 1) for moving dump body 35 relative to second frame 18” would encompass the hydrostatic drive unit.
(B) Applicant's arguments filed “In response, Applicant submits that dependent claim 3 is patentable at least per the patentability of independent claim 1. However, this claim depends from a base claim that is believed to be in condition for allowance, Applicant does not believe that it is necessary to argue the allowability of the remaining dependent claim individually. Applicant does not necessarily concur with the interpretation of this claim or with the basis for rejection set forth in the Office Action. Applicant therefore reserves the right to address the patentability of this claim individually as necessary in the future.” on 6/15/2026 have been fully considered but they are not persuasive.
As to point (B), the examiner respectfully disagrees. The examiner further notes independent claim 1 is fully rejected under 35 USC § 102 and the combination of references would fully encompass the claimed limitations.
Claim Rejections - 35 USC § 102
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, 4-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heine et al (U.S. Pub. NO. 2012/0205178).
With regard to claim 1, Heine discloses A method for controlling a speed of a vehicle depending on a determined actual driving condition of the vehicle, (The reference discloses the use of a controller that manages the speed of the vehicle.) (Heine, [027])
The vehicle comprising: (The reference discloses a vehicle.) (Heine, Abstract)
A drive unit that is coupled to at least one wheel of the vehicle, (The reference discloses drive unit including engine, transmission, and drive shaft coupling to wheels) (Heine, [020])
Wherein the drive unit is configured for driving and braking the at least one wheel of the vehicle, (The reference discloses the reference discloses drive unit provides both driving power and braking through transmission retarder and engine braking.) (Heine, [027])
Wherein the drive unit is configured for braking by providing a motor braking torque, (The reference discloses controller initiates a first level of overspeed protection by automatically decreasing the throttle command to engine controller to thereby reduce the opening of throttle plate and the torque output of engine.) (Heine, [038]), and
wherein the drive unit comprises an electric drive unit and/or comprises a hydrostatic drive unit(The reference discloses hydraulic system 106 is coupled to transmission 51 and powered by engine 31 through transmission 51, although other configurations of hydraulic system 106 may be used. Hydraulic system 106 may include, for example, hydraulic cylinder 37 (see FIG. 1) for moving dump body 35 relative to second frame 18. In one embodiment, hydraulic system 106 further includes one or more hydraulic actuators for controlling the angle between first and second frames 14, 18 for steering vehicle 10. In one embodiment, hydraulic system may also drive a cooling and/or lubrication system of transmission 51.) (Heine, [029]), and
a sensor unit that is configured for detecting an actual speed value of the vehicle, (The reference discloses speed sensors.) (Heine, [032], [033])
And a brake system that is coupled to at least one wheel of the vehicle, (The reference discloses a brake is coupled to at least one of the front and rear wheel assemblies and is configured to apply a braking force to the at least one of the front and rear wheel assemblies and Front brakes are coupled to front axle.) (Heine, [005], [021])
Wherein the brake system is configured for braking the at least one wheel of the vehicle, (The reference discloses configured to apply a braking force to the at least one of the front and rear wheel assemblies.) (Heine, [005], [022])
And a control unit that is signaling coupled with the sensor unit, the drive unit, and the brake system, (The reference discloses a controller is in communication with the brake and the sensor) (Heine, [004], [026])
Wherein the control unit is configured for controlling the speed of the vehicle, (The reference discloses the controller is configured to automatically reduce the opening of the throttle device and automatically actuate the brake) (Heine, [004], [026], [050])
The method comprising: Determining the actual speed value of the vehicle provided by means of the sensor unit, (The reference discloses detecting a speed of the drive train and speed sensor is configured to measure the speed of vehicle.) (Heine, [033])
And determining a maximum speed value and determining a critical speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range.) (Heine, [006])
Wherein the critical speed value is larger than the maximum speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range.) (Heine, [006])
And determining the actual driving condition of the vehicle, (The reference discloses the speed setpoints are determined based on the design limits of the components of drive train to protect vehicle from an overspeed condition.) (Heine, [046])
Wherein the driving condition is at least one of the following: An over speed driving condition if the determined actual speed value is larger than the determined maximum speed value and smaller than the determined critical speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range.) (Heine, [006])
