DEVICE AND METHOD FOR DETERMINING
A HYDRAULIC FLUID PARAMETER OF
A TRANSMISSION OF A VEHICLE
FIRST OFFICE ACTION
This action is in response to the Applicant’s preliminary amendment of May 06, 2024.
DRAWINGS
The drawings have been considered and approved.
TITLE
The title has been considered and approved.
ABSTRACT
The abstract has been considered and approved.
SPECIFICATION
The specification has been considered and approved.
CLAIMS
In the event that the determination of the status of the application as subject to AIA is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the rationale supporting the rejection would be the same.
Objections
Claim 18, line 1; the phrase “for transmission” should be changed to --for a transmission--.
35 U.S.C. § 112
In accordance with 35 U.S.C. 112(b), the specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 - 18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to point out and distinctly claim the subject matter which the inventors regard as the invention.
Independent claim 1, lines 3-4; the limitations of “receiving from a sensor a measurement of the hydraulic fluid parameter” and “receiving a further parameter different from the hydraulic fluid parameter” are indefinite as to what is doing the receiving.
Claim 18 is indefinite as to how the hydraulic circuit, as claimed, relates to the device for determining a hydraulic fluid parameter of claim 17.
35 U.S.C. § 101
In accordance with 35 U.S.C. 101, 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.
Claims 1 - 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea (ie. a judicial exception) without any additional elements being claimed that are sufficient to amount to significantly more than the judicial exception.
Independent claim 1 sets forth the following:
A computer implemented method for determining a hydraulic fluid parameter of a hydraulic clutch for a transmission of a vehicle, comprising:
receiving from a sensor a measurement of the hydraulic fluid parameter;
receiving a further parameter different from the hydraulic fluid parameter;
estimating the hydraulic fluid parameter based on at least the obtained further parameter; and
comparing the received sensed hydraulic fluid parameter with the estimated hydraulic fluid parameter.
Analysis of independent claim 1 reveals that the claim is directed to a method which comprises receiving a measurement, receiving a parameter, estimating a parameter, and comparing the received parameter to the estimated parameter, all of which can be accomplished by a mere mental process (ie. abstract idea) of data gathering, mathematical manipulation, and simple observation. No additional elements have been set forth in independent claim 1 which amounts to significantly more than a mental process of data gathering.
Dependent claims 2 - 16 merely define elements set forth in claim 1 and add no additional steps that amount to significantly more than a mental process (ie. abstract idea).
35 U.S.C. § 102
In accordance with 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless 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 - 3, 9, 10, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brinkman et al. (2019/0063474).
With respect to independent claim 1, Brinkman et al. set forth a computer implemented method for determining a hydraulic fluid parameter of a hydraulic clutch for a transmission of a vehicle (see claim 1 thereof), comprising:
receiving from a sensor (pressure sensor) a measurement of the hydraulic fluid parameter (pressure);
receiving a further parameter (fluid temperature) different from the hydraulic fluid parameter;
estimating the hydraulic fluid parameter (pressure) based on at least the obtained further parameter (temperature); and
comparing the received sensed hydraulic fluid parameter with the estimated hydraulic fluid parameter (see comparing step of claim 1).
With respect to claim 2, Brinkman et al. set forth that the hydraulic parameter includes a hydraulic pressure of the hydraulic fluid (see claim 1 of Brinkman et al.).
With respect to claim 3, Brinkman et al. set forth that the further parameter includes a hydraulic fluid temperature (see claim 1 of Brinkman et al.).
With respect to claim 9, Brinkman et al. set forth that the hydraulic parameter includes a temperature of the hydraulic fluid (see claim 1 of Brinkman et al.).
With respect to claim 10, Brinkman et al. set forth that the further parameter includes a hydraulic pump speed (paragraph 53).
With respect to claim 17, Brinkman et al. set forth a device for determining a hydraulic fluid parameter of a hydraulic fluid for a hydraulic clutch of a transmission of a vehicle (see claim 1 thereof), the device comprising:
a first sensor (pressure sensor) arranged for sensing the hydraulic fluid parameter (pressure);
a receiver arranged for receiving a further parameter (fluid temperature) different from the hydraulic fluid parameter;
an estimator arranged for estimating the hydraulic fluid parameter (pressure) based on at least the received further parameter (temperature); and
a comparator arranged for comparing the sensed hydraulic fluid parameter with the estimated hydraulic fluid parameter (see comparing step of claim 1).
With respect to claim 18, Brinkman et al. set forth a hydraulic unit for a hydraulic clutch system for transmission of a vehicle (paragraph 28), comprising a hydraulic circuit including a hydraulic fluid for use in operating a clutch of the transmission (paragraph 29) in addition to the device of claim 17.
CITED DOCUMENTS
The Applicant’s attention is directed to the “PTO-892” form for the relevant art made of record at the time of this Office Action.
CONTACT INFORMATION
Any inquiry concerning this communication from the Examiner should be directed to Eric S. McCall whose telephone number is 571-272-2183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/Eric S. McCall/Primary Examiner
Art Unit 2855
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