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 application number 18/751,512 filed on 02/05/2026, in which
Claims 1-8 are presented for examination. Applicant amends Claims 1-2 and 6-8.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, for Application No. JP2024-032780.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/24/2024, the information disclosure statement (IDS) submitted on 4/11/2025, the information disclosure statement (IDS) submitted on 3/5/2026, and the information disclosure statement (IDS) submitted on 4/15/2026. have been received and considered by the examiner.
Response to Arguments
Applicant’s arguments, see pgs. 2-4 and 8-9, filed 2/5/2026, with respect to the objections to the abstract, specification, and drawings have been fully considered and are persuasive. Therefore, the objections to the abstract, specification, and drawings set forth in the office action of 11/5/2025 has been withdrawn.
Applicant’s amendments and arguments, see pgs. 5-7 and 9, filed 2/5/2026, with respect to the objections to Claims 1, 2, and 8 have been fully considered and are persuasive. Therefore, the objections to Claims 1, 2, and 8 set forth in the office action of 11/5/2025 has been withdrawn. However, in light of the amendments new objections to Claims 1, 2, and 8 are introduced. Further details are provided below.
Applicant’s amendments and arguments, see pgs. 5-7 and 9-10, filed 2/5/2026, with respect to the rejection of Claims 6 and 7 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejection of Claims 6 and 7 under 35 U.S.C. 112(b) set forth in the office action of 11/5/2025 has been withdrawn. However, in light of the amendments a new rejection to Claim 2 is introduced. Additionally, in light of the amendments the 35 U.S.C. 112(f) claim interpretation of Claims 1, 2, and 8 is updated. Further details are provided below.
Applicant’s arguments, see pgs. 5-7 and 10-11, filed 2/5/2026, with respect to the rejection of Claims 1-8 under 35 U.S.C. 103 have been fully considered but are moot because they are directed towards the amendments of Claims 1 and 8. Therefore, the rejection of Claims 1-8 under 35 U.S.C. 103 set forth in the office action of 11/5/2025 is maintained and, in light of the amendments, an updated rejection of Claims 1-8 under 35 U.S.C. 103 is made. Further details are provided below.
Claim Objections
Claims 1, 2, and 8 objected to because of the following informalities:
Examiner would like to note that the markup in Claims 1 (lines 3, 6, and 8) and 8 (lines 2, 5, and 7) are being read as “travel operation device” and “brake operation device”,
Claim 1 (line 3) and Claim 8 (line 2): “travel operation device” should be “a travel operation device”, and
Claim 2 (line 2): “an hydrostatic transmission” should be “a hydrostatic transmission”.
Appropriate correction is required.
Claim Interpretation
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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 use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
"travel operation means" in Claim 2 (line 5).
“Operation means” is not modified by functional language in the indicated claims, and therefore, does not invoke 35 U.S.C. 112(f).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 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.
Claim 2 (line 5) recites the limitation "the travel operation means." There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the travel operation means” will be read as “the travel operation device,” as recited in Claim 1 (lines 3 and 8).
Claims 3-7 are rejected by dependency on Claim 2.
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.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Heo et al., PG Pub US-2021/0079623-A1 (herein "Heo") in view of Murayama et al., JP-2009208698-A (herein "Murayama") and Tanaka et al., JP-H08268320-A (herein "Tanaka").
Regarding Claim 1, Heo discloses: (Currently Amended) A working vehicle comprising: a travel unit that is operated by […] and a brake operation device. See [Heo, pg. 3, para 0044], which describes a wheel loader with a body and wheels, “Referring to FIG. 1, a wheel loader 10 may include a front body 12 and a rear body 14 rotatably connected to each other. The front body 12 may include a work apparatus and a front wheel 70. The rear body 14 may include a driver cabin 40, an engine bay 50 and a rear wheel 72.” See also [Heo, pg. 4, para 0054], which describes the brake pedal for braking the vehicle, “In example embodiments, the controller 300 may output the first and second brake control signals in response to a brake manipulation signal of the driver. The brake control apparatus for the construction machinery may further include an electronic pedal device 90 configured to output the brake manipulation signal as an electronic signal in proportion to an angle change of a brake pedal by the driver.”
