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 .
Status of Claims
This Office Action is in response to U.S. Patent Application No. 18/630,868, filed April 9, 2024. Claims 1-20 are presently pending and are presented for examination. Of these claims, claims 12-16 are withdrawn from further consideration.
Response to Restriction/Election Requirement
In Response to the Restriction/Election Requirement dated September 10, 2025, Applicant elected, without traverse, Species I, directed towards claims 1-11 and 17-20.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on July 12, 2024 is in compliance with the provisions of 37 CFT 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a “controller,” as recited in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In looking at the Specification, a “controller” comprises a microcomputer, including elements such as a microprocessor unit, input/output ports, an electronic storage medium for executable programs and calibration values, e.g., a read-only memory chip, random access memory, keep alive memory, and a data bus, as recited in on page 11, lines 12-20.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, 5, 8-11 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. 2024/0182041, to Laine et al. (hereinafter Laine).
As per claim 1, Laine discloses a method (e.g. see Abstract, wherein a method of controlling motion of a vehicle is provided based upon the generation of a tire model further based upon tire parameters including input data, the motion control being based upon a relationship between wheel slip and generated wheel force), comprising: acquiring an audio signal from an audio source and, responsive to acquiring the audio signal, generating a first motor input command for a first traction motor driving a wheel of a vehicle system (e.g. see para 0074, wherein the input data comprises data from acoustic sensors (i.e. audio signal); and see para 0059, wherein the method includes controlling a propulsion device 310 (such as an electric machine (i.e. traction motor)); and see para 0074, wherein controlling is based upon the tire models, which as indicated above are based upon tire parameters including the input data and in one particular aspect the acoustic sensors to generated a first motor input command); acquiring a vehicle tactile feedback signal from the vehicle system and, responsive to acquiring the vehicle tactile feedback signal, generating a second motor input command for the first traction motor (e.g. see para 0074, wherein the input data comprises data from vibration sensors (i.e. vehicle tactile feedback signal); and see para 0059, wherein the method includes controlling a propulsion device 310 (such as an electric machine (i.e. traction motor)); and see para 0074, wherein controlling is based upon the tire models, which as indicated above are based upon tire parameters including the input data and in one particular aspect the vibration sensors to generate a second motor input command); acquiring a drive signal from a controller of a vehicle and, responsive to acquiring the drive signal, generating a third motor input command for the first traction motor (e.g. the Office notes that should no slip occur, as a result of no input data being generated or at least the absence of acoustic and vibration data, a third motor input command would be generated); and outputting one or more of the first motor input command, the second motor input command, and the third motor input command to the first traction motor (e.g. see para 0059-0060, wherein a wheel 330 is controlled through one or more motion support device control units that are based upon a slip condition ascertained by tire properties and behavioral characteristics ascertained through the input data).
As per claim 4, Laine discloses the features of claim 1, and further discloses wherein the third motor input command is configured to drive the first traction motor to drive rotation of the wheel of the vehicle system (e.g. see para 0059-0060, wherein a wheel 330 is controlled through one or more motion support device control units that are based upon a slip condition ascertained by tire properties and behavioral characteristics ascertained through the input data; also the Office notes that should no slip occur, as a result of no input data being generated or at least the absence of acoustic and vibration data, a third motor input command would be generated).
As per claim 5, Laine discloses the features of claim 1, and further discloses further comprising evaluating vehicle operating conditions (e.g. para 0009, wherein vehicle operating parameters, such as vehicle speed are monitored).
As per claim 8, Laine discloses the features of claim 6, and further discloses further comprising outputting the second motor input command to the first traction motor in response to determining that the vehicle is in a park mode and/or a drive mode (e.g. see Abstract wherein a method of controlling motion of a vehicle is provided based upon a relationship between wheel slip and generated wheel force (i.e. outputting motor commands while the vehicle is in a drive mode).
As per claim 9, Laine discloses the features of claim 8, and further discloses wherein outputting the second motor input command includes halting output of the first motor input command to the first traction motor (e.g. the Office notes that first motor command is based upon acoustic sensor data, accordingly, a subsequently observed vibration sensor data would change a motor output, based upon the acoustic sensor data, to a motor output based upon the vibration sensor data thereby terminating motor output based upon the acoustic sensor data (i.e. first motor input command)).
As per claim 10, Laine discloses the features of claim 5, and further discloses further comprising outputting the third motor input command to the first traction motor in response to determining that the vehicle is in a drive mode (e.g. see Abstract wherein a method of controlling motion of a vehicle is provided based upon a relationship between wheel slip and generated wheel force (i.e. outputting motor commands while the vehicle is in a drive mode).
