DETAILED ACTION
Specification
The objection to the specification is withdrawn due to the amendments made to the specification.
Claim Rejections - 35 USC § 101
This rejection is withdrawn due to the amendments made to the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims switch from “braking” to “breaking” this is a spelling error please correct. For the purpose of examination the claims will be understood as “braking”.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Li (U.S. Pat. No. 10,328,913).
Regarding claim 1, Li discloses A braking control system for controlling braking of a vehicle equipped with the braking control system in accordance with a state of operation by a driver of the vehicle, the braking control system comprising: a braking control device including:
Note: the following acquisition/calculation units have been broadly claimed with intended use language. The limitations from the specification that further define what is required will not be read into the claims.
an external recognition information acquisition unit (1236 includes cameras) configured to acquire external environment information of the vehicle;
a vehicle information acquisition unit (120) configured to acquire state information of the vehicle;
a reference braking force calculation unit (110) configured to calculate based on the external environment information and the state information of the vehicle, reference braking force on an approach to a corner in a direction of travel of the vehicle (col. 14, lines 64-67 discloses mapping locations of vehicles and their braking patterns to apply to other vehicles some of these location would also be corners);
a driver-input information acquisition unit (162) configured to acquire driver-input braking force information in the vehicle;
a driver-input braking force conversion unit (fig. 2a) configured to convert the driver-input braking force information into a driver-input braking force, and
a braking force calculation unit (210) configured, when receiving the driver input braking force information, to calculate a target braking force based on the reference braking force and the driver input braking force (first brake curve disclosed in col. 7, line 60 – col. 8, line 18), an auxiliary braking force, based on the target braking force for reducing uneasiness felt by the driver about braking operation (210 is fed the first curve and transforms it), and a final target braking force by using the auxiliary braking force (114 and 130)
a braking device communicatively connected to the braking device and controls the braking of the vehicle based on the final target braking force (claim 1 applies the braking).
Regarding claim 2 which depends from claim 1, Li discloses wherein when braking control is performed based on the target braking force, the braking force calculation unit limits a starting gradient of the auxiliary braking force induced by the braking control (as per claim 1 the “target braking curve” is part of all the calculations that lead to the applied braking and so braking is always performed based on target braking force. the citation has a braking curve as the limit).
Regarding claim 6 which depends from claim 2, Li discloses wherein the braking force calculation unit includes a mechanism to change the starting gradient of the auxiliary braking force induced by the braking control, in accordance with current vehicle speed and road surface pi information, each acquired by the vehicle information acquisition unit, the external environment information, such as travel path curvature, acquired by the external recognition information acquisition unit, and the state of operation by the driver acquired by the driver-input information acquisition unit (210 works to transform the gradient).
Regarding claim 3 which depends from claim 1, Li discloses wherein when, due to the braking control executed, speed of the vehicle has been sufficiently decreased and the reference braking force has reached zero, the braking force calculation unit sets a decreasing gradient of the auxiliary braking force until end of the braking control, and limits a sudden change in amount of the braking control (shown in fig. 2b).
Regarding claim 7 which depends from claim 3, Li discloses wherein the braking force calculation unit includes a mechanism to change the decreasing gradient of the auxiliary braking force until the end of the braking control, in accordance with a state of applying the auxiliary braking force until immediately before the auxiliary braking force decreases (shown in fig. 2b is the ability to change the braking curve).
Regarding claim 4 which depends from claim 1, Li discloses wherein when the braking control is performed based on the target braking force, the braking force calculation unit limits a maximum output value of the auxiliary braking force applied under the braking control (as per claim 1 the “target braking curve” is part of all the calculations that lead to the applied braking and so braking is always performed based on target braking force. the citation has a braking curve as the limit).
Regarding claim 8 which depends from claim 4, Li discloses wherein the braking force calculation unit includes a mechanism to increase or decrease an auxiliary braking force limit value as the maximum output value of the auxiliary braking force, in accordance with current vehicle speed and road surface pi information, each acquired by the vehicle information acquisition unit, the external environment information, such as travel path curvature, acquired by the external recognition information acquisition unit, and the state of operation by the driver acquired by the driver-input information acquisition unit (shown in fig. 2b is the ability to change the braking curve).
Regarding claim 5 which depends from claim 1, Li discloses wherein during the braking control, on determination, based on the driver- input braking force information, that the driver has completed input of the braking force, the braking force calculation unit promptly ends the braking control even when the target braking force has not been achieved yet (when the brake pedal is not being used no braking is applied since this is an adjustment to the braking force requested by the brake pedal).
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(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (U.S. Pat. No. 10,328,913) as applied to claims 1 and 5 above, and in view of Tsurumi (U.S. Pat. No. 11,190,533).
Regarding claim 9 which depends from claim 5, Li does not disclose the limitations of claim 9. Tsurumi, which deals in braking, teaches wherein the braking force calculation unit calculates physical speed limit based on the external environment information, such as travel path curvature, acquired by the external recognition information acquisition unit, together with road surface pi information acquired by the vehicle information acquisition unit, and only when having determined, based on comparison between current vehicle speed acquired by the vehicle information acquisition unit and the physical speed limit, that a sufficient deceleration of the vehicle has not been effectively achieved, the braking force calculation unit continues with the braking control even when the determination has been made based on the driver-input braking force information that the driver has completed the input of the braking force (col. 41, lines 9-25 teaches emergency braking by the controller).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Li with the emergency braking of Tsurumi because this helps to avoid collisions (col. 41, lines 10-12).
Response to Arguments
Applicant's arguments filed 01/23/26 have been fully considered but they are not persuasive. Applicant argues for the amendments and limitations made to the claims which have been addressed above. Where certain limitations have been further explained by where they can be found in the specification they do not point out how that is different from the citations made to the Li reference. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The citations are construed as addressing the claimed limitations.
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.
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GONZALO LAGUARDA
Primary Examiner
Art Unit 3747 email: gonzalo.laguarda@uspto.gov
/GONZALO LAGUARDA/Primary Examiner, Art Unit 3747