An acceleration driving condition if the vehicle is accelerated and the determined actual speed value is smaller than the determined maximum speed value, (The reference discloses during the first and second levels of overspeed protection depending on the acceleration, load, and slope of vehicle) (Heine, [047])
A regular driving condition if the vehicle is not accelerated and the determined actual speed value is smaller than the determined maximum speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range which implies having regular driving conditions as the baseline.) (Heine, [006])
Determining a target speed value of the vehicle that is smaller than the determined maximum speed value, (The reference discloses target first deactivation speed and a second deactivation speed that are lower than the threshold speeds which is equivalent to determining a target speed value of the vehicle that is smaller than the determined maximum speed value) (Heine, [040], [042])
And wherein if the driving condition is determined as the over speed driving condition, (The reference discloses actions taken when overspeed condition is detected which is equivalent.) (Heine, [005])
The method comprising the steps of determining a speed braking signal value for actuating the friction braking unit depending on the determined target speed value, (The reference discloses automatic brake actuation with braking signals based on speed detection.) (Heine, [005], [041])
And providing the speed braking signal value to the brake system for actuating the friction braking unit. (The reference discloses automatically applying at least one of front brakes and rear brake to reduce the speed of output shaft) (Heine, [041])
wherein the control of the speed of the vehicle comprises: determining a target braking duration value, (The reference discloses controller applies brakes during the third level of overspeed protection until the speed of output shaft 98 reaches a second deactivation speed.) (Heine, [042])
and determining the speed braking signal value for actuating the friction braking unit depends on the determined target braking duration value (The reference discloses apply brakes until the speed of output shaft decreases to the first deactivation speed, the first or second predetermined maximum speed, or some other suitable speed and modulate the automatically applied braking force to reduce the likelihood of vehicle losing traction and skidding) (Heine, [042]).
With regard to claim 4, Heine discloses all of the limitations of claim 1. Additionally, Heine discloses determining a maximum braking duration value that is larger than the determined target braking duration value. (The reference discloses controller may apply a near maximum braking force with brakes, before reducing the braking force upon the detected deceleration rate exceeding a maximum value.) (Heine, [041])
With regard to claim 5, Heine discloses all of the limitations of claim 1. Additionally, Heine discloses counting the number of braking operations due to over speed driving events. (The reference discloses comprehensive monitoring systems and controller capabilities which implies counting the number of braking operations over speed driving events.) (Heine, [031], [042])
With regard to claim 6, Heine discloses all of the limitations of claim 1. Additionally, Heine discloses wherein determining the minimum braking resting duration depends on at least one of the following: An actual weight of the vehicle, the determined actual speed value, the determined target speed value of the prior first braking operation, the determined target braking duration value of the prior first braking operation, the determined target deceleration value of the prior first braking operation, the counted number of braking operations due to prior over speed driving events, and the target speed value to be determined for the subsequent second braking operation. (The reference discloses weight sensors are configured to detect the load or weight of vehicle and speed sensor is configured to measure the speed of vehicle. The reference also discloses first deactivation speed and second deactivation speed with controller maintaining target speeds and until the speed of output shaft reaches a second deactivation speed which is equivalent to the determined target braking duration value of the prior first braking operation, the determined target deceleration value of the prior first braking operation) (Heine, [032], [033], [038], [042])
With regard to claim 7, Heine discloses all of the limitations of claim 1. Additionally, Heine discloses wherein determining the target speed value depends on at least one of the following: An actual weight of the vehicle, the determined actual speed value, the determined target speed value of the prior first braking operation, the determined target braking duration value of the prior first braking operation, the determined target deceleration value of the prior first braking operation, the counted number of braking operations due to prior over speed driving events, the target speed value to be determined for the subsequent second braking operation, and the time between a prior first over speed driving condition and a subsequent second over speed driving condition. (The reference discloses weight sensors are configured to detect the load or weight of vehicle and speed sensor is configured to measure the speed of vehicle which is equivalent to an actual weight of the vehicle, the determined actual speed value, the determined target speed value of the prior first braking operation. The reference also discloses first deactivation speed and second deactivation speed with controller maintaining target speeds and until the speed of output shaft reaches a second deactivation speed which is equivalent to the determined target braking duration value of the prior first braking operation, the determined target deceleration value of the prior first braking operation) (Heine, [032], [033], [038], [042])
