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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 20, 2024 is considered by the
examiner.
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)(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, 3-11, and 13-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wolff, et al. (U.S. Patent Application Publication No. 20180065629).
Regarding claim 1, Wolff, et al. teaches: A method of providing closed-loop vehicle braking, comprising: providing a first braking pulse to slow a vehicle; (Paragraph [0045]: "…traction motors (114), (116) may also provide a braking force or braking effort for controlling the speed of the vehicle (10) on which the drive system (100) is deployed [providing braking pulse to slow vehicle]." ; Paragraph [0050]: "…control unit or controller (142) is configured to automatically apply the service brakes (138), (140) and/or control the torque output of the wheel motors (114), (116) to hold the vehicle (10) at zero speed or near zero speed on grade during various operating conditions, without input from an operator of the vehicle, in order to prevent inadvertent rollback [braking control of vehicle to slow down vehicle].")
in response to providing the first braking pulse, receiving a feedback signal indicating a current vehicle speed of the vehicle; (Steps (410) - (414), Fig. 4, Paragraph [0053]: "…when the operator releases the accelerator pedal at (410), the controller (142) is configured to determine a target maximum deceleration based upon payload, vehicle speed and/or estimated grade at (412) [controller determines feedback signal based on speed]")
and in response to receiving the feedback signal, providing a second braking pulse based on the feedback signal to slow the vehicle using closed-loop control, (Step (414), Paragraph [0053]: "…and to control torque as needed to maintain vehicle deceleration to less than the maximum deceleration rate and to slow the vehicle, at (414) [slowing the vehicle]." ; Method (1300), Steps (1300) - (1306), Fig. 14, Paragraph [0065]: "The method (1300) can provide a closed loop process for controlling acceleration of the vehicle following the release of brakes while the vehicle is on a grade [closed-loop control] […] At (1304), a determination is made as to whether the brakes are released. For example, the controller (142) can release the brakes responsive to receipt of operator input. If the brakes are released, then flow of the method (1300) can proceed toward (1306). Otherwise, flow of the method (1300) can return toward (1304) [braking cycle based on feedback signal - application and release of brakes].")
the first braking pulse differing from the second braking pulse in at least one of engagement duration or release duration (Step (712), Paragraph [0064]: "…the controller (142) may hold the brakes on for a predetermined (e.g., non-zero) duration after applying the accelerator pedal, and then release the brakes. In this embodiment, the controller (142) employs a time delay before releasing the brakes [change in release duration].").
Regarding claim 3, Wolff, et al. teaches: The method of claim 1, further comprising: prior to providing the first braking pulse, accessing a target deceleration profile to obtain a vehicle deceleration rate based on the current vehicle speed, the vehicle deceleration rate indicating a target rate of deceleration of the vehicle; (Step (810), Paragraph [0069]: "For example, as discussed above in connection with FIG. 4, after an operator releases the accelerator pedal [prior to providing first braking pulse], the controller (142) may determine a target maximum deceleration and control the drive system (100) to provide torque as needed to limit the maximum deceleration rate. This allows the vehicle to be reduced to a very low speed and maintain a commanded direction of travel, as illustrated at (810) [obtain vehicle deceleration rate based on current speed and creation of target rate of vehicle deceleration].")
and wherein providing the first braking pulse includes generating the first braking pulse based on the vehicle deceleration rate (Step (812), Paragraph [0069]: "An operator may then apply the service brake or park brake at zero speed to maintain the vehicle in a stationary condition, as shown at (812) [generating first braking pulse based on vehicle deceleration rate].").
