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 .
DETAILED ACTION
Status of the Claims
This action is in response to applicant’s filing on November 19, 2025. Claims 5 and 15 have been canceled by the applicant. Claims 1-4, 6-14 and 16-20 are pending.
Response to Arguments
Applicant’s arguments, see page 8, filed November 19, 2025, with respect to 35 U.S.C. 112(b) have been fully considered and are persuasive. The rejection of claims 1-10 have been withdrawn.
Applicant's arguments filed November 19, 2025 have been fully considered but they are not persuasive. Applicant essentially argues that the claim amendments overcome the cited art. The examiner respectfully disagrees as the application is silent as to how the control system could predict actuation and non-actuation periods. In addition, the examiner contends that the energy accumulated is substantially the same as the predicted brake temperature taught by Cao and that in conjunction with the present reference not teaching predicting actuation and non-actuation periods, the claim amendments do not place the claims in condition for allowance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6-14 and 16-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claim 1, the claim recites the phrase “predict actuation and non-actuation periods of the friction brake system during the upcoming downhill grade”. The specification is silent as to how such prediction is made. The specification mentions energy accumulated by the friction brake system and actuation/non-actuation periods of the friction brakes but not the prediction of such periods. Because of this, the amount of direction provided is minimal and the quantity of experimentation needed to make or use the invention based on the content of the disclosure would be substantial. Therefore, the claim fails to comply with the enablement requirement. Appropriate correction is required.
Claims 2-4 are rejected as being dependent on a rejected base claim.
Regarding claim 6, the claim recites the phrase “the estimated energy dissipation is based on an air-cooling energy decay rate from the friction brake system”. The specification is silent as to such decay rate as ¶ [0016] is the only use of the word decay. Because of this, the amount of direction provided is minimal and the quantity of experimentation needed to make or use the invention based on the content of the disclosure would be substantial. Therefore, the claim fails to comply with the enablement requirement. Appropriate correction is required.
Claims 7-10 are rejected as being dependent on a rejected base claim.
Regarding claim 11, the claim recites the phrase “predict actuation and non-actuation periods of the friction brake system during the upcoming downhill grade”. The specification is silent as to how such prediction is made. The specification mentions energy accumulated by the friction brake system and actuation/non-actuation periods of the friction brakes but not the prediction of such periods. Because of this, the amount of direction provided is minimal and the quantity of experimentation needed to make or use the invention based on the content of the disclosure would be substantial. Therefore, the claim fails to comply with the enablement requirement. Appropriate correction is required.
Claims 12-14 are rejected as being dependent on a rejected base claim.
Regarding claim 16, the claim recites the phrase “the estimated energy dissipation is based on an air-cooling energy decay rate from the friction brake system”. The specification is silent as to such decay rate as ¶ [0016] is the only use of the word decay. Because of this, the amount of direction provided is minimal and the quantity of experimentation needed to make or use the invention based on the content of the disclosure would be substantial. Therefore, the claim fails to comply with the enablement requirement. Appropriate correction is required.
Claims 17-20 are rejected as being dependent on a rejected base claim.
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.
Claim(s) 1-4, 6-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cao et al., US 2025/0018826 A1.
Regarding claim 1, Cao teaches a control system for an electrified vehicle, the control system comprising:
a friction brake system configured to apply a frictional force to a driveline system of the electrified vehicle to decelerate the electrified vehicle; (Cao, see at least ¶ [0042] “The brake system 140 may include a brake control module 170, brake actuators 172, and brakes 174. The brakes 174 include brake calipers, rotors and pads.”) and
a controller configured to, based on a set of operating parameters obtained using a set of sensors of the electrified vehicle, detect an upcoming downhill grade and, in response to detecting the upcoming downhill grade: (Cao, see at least ¶ [0085] “At 400, the EDAM module 104 receives, an expected path of the vehicle 100, grade (or slope) of road, distance to be traveled for current road grade, and vehicle speed. The EDAM module 104 may receive other and/or additional parameters.”