With regard to claim 8, Heine discloses all of the limitations of claim 1. Additionally, Heine discloses the method according to the method according to wherein the brake system comprises a service brake, (The reference discloses brakes, are hydraulically-actuated disc brakes) (Heine, [021])
The method comprising releasing the hydraulic pressure in the spring applied hydraulically released brake unit depending on the speed braking signal value provided to the brake system. (The reference discloses hydraulic brake control based on controller commands which is equivalent to spring braking force of the spring of the spring applied hydraulically released brake unit) (Heine, [021], [029])
With regard to claim 9, Heine discloses A control unit device for controlling a speed of a vehicle depending on an actual driving condition of the vehicle, wherein the control unit device is configured to (The reference discloses the controller is configured to automatically reduce the opening of the throttle device and automatically actuate the brake based on driving condition.) (Heine, [004], [025-026], [050])
control a speed of a vehicle depending on a determined actual driving condition of the vehicle, the vehicle comprising: (The reference discloses the use of a controller that manages the speed of the vehicle.) (Heine, [027])
a drive unit that is coupled to at least one wheel of the vehicle, (The reference discloses drive unit including engine, transmission, and drive shaft coupling to wheels) (Heine, [020])
wherein the drive unit is configured for driving and braking the at least one wheel of the vehicle, (The reference discloses the reference discloses drive unit provides both driving power and braking through transmission retarder and engine braking.) (Heine, [027])
wherein the drive unit is configured for braking by providing a motor braking torque, (The reference discloses controller initiates a first level of overspeed protection by automatically decreasing the throttle command to engine controller to thereby reduce the opening of throttle plate and the torque output of engine.) (Heine, [038]), and
wherein the drive unit comprises an electric drive unit and/or comprises a hydrostatic drive unit(The reference discloses hydraulic system 106 is coupled to transmission 51 and powered by engine 31 through transmission 51, although other configurations of hydraulic system 106 may be used. Hydraulic system 106 may include, for example, hydraulic cylinder 37 (see FIG. 1) for moving dump body 35 relative to second frame 18. In one embodiment, hydraulic system 106 further includes one or more hydraulic actuators for controlling the angle between first and second frames 14, 18 for steering vehicle 10. In one embodiment, hydraulic system may also drive a cooling and/or lubrication system of transmission 51.) (Heine, [029]), and
a sensor unit that is configured for detecting an actual speed value of the vehicle, (The reference discloses speed sensors.) (Heine, [032], [033])
and a brake system that is coupled to at least one wheel of the vehicle, (The reference discloses a brake is coupled to at least one of the front and rear wheel assemblies and is configured to apply a braking force to the at least one of the front and rear wheel assemblies and Front brakes are coupled to front axle.) (Heine, [005], [021])
wherein the brake system is configured for braking the at least one wheel of the vehicle, (The reference discloses configured to apply a braking force to the at least one of the front and rear wheel assemblies.) (Heine, [005], [022])
and a control unit that is signaling coupled with the sensor unit, the drive unit, and the brake system, (The reference discloses a controller is in communication with the brake and the sensor) (Heine, [004], [026])
wherein the control unit is configured for controlling the speed of the vehicle, (The reference discloses the controller is configured to automatically reduce the opening of the throttle device and automatically actuate the brake) (Heine, [004], [026], [050])
wherein the control of the speed of the vehicle comprises: determining the actual speed value of the vehicle provided by means of the sensor unit, (The reference discloses detecting a speed of the drive train and speed sensor is configured to measure the speed of vehicle.) (Heine, [033])
and determining a maximum speed value and determining a critical speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range.) (Heine, [006])
wherein the critical speed value is larger than the maximum speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range.) (Heine, [006])
and determining the actual driving condition of the vehicle, (The reference discloses the speed setpoints are determined based on the design limits of the components of drive train to protect vehicle from an overspeed condition.) (Heine, [046])
wherein the driving condition is at least one of the following: an over speed driving condition if the determined actual speed value is larger than the determined maximum speed value and smaller than the determined critical speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range.) (Heine, [006])