Regarding claim 4, Wolff, et al. teaches: The method of claim 3, wherein accessing the target deceleration profile includes: identifying, from a plurality of predefined vehicle speed ranges, a particular vehicle speed range that includes the current vehicle speed, the plurality of predefined vehicle speed ranges corresponding to a respective plurality of vehicle deceleration rates in the target deceleration profile; (Paragraph [0054]: "The target maximum deceleration (or upper deceleration limit) can decrease for heavier payloads (or increase for lighter payloads), can decrease for slower vehicle speeds (or increase for faster vehicle speeds) [vehicle speed ranges as a function of deceleration rates]" ; Paragraph [0076]: "The controller (142) can determine a designated direct current amount from a previously determined amount or based on the payload, grade, and/or speed of the vehicle (moving up the grade) [deceleration profile]")
and acquiring the vehicle deceleration rate corresponding to the particular vehicle speed range (Paragraph [0077]: "This determined amount of direct current is then applied or supplied to one or more alternating current motors (114), (116) of the drive system (100) [selection of current associated with deceleration rate as a function of vehicle speed]." ; Paragraph [0121]: ""The controller is configured to monitor the deceleration of the vehicle, and to automatically prevent the deceleration of the vehicle from exceeding the upper non-zero limit by controlling one or more of a brake or a motor of the vehicle. The controller also is configured to one or more of actuate the brake or supply current to the motor of the vehicle to prevent rollback of the vehicle while the vehicle is moving up the grade at a non-zero speed [control of current to ensure proper deceleration range - example].").
Regarding claim 5, Wolff, et al. teaches: The method of claim 3, further comprising: after receiving the feedback signal, obtaining a second vehicle deceleration rate based on the current vehicle speed, the second vehicle deceleration rate being different from the vehicle deceleration rate; (Paragraph [0109]: "The drive system control unit (1116) may be configured to automatically control the amount and rate by which the friction brake application increases concurrently with the decrease in electric retarding such that (i) an overall deceleration profile (change in velocity over time from a current non-zero velocity to zero velocity) of the vehicle is linear (and thereby smooth-seeming to human operators) [second vehicle deceleration rate based on current vehicle speed - can be determined automatically without operator intervention]")
and wherein providing the second braking pulse includes generating the second braking pulse based on the second vehicle deceleration rate (Paragraph [0109]: "and (ii) proportional in terms of rate to one or more inputs from an operator control, e.g., the drive system control unit would control the decrease in electric retarding and concurrent increase in friction braking [providing second braking pulse] to provide faster deceleration responsive to an input from an operator control for a higher degree/rate of braking [second vehicle deceleration rate] versus an input from the operator control for a lower degree/rate of braking.").
Regarding claim 6, Wolff, et al. teaches: The method of claim 1, wherein providing the first braking pulse includes: directing a brake of the vehicle to maintain an engaged state that provides braking resistance to the vehicle until the feedback signal indicates a target decrease in the current vehicle speed; (Paragraph [0050]: "…the control unit or controller (142) is configured to automatically apply the service brakes (138), (140) and/or control the torque output of the wheel motors (114), (116) to hold the vehicle (10) at zero speed or near zero speed on grade during various operating conditions, without input from an operator of the vehicle, in order to prevent inadvertent rollback [provides braking resistance to vehicle until targeted decrease in speed measurement is met].")
and in response to the feedback signal indicating the target decrease in the current vehicle speed, directing the brake to transition from the engaged state to a released state that removes the braking resistance (Step (834), Paragraph [0071]: "…at (834), controller (142) is configured to automatically release the brakes when the accelerator pedal is applied by an operator and the available torque exceeds a threshold level sufficient to prevent vehicle rollback [released state - feedback indicating prior decrease in speed and availability to increase speed smoothly as a function of vehicle torque]. This control permits the vehicle to transition from the stationary condition to smooth movement in a selected direction of travel.").
Regarding claim 7, Wolff, et al. teaches: The method of claim 6, wherein providing the first braking pulse further includes: directing the brake to, after the brake transitions from the engaged state to the released state, maintain the released state for a predefined amount of time; (Step (424), Paragraph [0057]: "…if no accelerator pedal or brake input (e.g., manual engagement of the brakes by an operator) is received after a predetermined time has elapsed, then the brakes (138), (140) are then released, at (424) [transition to released state]. In either embodiment, the brakes may be automatically applied at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) [maintain released state for predefined period of time before reapplication]")
and wherein providing the second braking pulse includes: directing the brake to re-transition from the released state to the engaged state to provide the braking resistance to the vehicle (Paragraph [0057]: "In either embodiment, the brakes may be automatically applied at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) and vehicle deceleration [maintain released state for predefined period of time before reapplication].").