Heo further discloses: a working unit that is operated by hydraulic pressure. See [Heo, pg. 3, para 0045], which describes the attachments of the wheel loader, “The work apparatus may include a boom 20 and a bucket 30. The boom 20 may be freely pivotally attached to the front body 12, and the bucket 30 may be freely pivotally attached to an end portion of the boom 20. The boom 20 may be coupled to the front body 12 by a pair of boom cylinders 22, and the boom 20 may be pivoted upwardly and downwardly by expansion and contraction of the boom cylinders 22. A tilt arm 34 may be freely rotatably supported on the boom 20, almost at its central portion. One end portion of the tilt arm 34 may be coupled to the front body 12 by a pair of bucket cylinders 32 and another end portion of the tilt arm 34 may be coupled to the bucket 30 by a tilt rod, so that the bucket 30 may pivot (crowd and dump) as the bucket cylinder 32 expands and contracts.”
Heo further discloses: a main brake circuit that generates a braking force according to with an operated amount when the brake operation device is in an operated state; and an auxiliary brake circuit that generates a predetermined braking force […]. See [Heo, pgs. 3-4, paras 0051-0052], which describe the main brake line and the parking brake line, “[0051] In particular, a main hydraulic line 110 may be connected to the hydraulic pump 100 to introduce the brake oil. The main hydraulic line 110 may be divided into a brake line 112 and a parking brake line 114. The brake line 112 may be divided into the first and second brake lines 120, 122. […]. Additionally, as described later, the parking brake line 114 may be connected to a parking brake device 92. [0052] A brake control valve may be installed in the first and second brake lines 120, 122 to control the flow rate of the brake oil according to an inputted electronic control signal. In particular, the first proportional flow control valve 210 may be installed in the first brake line 120 to control the flow rate of the brake oil in proportion to the inputted first brake control signal. The second proportional flow control valve 220 may be installed in the second brake line 122 to control the flow rate of the brake oil in proportion to the inputted second brake control signal.” See again [Heo, pg. 4, para 0054], which describes the brake pedal for braking the vehicle and control, which outputs a signal in proportion to the movement brake pedal by the driver. See also [Heo, pg. 4, paras 0061-0062], which further describe the parking brake line and explains that in response to a signal a current command is output to the solenoid valve for control, “[0061] In example embodiments, the brake control apparatus for construction machinery may further include the parking brake line 114 through which the brake oil is supplied to the parking brake device 92, and a proportional direction control valve 230 installed in the parking brake line 114 to supply or block the brake oil according to an inputted parking control signal. [0062] For example, the proportional direction control valve 230 may include a solenoid directional control valve. An ON-OFF operation of the solenoid directional control valve may be determined by the inputted parking control signal, for example, a current command value (mA).”
Heo does not explicitly disclose: […] travel operation device […] without operating the brake operation device when the travel operation device is in a non-operated state. However, [Heo, pg. 5, paras 0077 and 0079], does describe the brake pedal and acceleration pedal inputs, “[0077] In particular, the controller 300 may determine whether the slope slip prevention mode is satisfied (slope condition (5 degrees or more), vehicle speed state (stationary state, 0 km/h), brake pedal input condition (100%, 2 seconds or more), acceleration pedal input condition (0%), and may determine an entry time of the slope slip prevention mode. […]. [0079] The controller 300 may terminate the slope slip prevention mode operation when the controller 300 receives any one of a brake pedal input condition (newly inputted brake pedal position 80% or more), an acceleration pedal input (50% or more) and a lever change of a FNR travel lever.”
However, Murayama teaches: […] travel operation device […] when the travel operation device is in a non-operated state. See [Murayama, pgs. 2-3, pars 0015-0017], which describe the brake and accelerator pedals for operating the vehicle, “[0015] The braking device 1 includes a hydraulic brake device 2 as braking means and an ECU 3 as control means, and is mounted on the vehicle 100. The braking device 1 according to the present embodiment includes a braking operation member on wheels 108 and 111 of the vehicle 100 in which the engine 101 as a driving source generates a driving force in response to an operation of an accelerator pedal 101a as a driving operation member by the hydraulic brake device 2. […]. [0016] […]. [0017] As described above, the engine 101 is mounted on the vehicle 100 and generates a driving force on each of the wheels 108 and 111 of the vehicle 100 in accordance with an operation of an accelerator pedal 101a as a driving operation member.” See also [Murayama, pg. 10, para 0074], which explains that the sensor detects operation of the accelerator pedal, “The accelerator pedal sensor 53 detects an operation of the accelerator pedal 101a (see FIG. 3) by the driver, that is, an accelerator operation. Here, the accelerator pedal sensor 53 detects the operation and non-operation of the accelerator pedal 101a, that is, the accelerator ON / OFF, and also detects the operation amount of the accelerator pedal 101a by the driver, that is, the accelerator depression amount (accelerator opening). To do. The accelerator pedal sensor 53 is connected to the ECU 3, and the accelerator ON / OFF and the accelerator depression amount detected by the accelerator pedal sensor 53 are output to the ECU 3. The ECU 3 may be connected to an accelerator switch that detects accelerator ON / OFF separately from the accelerator pedal sensor 53,” and [Murayama, pg. 11, para 0085], which explains that the predetermined braking force holding control command is transmitted only when the vehicle speed is zero and the accelerator pedal is off, “Here, the predetermined braking force holding control command is, for example, when the vehicle 100 is stopped, that is, the vehicle speed of the vehicle 100 detected by the wheel speed sensors 51FL, 51FR, 51RL, 51RR is 0 km / h, and the parking brake switch 54 is detected when the parking brake is turned off, and the accelerator pedal sensor 53 detects that the accelerator operation is turned off, that is, when the accelerator is turned off, and when a predetermined brake operation of the driver is detected.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Murayama to monitor an accelerator pedal position and apply braking force when the pedal is not moved. Doing so allows for matching vehicle behavior to the driver’s command, or intent [Murayama, pg. 10, para 0074] by properly detecting and interpreting the driver inputs for automatic brake operation [Murayama, pg. 11, para 0085]. Further proper interpretation and coordination of the inputs and braking commands prevents erroneous operation of braking especially during high G deceleration states [Murayama, pg. 13, para 0094] and prevents malfunction of the control [Murayama, pg. 18, para 0133].