an acceleration driving condition if the vehicle is accelerated and the determined actual speed value is smaller than the determined maximum speed value, (The reference discloses during the first and second levels of overspeed protection depending on the acceleration, load, and slope of vehicle) (Heine, [047])
a regular driving condition if the vehicle is not accelerated and the determined actual speed value is smaller than the determined maximum speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range which implies having regular driving conditions as the baseline.) (Heine, [006])
determining a target speed value of the vehicle that is smaller than the determined maximum speed value, (The reference discloses target first deactivation speed and a second deactivation speed that are lower than the threshold speeds which is equivalent to determining a target speed value of the vehicle that is smaller than the determined maximum speed value) (Heine, [040], [042])
and wherein if the driving condition is determined as the over speed driving condition, (The reference discloses actions taken when overspeed condition is detected which is equivalent.) (Heine, [005])
the control of the speed of the vehicle further comprises: determining a speed braking signal value for actuating a friction braking unit depending on the determined target speed value, (The reference discloses automatic brake actuation with braking signals based on speed detection.) (Heine, [005], [041])
and providing the speed braking signal value to the brake system for actuating the friction braking unit; (The reference discloses automatically applying at least one of front brakes and rear brake to reduce the speed of output shaft) (Heine, [041])
wherein the control of the speed of the vehicle comprises: determining a target braking duration value, (The reference discloses controller applies brakes during the third level of overspeed protection until the speed of output shaft 98 reaches a second deactivation speed.) (Heine, [042])
and determining the speed braking signal value for actuating the friction braking unit depends on the determined target braking duration value (The reference discloses apply brakes until the speed of output shaft decreases to the first deactivation speed, the first or second predetermined maximum speed, or some other suitable speed and modulate the automatically applied braking force to reduce the likelihood of vehicle losing traction and skidding) (Heine, [042]).
With regard to claim 11, Heine discloses all of the limitations of claim 9. Additionally, Heine discloses a non-transitory computer-readable storage medium comprising instructions, which when executed by the control unit, cause the control unit (The reference discloses memory containing software configured to analyze inputs from various vehicle sensors for controlling brakes, and other vehicle devices and systems.) (Heine, [026])
With regard to claim 12, Heine discloses all of the limitations of claim 9. Additionally, Heine discloses a brake system for braking at least one wheel of a vehicle, the brake system comprising a control unit (The reference discloses a brake is coupled to at least one of the front and rear wheel assemblies and is configured to apply a braking force to the at least one of the front and rear wheel assemblies and Front brakes are coupled to front axle.) (Heine, [005], [021])
With regard to claim 13, Heine discloses a vehicle comprising: (The reference discloses a vehicle) (Heine, Abstract)
A drive unit that is coupled to at least one wheel of the vehicle, (The reference discloses drive unit including engine, transmission, and drive shaft coupling to wheels) (Heine, [020])
Wherein the drive unit is configured for driving and braking the at least one wheel of the vehicle, and a sensor unit that is configured for detecting actual speed value of the vehicle, (The reference discloses the reference discloses drive unit provides both driving power and braking through transmission retarder and engine braking.) (Heine, [027])
And a brake system that is coupled to at least one wheel of the vehicle, (The reference discloses a brake is coupled to at least one of the front and rear wheel assemblies and is configured to apply a braking force to the at least one of the front and rear wheel assemblies and Front brakes are coupled to front axle.) (Heine, [005], [021])
Wherein the brake system is configured for braking the at least one wheel of the vehicle, (The reference discloses configured to apply a braking force to the at least one of the front and rear wheel assemblies.) (Heine, [005], [022])
And a control unit according to claim 9 that is signaling coupled with the sensor unit, the drive unit, and the brake system, (The reference discloses a controller is in communication with the brake and the sensor) (Heine, [004], [026])
Wherein the control unit is configured for controlling the speed of the vehicle depending on an actual driving condition of the vehicle, wherein the driving condition is one of the following: (The reference discloses the controller is configured to automatically reduce the opening of the throttle device and automatically actuate the brake based on driving condition.) (Heine, [004], [025-026], [050])