Regarding claim 8, Wolff, et al. teaches: The method of claim 1, wherein providing the first braking pulse includes: directing a brake of the vehicle to maintain an engaged state that provides braking resistance to the vehicle for a predefined amount of time; (Step (422), Paragraph [0056]: "…then the controller (142) automatically applies the service brakes (138), (140) at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) and vehicle deceleration, at (422) [directing brake to maintain engaged state - vehicle braking resistance for predefined amount of time].")
and after directing the brake to maintain the engaged state for the predefined amount of time, directing the brake to maintain a released state that removes the braking resistance for an amount of time based on the current vehicle speed (Step (424), Paragraph [0057]: "Further, if no accelerator pedal or brake input (e.g., manual engagement of the brakes by an operator) is received after a predetermined time has elapsed, then the brakes (138), (140) are then released, at (424) [brake is engaged for predefined amount of time and then braking resistance is removed]. In either embodiment, the brakes may be automatically applied at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) and vehicle deceleration [amount of time based on current vehicle speed].").
Regarding claim 9, Wolff, et al. teaches: The method of claim 1, wherein receiving the feedback signal includes: receiving, as the current vehicle speed, a current rotational speed of an electric motor of the vehicle, the electric motor being constructed and arranged to provide drive to the vehicle (Step (612), "The traction motors (114), (116) provide the tractive power to move the vehicle [provide drive to vehicle]" ; Paragraph [0061]: "…if the speed of the vehicle exceeds a threshold speed stored in memory (i.e., a negative speed indicating rollback) and vehicle movement is detected in a direction opposite the selected direction of travel, the controller (142) is configured to automatically control the traction motors (114), (116) [current rotational speed by electric motor]").
Regarding claim 10, Wolff, et al. teaches: The method of claim 1, wherein the feedback signal further indicates that, after providing the second braking pulse, the current vehicle speed has fallen below a predefined threshold; (Step (420), Paragraph [0022]: "…a method includes (while one or more brakes of a vehicle in a stationary position on a grade are engaged) repeatedly determining whether an operator input to release the one or more brakes is received during a blanking interval [second pulse - repeating process of deterring need for braking]" ; Paragraph [0056]: "If, however, no accelerator pedal or brake feedback is received/detected, and the vehicle speed is less than a threshold speed (i.e., as the vehicle approaches zero speed) [current vehicle speed falls below predefined threshold]")
and wherein the method further comprises: in response to the feedback signal indicating that the current vehicle speed has fallen below the predefined threshold, directing a brake of the vehicle to maintain an engaged state that applies braking resistance to the vehicle to transition the vehicle to a full stop (Step (422), Paragraph [0056]: "then the controller (142) automatically applies the service brakes (138), (140) at a learned speed threshold at zero speed [transition vehicle to full stop] […] based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) and vehicle deceleration, at (422) [applies braking resistance].").
Regarding claim 11, Wolff, et al. teaches: A vehicle, comprising: a vehicle body; (Paragraph [0040]: "FIG. 1 illustrates a load-haul-dump vehicle (10), in which a control system of the inventive subject matter may be incorporated [vehicle].")
a brake supported by the vehicle body; (Paragraph [0047]: "The hydraulic service brakes (138), (140) are operable to provide a frictional braking force or braking effort for the wheels (118), (120) of the vehicle (10) to stop or slow the vehicle [brake supported by vehicle body]")
and electronic circuitry coupled with the brake, the electronic circuitry being constructed and arranged to perform a method of: (Paragraph [0049]: "In particular, as further illustrated in FIG. 3, the drive system (100) and various components thereof, including the braking devices (138), (140) may be electrically coupled (or otherwise in communication with) and controlled by a controller (142) [circuitry coupled with brake and sensor interface].")
providing a first braking pulse to slow the vehicle; (Paragraph [0045]: "…traction motors (114), (116) may also provide a braking force or braking effort for controlling the speed of the vehicle (10) on which the drive system (100) is deployed [providing braking pulse to slow vehicle]."; Paragraph [0050]: "…control unit or controller (142) is configured to automatically apply the service brakes (138), (140) and/or control the torque output of the wheel motors (114), (116) to hold the vehicle (10) at zero speed or near zero speed on grade during various operating conditions, without input from an operator of the vehicle, in order to prevent inadvertent rollback [braking control of vehicle to slow down vehicle].")