However, Tanaka teaches: […] without operating the brake operation device […]. See [Tanaka, pg. 2, para 0013], which explains that the machine includes two HST’s, driven by a hydraulic circuit controlled by operation of the travel operation lever, where when the travel operation lever is stopped, the automatic parking brake is applied, “The present invention, there is provided a means to resolve], in order to solve the above problems, is to use the following means. In other words, equipped with two of the HST to the traveling vehicle, in 2 pump 2 motorized hydraulic traveling drive mechanism one by one drive control of the left and right of the traveling device in each HST, […], the hydraulic valve to open and close valves on the operation of the travel operation lever is provided, further, if you set the travel operation lever on the running stage, automatically the parking brake is released, if set to stop stages from the running stage, it was automatically gradually parking brake is applied configuration.” See also [Tanaka, pg. 2, para 0018], which further explains that the parking brake is automatically activated, without manual operation, “Furthermore, automatically actuated in conjunction with the operation of the travel operation lever, by providing the parking brake is released, the manual operation of a conventional parking brake becomes unnecessary, also when the driving stage switch to stop stages, safety by the parking brake is applied gradually is ensured,” [Tanaka, pg. 6, para 0038], opposed to conventional solutions that require switching the parking brake using, for example, manual operation of a lever, “Conventionally, the switching operation of the parking brake switch valve BV ', had been carried out at the manual operation of the parking brake lever which is arranged in the main panel 19 and the like (parking brake lever), manual operation, forget Ya over the brake since lead to erroneous use, in the present embodiment, it was a construction for switching of the parking brake lever in hydraulic pressure.” Finally see [Tanaka, pg. 3, para 0023], which describes FIG. 19 and FIG. 20, and explains that the parking brake is applied when traveling is stopped, “FIG. 19 is a block diagram showing a hydraulic system of a hydraulic traveling drive mechanism when the parking brake is released by the time the travel drive. FIG. 20 is switched to stop stages travel operation lever from traveling stage block diagram showing a hydraulic system of a hydraulic traveling drive mechanism when it takes the beginning of the parking brake in time.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Tanaka to include a braking mechanism that is activated automatically, without manual operating a braking mechanism, such as a lever. Doing so prevents erroneous use or forgetting to apply the brake [Tanaka, pg. 6, para 0038] and further, automatically activating the parking brake based on releasing the travel control mechanism, such as a lever, prevents damage to the parking brake [Tanaka, pg. 6, para 0044].
Regarding Claim 8, Heo discloses: (Currently Amended) A method for controlling a working vehicle that includes a travel unit that is operated by […] and a brake operation device. See again [Heo, pg. 3, para 0044], which describes a wheel loader with a body and wheels and See also [Heo, pg. 4, para 0054], which describes the brake pedal for braking the vehicle.
Heo further discloses: a working unit that is operated by hydraulic pressure. See again [Heo, pg. 3, para 0045], which describes the attachments of the wheel loader.
Heo further discloses: the method comprising: generating a braking force according to an operated amount when the brake operation device is in an operated state; and generating a predetermined braking force […]. See again [Heo, pgs. 3-4, paras 0051-0052], which describe the main brake line and the parking brake line. Also see again [Heo, pg. 4, para 0054], which describes the brake pedal for braking the vehicle and control, which outputs a signal in proportion to the movement brake pedal by the driver.” Finally see again [Heo, pg. 4, paras 0061-0062], which further describe the parking brake line and explains that in response to a signal a current command is output to the solenoid valve for control.