An over speed driving condition, in which the determined actual speed value is larger than the determined maximum speed value and smaller than the determined critical speed value, (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range.) (Heine, [006])
An acceleration driving condition, in which the vehicle is accelerated and the determined actual speed value is smaller than the determined maximum speed value, (The reference discloses during the first and second levels of overspeed protection depending on the acceleration, load, and slope of vehicle) (Heine, [047])
And a regular driving condition, in which the vehicle is not accelerated and the determined actual speed value is smaller than the determined maximum speed value. (The reference discloses first threshold range and second threshold range, the second threshold range being greater than the first threshold range, and activating the brake upon the detected speed being outside the second threshold range which implies having regular driving conditions as the baseline.) (Heine, [006])
With regard to claim 14, Heine discloses all of the limitations of claim 13. Additionally, Heine discloses
wherein the brake system comprises a service brake. (The reference discloses Front brakes a, b are coupled to front axle for applying a braking force to front axle. Fewer or additional front brakes may be coupled to front axle assembly. A rear brake is illustratively coupled to first axle for applying a braking force to both rear axles.) (Heine, [021])
With regard to claim 15, Heine discloses all of the limitations of claim 13. Additionally, Heine discloses wherein the sensor unit comprises at least one sensor that is configured for detecting the actual speed of the vehicle, and/or at least one sensor that is configured for detecting an actual acceleration of the vehicle, and/or at least one sensor that is configured for detecting an actual inclination of the vehicle, and/or at least one GNSS-sensor, and/or at least one sensor that is configured for detecting an actuation of a braking pedal, for example an angle sensor. (The reference discloses Speed sensor is configured to measure the speed of vehicle and provide a signal to vehicle controller representative of the measured speed and applies a braking force with at least one of front brakes and rear brake based on the detected deceleration rate of vehicle or transmission. The reference also discloses slope sensor is configured to measure the slope or grade of the ground under vehicle (i.e., the inclination angle of vehicle) and provide a signal representative of the measured ground slope to vehicle controller. Also includes brake input device that includes a slope sensor that can measure the angle for the pedal.) (Heine, [033-034] [041])
With regard to claim 16, Heine discloses all of the limitations of claim 14. Additionally, Heine discloses wherein the service brake comprises a friction brake, and/or a parking brake. (The reference discloses a brake is coupled to at least one of the front and rear wheel assemblies and is configured to apply a braking force, front brakes are coupled to front axle for applying a braking force to front axle. Fewer or additional front brakes may be coupled to front axle assembly. A rear brake is illustratively coupled to first axle for applying a braking force to both rear axles. In particular, a rear brake coupled to first rear axle may apply braking torque to second rear axle through drive shaft. Alternatively, fewer or additional rear brakes may be coupled to bogie axle assembly for braking first and second axles. For example, additional rear brakes may be coupled to first axle, and one or more rear brakes may be coupled to second axle. In one embodiment, brakes are hydraulically-actuated disc brakes. A third level of overspeed protection by automatically applying at least one of front brakes and rear brake to reduce the speed of output shaft) (Heine, [005], [021], [041])
With regard to claim 17, Heine discloses all of the limitations of claim 16. Additionally, Heine discloses wherein the service brake comprises a spring applied hydraulically released brake unit. (The reference discloses brakes, are hydraulically-actuated disc brakes, hydraulic brake control based on controller commands which is equivalent to spring braking force of the spring of the spring applied hydraulically released brake unit) (Heine, [021], [029])
With regard to claim 18, Heine discloses all of the limitations of claim 8. Additionally, Heine discloses wherein releasing the hydraulic pressure in the spring applied hydraulically released brake unit is further based on the speed braking signal value provided to the brake system being below a spring braking force of a spring of the spring applied hydraulically released brake unit. (The reference discloses brakes, are hydraulically-actuated disc brakes, hydraulic brake control based on controller commands which is equivalent to spring braking force of the spring of the spring applied hydraulically released brake unit) (Heine, [021], [029])
With regard to claim 19, Heine discloses all of the limitations of claim 1. Additionally, Heine discloses determining a target deceleration value of the vehicle, and determining the speed braking signal value for actuating the friction braking unit depends on the determined target deceleration value. (The reference discloses controller apply a varying braking command to maintain the deceleration rate of output shaft within a predetermined range of values) (Heine, [041])
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.