in response to providing the first braking pulse, receiving a feedback signal indicating a current vehicle speed of the vehicle; (Paragraph [0053]: "…when the operator releases the accelerator pedal at (410), the controller (142) is configured to determine a target maximum deceleration based upon payload, vehicle speed and/or estimated grade at (412) [controller determines feedback signal based on speed]")
and in response to receiving the feedback signal, providing a second braking pulse based on the feedback signal to slow the vehicle using closed-loop control, (Paragraph [0053]: "…and to control torque as needed to maintain vehicle deceleration to less than the maximum deceleration rate and to slow the vehicle, at (414) [slowing the vehicle]." ; Paragraph [0065]: "The method (1300) can provide a closed loop process for controlling acceleration of the vehicle following the release of brakes while the vehicle is on a grade [closed-loop control] […] At (1304), a determination is made as to whether the brakes are released. For example, the controller (142) can release the brakes responsive to receipt of operator input. If the brakes are released, then flow of the method (1300) can proceed toward (1306). Otherwise, flow of the method (1300) can return toward (1304) [braking cycle based on feedback signal - application and release of brakes].")
the first braking pulse differing from the second braking pulse in at least one of engagement duration or release duration (Paragraph [0064]: "…the controller (142) may hold the brakes on for a predetermined (e.g., non-zero) duration after applying the accelerator pedal, and then release the brakes. In this embodiment, the controller (142) employs a time delay before releasing the brakes [change in release duration].").
Regarding claim 13, The vehicle of claim 11, wherein the method further includes: prior to providing the first braking pulse, accessing a target deceleration profile to obtain a vehicle deceleration rate based on the current vehicle speed, the vehicle deceleration rate indicating a target rate of deceleration of the vehicle; (Paragraph [0069]: "For example, as discussed above in connection with FIG. 4, after an operator releases the accelerator pedal [prior to providing first braking pulse], the controller (142) may determine a target maximum deceleration and control the drive system (100) to provide torque as needed to limit the maximum deceleration rate. This allows the vehicle to be reduced to a very low speed and maintain a commanded direction of travel, as illustrated at (810) [obtain vehicle deceleration rate based on current speed and creation of target rate of vehicle deceleration].")
and wherein providing the first braking pulse includes generating the first braking pulse based on the vehicle deceleration rate (Paragraph [0069]: "An operator may then apply the service brake or park brake at zero speed to maintain the vehicle in a stationary condition, as shown at (812) [generating first braking pulse based on vehicle deceleration rate].").
Regarding claim 14, Wolff, et al. teaches: The vehicle of claim 13, wherein accessing the target deceleration profile includes: identifying, from a plurality of predefined vehicle speed ranges, a particular vehicle speed range that includes the current vehicle speed, the plurality of predefined vehicle speed ranges corresponding to a respective plurality of vehicle deceleration rates in the target deceleration profile; (Paragraph [0054]: "The target maximum deceleration (or upper deceleration limit) can decrease for heavier payloads (or increase for lighter payloads), can decrease for slower vehicle speeds (or increase for faster vehicle speeds) [vehicle speed ranges as a function of deceleration rates]" ; Paragraph [0076]: "The controller (142) can determine a designated direct current amount from a previously determined amount or based on the payload, grade, and/or speed of the vehicle (moving up the grade) [deceleration profile]")
and acquiring the vehicle deceleration rate corresponding to the particular vehicle speed range (Paragraph [0077]: "This determined amount of direct current is then applied or supplied to one or more alternating current motors (114), (116) of the drive system (100) [selection of current associated with deceleration rate as a function of vehicle speed]." ; Paragraph [0121]: "The controller is configured to monitor the deceleration of the vehicle, and to automatically prevent the deceleration of the vehicle from exceeding the upper non-zero limit by controlling one or more of a brake or a motor of the vehicle. The controller also is configured to one or more of actuate the brake or supply current to the motor of the vehicle to prevent rollback of the vehicle while the vehicle is moving up the grade at a non-zero speed [control of current to ensure proper deceleration range - example].").