predict actuation and non-actuation periods of the friction brake system during the upcoming downhill grade; (Cao, see at least ¶ [0079] “ As another example, if a brake temperature is predicted to be greater than a predetermined threshold (e.g., 500° F.), then the EDAM module 104 may iteratively adjust the amount of energy to be dissipated until the predicted temperature is less than and within a predetermined range of the predetermined threshold.”)
estimate a future energy accumulation of the friction brake system during the upcoming downhill grade by (i) estimating an energy accumulated by the friction brake system during the predicted actuation periods (Cao, see at least ¶ [0079] “ As another example, if a brake temperature is predicted to be greater than a predetermined threshold (e.g., 500° F.), then the EDAM module 104 may iteratively adjust the amount of energy to be dissipated until the predicted temperature is less than and within a predetermined range of the predetermined threshold.”) and (ii) estimating an energy dissipation from the friction brake system during the predicted non-actuation periods; (Cao, see at least ¶ [0104] “The vehicle control module 102 may autonomously pull the vehicle 100 over in a safe location and stop the vehicle 100 to allow the brakes to cool down.”) and
control enablement/disablement of a power dissipation mode of the electrified vehicle when the estimated future energy accumulation exceeds an energy accumulation threshold corresponding to overheating of the friction brake system, (Cao, see at least ¶ [0106] “The examples described herein further include a look ahead strategy to trigger the eBurn mode. This strategy uses route information in conjunction with the brake system thermal model to predict a brake thermal estimate throughout a route being traveled. If the brake thermal estimate exceeds the thermal threshold, then the EDAM module calculates requested energy dissipation based on the brake system thermal model, which is an iterative calculation algorithm. The examples provide the strategy to prevent frequent mode switching to avoid potential physical system damage as well as a driver override strategy.”)
wherein the power dissipation mode includes intentionally dissipating at least some of the electrified vehicle's potential energy using a set of power dissipation components of the electrified vehicle. (Cao, see at least ¶ [0044] “During the eBurn mode, and as an example, the EDAM module 104 may control the motor control system 150, the BEV HVAC system 152, the fuel cell system 142, and/or one or more other systems and devices to burn energy. As an example, a motor may be operated inefficiently to burn additional energy. The motor may be run for propulsion purposes and when in the eBurn mode may be operated inefficiently to provide the same output torque as when not in the eBurn mode and run efficiently. The motor control module 176 may adjust the flux current and/or frequency of the motors 178 when adjusting the operating efficiency of the motors 178. The motor current may be adjusted to generate a same amount of output torque but inefficiently by generating heat with the motors 178. As a result, more power is used to output a same amount of torque.”)
Regarding claim 2, Cao teaches a control system for an electrified vehicle wherein the estimated future energy accumulation is further based on a modeled temperature of the friction brake system. (Cao, see at least ¶ [0079] “As another example, if a brake temperature is predicted to be greater than a predetermined threshold (e.g., 500° F.), then the EDAM module 104 may iteratively adjust the amount of energy to be dissipated until the predicted temperature is less than and within a predetermined range of the predetermined threshold.”)
Regarding claim 3, Cao teaches a control system for an electrified vehicle, wherein the controller is configured to access a temperature model for the friction brake system by a separate controller associated with the friction brake system, and wherein the temperature model is configured to model the temperature of the friction brake system based on a set of input parameters. (Cao, see at least ¶ [0040] “The vehicle control module 102 and/or the EDAM module 104 may control operation of the brake system 140, a motor control system 150, a BEV HVAC system 152, a steering system 154, and the fuel cell system 142 according to and/or based on parameters set by the modules 102, 104, 106, 108. The vehicle control module 102 may set some of the parameters based on signals received from the sensors 126. The vehicle control module 102 may receive power from one or more power sources 160, which may be provided to the brake system 140, the motor control system 150, the BEV HVAC system 152, the steering system 154, etc. Some of the vehicle control operations may include powering any of the systems 140, 150, 152, 154, and/or performing other operations as are further described herein. The vehicle control module 102 may autonomously control operation of the vehicle 100 including controlling the stated systems 140, 150, 152, 154.”)