Claim 3 are rejected under35 U.S.C.103 as being unpatentable over Heine, as applied to independent claim 1 above, in view Davis et al. (U.S. Pub. NO. 6461273).
With regard to claim 3, Heine discloses all of the limitations of claim 1. However, Davis discloses determining a minimum braking resting duration of the friction braking unit between a prior first braking operation due to a prior first over speed driving event and a subsequent second braking operation due to a subsequent second over speed driving event, (The reference teaches time since last brake actuation as a key parameter in thermal protection calculations. The system calculates cooling periods between brake operations to determine thermal safety margins.) (Davis, Column 5 line 60-65)
and determining an actual braking resting duration between the prior first braking operation due to the prior first over speed driving event and the subsequent second braking operation due to the subsequent second over speed driving event, (The reference teaches calculating actual time intervals since last brake actual time intervals since last brake actuation and applying cooling rates over that duration. The system tracks time since last brake actuation and calculates temperature decrease based on elapsed time at cooling rates.) (Davis, Column 5 line 39-45)
wherein the speed braking signal value for actuating the friction braking unit is only provided for actuating the friction braking unit if the determined actual braking resting duration exceeds the determined minimum braking resting duration of the friction braking unit, (The reference teaches conditional brake actuation logic where brake operation is only permitted if thermal conditions are acceptable. The system evaluates whether upshift brake assist for a particular upshift is allowable by comparing predated brake temperature to maximum allowable temperature.) (Davis, Column 5 line 53-60)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified controlling a speed of a vehicle, control unit, computer program product, non-transitory computer readable storage medium, brake system, and vehicle disclosed by Heine to include the determining a minimum braking resting duration of the friction braking unit between a prior first braking operation due to a prior first over speed driving event and a subsequent second braking operation due to a subsequent second over speed driving event, and determining an actual braking resting duration between the prior first braking operation due to the prior first over speed driving event and the subsequent second braking operation due to the subsequent second over speed driving event, wherein the speed braking signal value for actuating the friction braking unit is only provided for actuating the friction braking unit if the determined actual braking resting duration exceeds the determined minimum braking resting duration of the friction braking unit of Davis. One of ordinary skill in the art would have been motivated to make this modification to incorporate critical thermal management and safety features into the vehicle's speed control and braking system. Heine discloses a system for controlling vehicle speed using the brake system, while Davis specifically addresses the issue of brake thermal limits and overheating during repeated use, particularly in the context of overspeed events or steep grades. A person skilled in the art would recognize that any system relying heavily on continuous or repeated friction braking needs a mechanism to prevent overheating and potential brake failure. Integrating the thermal protection logic from Davis—which ensures adequate cooling time (resting duration) between braking operations—into the system described by Heine is a logical and necessary design choice to enhance the safety, reliability, and durability of the braking system. The motivation is driven by the clear need to prevent a dangerous condition (brake fade/failure due to overheating) inherent in the repetitive use of friction brakes for speed control as suggested by Davis at [Column 5 line 39-45, Column 5 line 53-65].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chappell (US20110125376A1) disclosed A method for automatically controlling the downhill speed of a machine. The method includes establishing a target machine speed based on a current machine speed and determining whether at least one trigger condition including a grade greater than a predetermined threshold has been satisfied. If satisfied, the method activates a control system to control at least one of a powertrain retarder and a change in a transmission gear to prevent exceeding the target machine speed.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WENYUAN YANG whose telephone number is (571)272-5455. The examiner can normally be reached Monday - Thursday 9:00AM-5:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hitesh Patel can be reached at (571) 270-5442. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/W.Y./Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
9/16/26
Prosecution Insights