As per claim 11, Laine discloses the features of claim 10, and further discloses wherein outputting the third motor input command includes halting output of the first motor input command and/or halting output of the second motor input command (e.g. the Office notes that first and second motor commands are based upon acoustic or vibration sensor data, accordingly, should there be no further input to indicate a slip state, the corresponding motor output would terminate and the third motor input command would ensue where no slip correction would be made (i.e. third motor input command)).
As per claim 17, Laine discloses A vehicle system (e.g. see Abstract, wherein a method of controlling motion of a vehicle is provided based upon the generation of a tire model further based upon tire parameters including input data, the motion control being based upon a relationship between wheel slip and generated wheel force), comprising: a traction motor configured to drive a wheel of a vehicle system (e.g. see Fig. 1 and para 0059, wherein an electric machine is utilized to control the wheel of a vehicle); and a controller with computer readable instructions that (e.g. see Fig. 3, and para 0059, wherein control unit(s) 340 are provided to control the electric machines), when executed, cause the controller to: acquire an audio signal from an audio source and, responsive to acquiring the audio signal, generate a first motor input command for the traction motor (e.g. see para 0074, wherein the input data comprises data from acoustic sensors (i.e. audio signal); and see para 0059, wherein the method includes controlling a propulsion device 310 (such as an electric machine (i.e. traction motor)); and see para 0074, wherein controlling is based upon the tire models, which as indicated above are based upon tire parameters including the input data and in one particular aspect the acoustic sensors to generated a first motor input command); acquire a vehicle tactile feedback signal from the vehicle system and, responsive to acquiring the vehicle tactile feedback signal, generating a second motor input command for the traction motor (e.g. see para 0074, wherein the input data comprises data from vibration sensors (i.e. vehicle tactile feedback signal); and see para 0059, wherein the method includes controlling a propulsion device 310 (such as an electric machine (i.e. traction motor)); and see para 0074, wherein controlling is based upon the tire models, which as indicated above are based upon tire parameters including the input data and in one particular aspect the vibration sensors to generate a second motor input command); and acquire a drive signal and, responsive to acquiring the drive signal, generating a third motor input command for the traction motor (e.g. the Office notes that should no slip occur, as a result of no input data being generated or at least the absence of acoustic and vibration data, a third motor input command would be generated).
As per claim 18, Laine discloses the features of claim 17, and further discloses further comprising a second traction motor configured to drive a second wheel of the vehicle system (e.g. see Figs. 1 and 3, wherein propulsion devices 310 are provided, which would be for each axle of wheels 170).
As per claim 19, Laine discloses the features of claim 18, and further discloses wherein the instructions are configured to output the first motor input command to the traction motor and to the second traction motor (e.g. see Figs. 1 and 3, and para 0034, wherein at least one pair of drive wheels 170 are driven).
As per claim 20, Laine discloses the features of claim 18, and further discloses wherein the instructions are configured to output the first motor input command to the traction motor and to output the second motor input command to the second traction motor (e.g. see Figs. 1 and 3, and para 0034, wherein at least one pair of drive wheels 170 are driven, the Office further notes that during acoustic input the first motor input would be output to both sets of drive wheels and during vibration input the second motor input would also be output to both sets of drive wheels, hence, the first motor input command is outputted to the traction motor and the second motor input command is outputted to the second traction motor, albeit at different times).
Allowable Subject Matter
Claim 2-3 and 6-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims:
The following is an examiner’s statement of reasons for allowance:
With respect to claims 2 and 3, the feature of the first traction motor providing tactile energy to a body of the vehicle, when considered in view of other claimed features, renders the claims novel and nonobvious over the prior art of record. The Office further notes that primary reference Laine discloses mitigating slip conditions, as determined, in one configuration, through vibrational sensing. Accordingly, it would not be obvious to modify Laine to teach generating tactile energy to the body of the vehicle since the invention is related to mitigating vibration.
With respect to claim 6, the outputting the first motor input command to the first traction motor in response to determining that the vehicle is in a park mode, when considered in view of other claimed features, renders the claims novel and nonobvious over the prior art of record. The Office further notes that primary reference Laine discloses mitigating slip conditions. Accordingly, it would not be obvious to modify Laine to teach outputting the first motor input command when the vehicle is not in motion, such as in a park mode. Claim 7 is dependent upon claim 6 and would be allowable for the same reasons.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. McPherson whose telephone number is (313) 446-6543. The examiner can normally be reached on 7:30 AM - 5PM Mon-Fri Eastern Alt Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on 571 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES M MCPHERSON/Primary Examiner, Art Unit 3663B