Regarding claim 4, Cao teaches a control system for an electrified vehicle, wherein the controller is a supervisory controller or a hybrid control processor (HCP) and the separate controller associated with the friction brake system is a body control module (BCM) or brake system module (BSM). (Cao, see at least ¶ [0037] “The vehicle 100 includes a vehicle control module 102, which includes an EDAM module 104 for controlling activation, deactivation, and management of energy dissipation. The vehicle 100 may further include an infotainment module 106 and other control modules 108. The modules 102, 104, 106, 108 may communicate with each other via one or more buses 110, such as a controller area network (CAN) bus and/or other suitable interfaces. The vehicle control module 102 may control operation of vehicles systems and include a mode selection module 112, a parameter adjustment module 114, as well as other modules. The EDAM module 104 and/or the mode selection module 112 may select a vehicle operating mode. The modules 104, 112, 114 may adjust various parameters of the vehicle 100.”)
Regarding claim 7, Cao teaches a control system for an electrified vehicle, wherein the thermal parameter threshold is an accumulated energy by the friction brake system that energy accumulation threshold corresponds to an overheat temperature of the friction brake system. (Cao, see at least ¶ [0079] “As another example, if a brake temperature is predicted to be greater than a predetermined threshold (e.g., 500° F.), then the EDAM module 104 may iteratively adjust the amount of energy to be dissipated until the predicted temperature is less than and within a predetermined range of the predetermined threshold.”)
Regarding claim 8, Cao teaches a control system for an electrified vehicle, wherein the set of power dissipation components includes a regenerative braking system of the electrified vehicle. (Cao, see at least ¶ [0033] “The examples include engagement and disengagement of an energy dissipation (or eBurn) mode during which one or more systems are dissipating electrical energy. When engaged, the electrical energy is being dissipated to increase storage space of electrical energy for the system(s) requesting energy dissipation. As an example, a braking system may request energy dissipation and one or more other systems may dissipate electrical energy to allow a motor to perform regenerative braking and maintain brake temperatures below predetermined thresholds.”)
Regarding claim 9, Cao teaches a control system for an electrified vehicle,, wherein the set of power dissipation components includes an engine of the electrified powertrain, and wherein motoring the engine consumes at least some kinetic energy of the electrified vehicle during the downhill grade. (Cao, see at least ¶ [0018] “In other features, a method of operating an EDAM system of a vehicle is disclosed. The method includes: generating via at least one requestor system a request to burn energy stored in at least one battery pack of the vehicle; burn energy via stored in the at least one battery pack via at least one dissipator system; determining a status of the at least one requestor system; and based on the request and the status of the at least one requestor system, signaling the at least one dissipator system to burn energy stored in the at least one battery pack.”)
Regarding claim 10, Cao teaches a control system for an electrified vehicle, wherein the set of power dissipation components further includes one or more accessory loads each configured to be powered by a high voltage battery system associated with the regenerative braking system. (Cao, see at least ¶ [0036] “FIG. 1 shows a vehicle 100, which includes an EDAM system 101 for activating and managing dissipation of electrical energy via systems of the vehicle 100. The phrase “burning of energy” may be refer to the dissipation of energy by the at least one dissipator system to reduce an amount of energy stored in the at least one battery pack. This may be done to increase an amount of available storage in the at least one battery pack for energy generated by the at least one requestor system. The burning of energy may further be defined as the dissipating of energy from the at least one battery pack via the at least one dissipator system to increase available energy storage of the at least one battery pack and not to perform another vehicle operation via the at least one dissipator system.”)
Claims 11-14 and 17-20 are rejected using substantially the same rationale as claims 1-4 and 7-20 above.
Allowable Subject Matter
Claims 6 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 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.
Inquire
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P SWEENEY whose telephone number is (313)446-4906. The examiner can normally be reached on Monday-Thursday from 7:30AM to 5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James J. Lee, can be reached at telephone number 571-270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P SWEENEY/Primary Examiner, Art Unit 3668
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