Regarding claim 15, Wolff, et al. teaches: The vehicle of claim 13, wherein the method further includes: after receiving the feedback signal, obtaining a second vehicle deceleration rate based on the current vehicle speed, the second vehicle deceleration rate being different from the vehicle deceleration rate; (Paragraph [0109]: "The drive system control unit (1116) may be configured to automatically control the amount and rate by which the friction brake application increases concurrently with the decrease in electric retarding such that (i) an overall deceleration profile (change in velocity over time from a current non-zero velocity to zero velocity) of the vehicle is linear (and thereby smooth-seeming to human operators) [second vehicle deceleration rate based on current vehicle speed - can be determined automatically without operator intervention]")
and wherein providing the second braking pulse includes generating the second braking pulse based on the second vehicle deceleration rate (Paragraph [0109]: "and (ii) proportional in terms of rate to one or more inputs from an operator control, e.g., the drive system control unit would control the decrease in electric retarding and concurrent increase in friction braking [providing second braking pulse] to provide faster deceleration responsive to an input from an operator control for a higher degree/rate of braking [second vehicle deceleration rate] versus an input from the operator control for a lower degree/rate of braking.").
Regarding claim 16, Wolff, et al. teaches: The vehicle of claim 11, wherein providing the first braking pulse includes: directing a brake of the vehicle to maintain an engaged state that provides braking resistance to the vehicle until the feedback signal indicates a target decrease in the current vehicle speed; (Paragraph [0050]: "…the control unit or controller (142) is configured to automatically apply the service brakes (138), (140) and/or control the torque output of the wheel motors (114), (116) to hold the vehicle (10) at zero speed or near zero speed on grade during various operating conditions, without input from an operator of the vehicle, in order to prevent inadvertent rollback [provides braking resistance to vehicle until targeted decrease in speed measurement is met].")
and in response to the feedback signal indicating the target decrease in the current vehicle speed, directing the brake to transition from the engaged state to a released state that removes the braking resistance (Paragraph [0071]: "…controller (142) is configured to automatically release the brakes when the accelerator pedal is applied by an operator and the available torque exceeds a threshold level sufficient to prevent vehicle rollback [released state - feedback indicating prior decrease in speed and availability to increase speed smoothly as a function of vehicle torque]. This control permits the vehicle to transition from the stationary condition to smooth movement in a selected direction of travel.").
Regarding claim 17, Wolff, et al. teaches: The vehicle of claim 16, wherein providing the first braking pulse further includes: directing the brake to, after the brake transitions from the engaged state to the released state, maintain the released state for a predefined amount of time; (Paragraph [0057]: "…if no accelerator pedal or brake input (e.g., manual engagement of the brakes by an operator) is received after a predetermined time has elapsed, then the brakes (138), (140) are then released, at (424) [transition to released state]. In either embodiment, the brakes may be automatically applied at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) [maintain released state for predefined period of time before reapplication].")
and wherein providing the second braking pulse includes: directing the brake to re-transition from the released state to the engaged state to provide the braking resistance to the vehicle (Paragraph [0057]: "In either embodiment, the brakes may be automatically applied at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) and vehicle deceleration [maintain released state for predefined period of time before reapplication].").
Regarding claim 18, Wolff, et al. teaches: The vehicle of claim 11, wherein providing the first braking pulse includes: directing a brake of the vehicle to maintain an engaged state that provides braking resistance to the vehicle for a predefined amount of time; (Paragraph [0056]: "…then the controller (142) automatically applies the service brakes (138), (140) at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) and vehicle deceleration, at (422) [directing brake to maintain engaged state - vehicle braking resistance for predefined amount of time].")
and after directing the brake to maintain the engaged state for the predefined amount of time, directing the brake to maintain a released state that removes the braking resistance for an amount of time based on the current vehicle speed (Paragraph [0057]: "Further, if no accelerator pedal or brake input (e.g., manual engagement of the brakes by an operator) is received after a predetermined time has elapsed, then the brakes (138), (140) are then released, at (424) [brake is engaged for predefined amount of time and then braking resistance is removed]. […] the brakes may be automatically applied at a learned speed threshold at zero speed or near zero (but positive speed) based on brake delay time (i.e., the time it takes the brakes to engage and slow/stop the vehicle) and vehicle deceleration [amount of time based on current vehicle speed].").