Heo does not explicitly disclose: […] travel operation device […] without operating the brake operation device when the travel operation device is in a non-operated state.
However, Murayama teaches: […] travel operation device […] when the travel operation device is in a non-operated state. See again [Murayama, pgs. 2-3, pars 0015-0017], which describe the brake and accelerator pedals for operating the vehicle. Also see again [Murayama, pg. 10, para 0074], which explains that the sensor detects operation of the accelerator pedal and [Murayama, pg. 11, para 0085], which explains that the predetermined braking force holding control command is transmitted only when the vehicle speed is zero and the accelerator pedal is off.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Murayama to monitor an accelerator pedal position and apply braking force when the pedal is not moved. Doing so allows for matching vehicle behavior to the driver’s command, or intent [Murayama, pg. 10, para 0074] by properly detecting and interpreting the driver inputs for automatic brake operation [Murayama, pg. 11, para 0085]. Further proper interpretation and coordination of the inputs and braking commands prevents erroneous operation of braking especially during high G deceleration states [Murayama, pg. 13, para 0094] and prevents malfunction of the control [Murayama, pg. 18, para 0133].
However, Tanaka teaches: […] without operating the brake operation device […].See [Tanaka, pg. 2, para 0013], which explains that the machine includes two HST’s, driven by a hydraulic circuit controlled by operation of the travel operation lever, where when the travel operation lever is stopped, the automatic parking brake is applied. See also [Tanaka, pg. 2, para 0018], which further explains that the parking brake is automatically activated, without manual operation, [Tanaka, pg. 6, para 0038], opposed to conventional solutions that require switching the parking brake using, for example, manual operation of a lever. Finally see [Tanaka, pg. 3, para 0023], which describes FIG. 19 and FIG. 20, and explains that the parking brake is applied when traveling is stopped.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Tanaka to include a braking mechanism that is activated automatically, without manual operating a braking mechanism, such as a lever. Doing so prevents erroneous use or forgetting to apply the brake [Tanaka, pg. 6, para 0038] and further, automatically activating the parking brake based on releasing the travel control mechanism, such as a lever, prevents damage to the parking brake [Tanaka, pg. 6, para 0044].
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Heo in view of Murayama and Tanaka, and further in view of Farmer et al., PG Pub US-2016/0375880-A1 (herein "Farmer").
Regarding Claim 2, Heo as modified discloses the limitations of Claim 1.
Heo does not disclose: (Currently Amended) […] further comprising an hydrostatic transmission for driving the travel unit and a control unit that controls operations of at least the travel unit and the hydrostatic transmission, wherein the control unit reduces an output current value for control operations of the hydrostatic transmission when the travel operation means was in a non-operated state, and then outputs a first signal, as the predetermined braking force, to the auxiliary brake circuit, the first signal being set to an intermediate braking force between zero braking force and a set maximum braking force, when the output current value is zero.
However, Farmer teaches: (Currently Amended) […] further comprising an hydrostatic transmission for driving the travel unit and a control unit that controls operations of at least the travel unit and the hydrostatic transmission. See [Farmer, pg. 2, para 0016], which describes the hydrostatic transmission of the wheel loader, “The transmission 20 of the wheel loader 10 may be any appropriate type of transmission for transferring torque from the engine 18 to the rear wheels 22. In the illustrated embodiment, the transmission 20 may be a hydrostatic (hystat) transmission 20 having a variable displacement bi-directional axial piston pump 44 operatively coupled to and driven by the engine 18 to pump hydraulic fluid to a fixed or variable displacement bi-directional axial piston hydraulic motor 46 that is operatively connected to a rear axle 48 and the rear wheels 22. A controller 50 of the wheel loader 10 may be operatively connected to the actuators (not shown) for swash plates (not shown) of the hystat pump 44 and the hystat motor 46.”