Regarding claim 19, Wolff, et al. teaches: Electronic circuitry to provide closed-loop vehicle braking, comprising: (Paragraph [0049]: "The controller (142) can represent hardware circuitry that includes and/or is connected with one or more processors (e.g., one or more microprocessors, field programmable gate arrays, and/or integrated circuits) [electronic circuitry]." ; Paragraph [0065]: "The method (1300) can provide a closed loop process [closed loop process] for controlling acceleration of the vehicle following the release of brakes [vehicle braking process - release and reapplication of brakes]")
a sensor interface; (Paragraph [0052]: "The vehicle movement in one or more directions can be determined using one or more sensors (300) [sensor interface].")
and control circuitry coupled with the brake interface and the sensor interface, the control circuitry being constructed and arranged to perform a method of: (Paragraph [0049]: "In particular, as further illustrated in FIG. 3, the drive system (100) and various components thereof, including the braking devices (138), (140) may be electrically coupled (or otherwise in communication with) and controlled by a controller (142) [circuitry coupled with brake and sensor interface].")
providing a first braking pulse to slow a vehicle; (Paragraph [0045]: "…traction motors (114), (116) may also provide a braking force or braking effort for controlling the speed of the vehicle (10) on which the drive system (100) is deployed [providing braking pulse to slow vehicle]." ; Paragraph [0050]: "…control unit or controller (142) is configured to automatically apply the service brakes (138), (140) and/or control the torque output of the wheel motors (114), (116) to hold the vehicle (10) at zero speed or near zero speed on grade during various operating conditions, without input from an operator of the vehicle, in order to prevent inadvertent rollback [braking control of vehicle to slow down vehicle].")
in response to providing the first braking pulse, receiving a feedback signal indicating a current vehicle speed of the vehicle; (Paragraph [0053]: "…when the operator releases the accelerator pedal at (410), the controller (142) is configured to determine a target maximum deceleration based upon payload, vehicle speed and/or estimated grade at (412) [controller determines feedback signal based on speed]")
and in response to receiving the feedback signal, providing a second braking pulse based on the feedback signal to slow the vehicle using closed-loop control, (Paragraph [0053]: "…and to control torque as needed to maintain vehicle deceleration to less than the maximum deceleration rate and to slow the vehicle, at (414) [slowing the vehicle]." ; Paragraph [0065]: "The method (1300) can provide a closed loop process for controlling acceleration of the vehicle following the release of brakes while the vehicle is on a grade [closed-loop control] […] At (1304), a determination is made as to whether the brakes are released. For example, the controller (142) can release the brakes responsive to receipt of operator input. If the brakes are released, then flow of the method (1300) can proceed toward (1306). Otherwise, flow of the method (1300) can return toward (1304) [braking cycle based on feedback signal - application and release of brakes].")
the first braking pulse differing from the second braking pulse in at least one of engagement duration or release duration (Paragraph [0064]: "…the controller (142) may hold the brakes on for a predetermined (e.g., non-zero) duration after applying the accelerator pedal, and then release the brakes. In this embodiment, the controller (142) employs a time delay before releasing the brakes [change in release duration].").
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wolff, et al. (U.S. Patent Application Publication No. 20180065629) in view of Sato, et al. (U.S. Patent No. 11338779).
Regarding claim 2, Wolff, et al. teaches: The method of claim 1, wherein providing the first braking pulse includes: outputting a first control signal that directs a brake of the vehicle to engage for a first engagement duration and to release for a first release duration; (Step (712), Paragraph [0064]: "…the controller (142) [first control signal] may hold the brakes on for a predetermined (e.g., non-zero) duration after applying the accelerator pedal, and then release the brakes. In this embodiment, the controller (142) employs a time delay before releasing the brakes [engage and releases brake for first release duration].")
wherein providing the second braking pulse includes: outputting a second control signal that directs the brake to engage for a second engagement duration and to release for a second release duration (Method (1400), Fig. 14, Paragraph [0067]: "The controller (142) can periodically check for operator input to determine whether the operator has provided the input to keep the brake(s) engaged at least once every blanking interval, such as every five seconds (or other time interval) [second control signal - second engagement duration]. If the operator has provided input to keep the brake(s) engaged, then flow of the method (1400) can return toward (1402). Otherwise, if the operator has not provided the input within the blanking interval, then flow of the method (1400) can proceed toward (1406) [release dependent on interval input]." ; Paragraph [0068]: "At (1406), the brake(s) of the vehicle are released [brake release].").
Wolff, et al. does not teach and wherein a sum of the first engagement duration and the first release duration is different from a sum of the second engagement duration and the second release duration.
In a similar field of endeavor (braking force control), Sato, et al. teaches: and wherein a sum of the first engagement duration and the first release duration is different from a sum of the second engagement duration and the second release duration (Col. 7, lines 10-17: "The first actuator unit (10) and the second actuator units (20) can generate the braking forces by appropriately operating their actuators in response to control signals from the braking force controller (100). Based on the sum of the braking forces generated by the first actuator unit (10) and the second actuator units (20), a jerk corresponding to the sum of jerks indicated by received instruction values is generated in the vehicle (1) [definition - sum of first/second engagement/release durations]." ; Step (S109), Col. 13, lines 8-13: "Step S109: In this step, the second actuator unit (20) can generate a jerk corresponding to a shortage of the target jerk that is caused when the first jerk is generated by the first actuator unit (10) in Step (S107). Thus, the first actuator unit (10) and the second actuator unit (20) as a whole can generate the target jerk in the vehicle (1) [can determine whether first and second engagement/release periods are different and generate balancing force].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Wolff, et al. to include the teaching of Sato, et al. based on a reasonable expectation of success and motivation to improve the process of generating a more efficient braking experience for an electric vehicle (Sato, et al. Col. 2, lines 18-21).
Regarding claim 12, Wolff, et al. teaches: The vehicle of claim 11, wherein providing the first braking pulse includes: outputting a first control signal that directs a brake of the vehicle to engage for a first engagement duration and to release for a first release duration; (Paragraph [0064]: "…the controller (142) [first control signal] may hold the brakes on for a predetermined (e.g., non-zero) duration after applying the accelerator pedal, and then release the brakes. In this embodiment, the controller (142) employs a time delay before releasing the brakes [engage and releases brake for first release duration].")
wherein providing the second braking pulse includes: outputting a second control signal that directs the brake to engage for a second engagement duration and to release for a second release duration (Paragraph [0067]: "The controller (142) can periodically check for operator input to determine whether the operator has provided the input to keep the brake(s) engaged at least once every blanking interval, such as every five seconds (or other time interval) [second control signal - second engagement duration]. If the operator has provided input to keep the brake(s) engaged, then flow of the method (1400) can return toward (1402). Otherwise, if the operator has not provided the input within the blanking interval, then flow of the method (1400) can proceed toward (1406) [release dependent on interval input]." ; Paragraph [0068]: "At (1406), the brake(s) of the vehicle are released [brake release].").
Wolff, et al. does not teach and wherein a sum of the first engagement duration and the first release duration is different from a sum of the second engagement duration and the second release duration.
In a similar field of endeavor (braking force control), Sato, et al. teaches: and wherein a sum of the first engagement duration and the first release duration is different from a sum of the second engagement duration and the second release duration (Col. 7, lines 10-17: "The first actuator unit (10) and the second actuator units (20) can generate the braking forces by appropriately operating their actuators in response to control signals from the braking force controller (100). Based on the sum of the braking forces generated by the first actuator unit (10) and the second actuator units (20), a jerk corresponding to the sum of jerks indicated by received instruction values is generated in the vehicle (1) [definition - sum of first/second engagement/release durations]." ; Col. 13, lines 8-13: "…the second actuator unit (20) can generate a jerk corresponding to a shortage of the target jerk that is caused when the first jerk is generated by the first actuator unit (10) in Step (S107). Thus, the first actuator unit (10) and the second actuator unit (20) as a whole can generate the target jerk in the vehicle (1) [can determine whether first and second engagement/release periods are different and generate balancing force].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Wolff, et al. to include the teaching of Sato, et al. based on a reasonable expectation of success and motivation to improve the process of generating a more efficient braking experience for an electric vehicle (Sato, et al. Col. 2, lines 18-21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yao, et al. (U.S. Patent No. 11654875) teaches an electric vehicle with a regenerative braking system that has the ability to adjust the regenerative braking torque based on a closed-loop control of an estimated regenerative braking torque feedback.
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/TORRENCE S MARUNDA II/Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663