Farmer further teaches: […]wherein the control unit reduces an output current value for control operations of the hydrostatic transmission […], and then outputs a first signal, as the predetermined braking force, to the auxiliary brake circuit, the first signal being set to an intermediate braking force between zero braking force and a set maximum braking force, when the output current value is zero. See [Farmer, pgs. 5-6, paras 0027 and 0029],which explains that the controller executes a control strategy for braking by managing the brake valves, the HST, and the speed in response to the driver’s command, “[0027] The electrical and control components that may be required to execute a simulated EH braking control strategy in the hydraulic braking system 100 are illustrated in FIG. 4. The controller 50 may include a microprocessor 200 for executing specified programs that control and monitor various functions associated with the wheel loader 10, including functions that are outside the scope of the present disclosure. […]. [0029] The controller 50 may also be electrically connected to output devices to which control signals are transmitted and from which control signals may be received by the controller 50, such as, for example, the low-pressure valve actuator 130, the pressure reducing valve actuator 144 and the parking brake valve actuator 158 discussed above. The valve actuators 130, 144, 158 may be solenoids or other type of actuators to which the controller 50 outputs control signals or solenoid current to move the corresponding valve elements to desired positions. The controller 50 may also be electrically connected to a hystat pump actuator 220 and a hystat motor actuator 222 that may be operatively connected to the swash plates of the hystat pump 44 and the hystat motor 46. The actuators 220, 222 may respond to control signals transmitted from the controller 50 to adjust the angles of the corresponding swash plates and vary the displacement of the pump 44 and the motor 46 to control the speed and power transferred from the power source 18 to the rear wheels 22. An engine throttle 218 may be provided to control the speed of the power source 18. When the input speed control 210 transmits speed control signals, the controller 50 may respond by transmitting appropriate control signals to the engine throttle 218 to change the engine speed and, correspondingly, the speed of the work machine 10, as commanded by the operator.” See also [Farmer, FIG. 5 and pg. 5, paras 0030-0033], which describes the braking routine, explaining that the controller determines if the brake pedal is being depressed and provide the commanded value or determine if there is engine braking available. If is determined that engine braking is available, the controller provides the determined amount. If is determined that engine braking is not available, the controller commands the HST off and applies maximum braking pressure to the actuators separately from control of the brake pedal, “[0030] FIG. 5 illustrates an exemplary simulated EH braking routine 250 that may be programmed into the controller 50 to integrate the hydraulic braking system 100 and available engine braking capacity to provide a natural braking feel to an operator. The routine 250 may start at a block 252 where the controller 50 may determine whether the brake pedal 52 has been displaced by the operator based on the brake force sensor signals transmitted by the brake control sensor 212. […]. [0031] If the controller 50 determines that the brake pedal 52 has been displaced, control may pass to a block 254 to determine the brake pressure commanded by the displacement of the brake pedal 52. For a given displacement, the commanded brake pressure will correspond to the point along the brake valve response curve 174. The controller 50 may be programmed with a formula for determining the brake pressure based on the value in the brake force sensor signal from the brake control sensor 212. Alternatively, data representing the curve 174 may be stored in tabular form in the memory 202, with the commanded brake pressure being retrieved by the controller 50. […]. [0032] After the commanded brake pressure is determined at the block 254, or prior to or concurrently there with, control may pass to a block 256 to determine an available engine braking force, and a corresponding engine braking pressure, that may be provided by the power source 18 and the transmission 20. […]. Once determined, the available braking force may be converted into an equivalent engine braking pressure that can be applied to the brake cylinders 58, 60 to brake the work machine 10 in the same manner. The equivalent braking pressure may be used with the command brake pressure to determine how to adjust the brake pressure of the brake cylinders 58, 60 to use both braking components and produce a natural braking feel. [0033] […]. If the engine braking pressure is not greater than 0 kPa and no engine braking pressure is available at the block 258, control may pass to a block 260 to set an engine braking output pressure and a pressure reducing valve output pressure equal to 0 kPa to indicate that the brake valve response curve 174 should be followed to achieve a natural braking response. With the output pressures set to 0 kPa, control may pass to a block 262 where the controller 50 may transmit control signals to actuate the actuators 144, 220, 222 to create the corresponding braking forces. […]. […] to ensure that no residual braking force is applied, the controller 50 may transmit control signals to cause the actuators 220, 222 to shallow the swash plates so there is no displacement by the hystat pump 44 and the hystat motor 46. With an automatic or electric drive transmission 20, the controller 50 may transmit control signals causing the transmission 20 to shift to neutral. At the same time, the controller 50 may cut off current to the pressure reducing valve actuator 144 so the pressure reducing valve 138 remains in its normally open position and no hydraulic braking pressure from the brake control valve 54 is bled off. At the same time, the brake pedal 52 has mechanically opened the brake control valve 54 to transmit the commanded brake pressure to the brake cylinders 58, 60 with the natural response and feel corresponding to the displacement of the brake pedal 52. Once the braking forces are set, control may pass back to the block 252 to monitor subsequent changes to the displacement of the brake pedal 52.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Farmer to include a coordinated control of engine braking using the HST and the braking system. Doing so allows for balancing the acceleration or deceleration using the braking system and engine braking, which can provide a more natural feel and reduce unnecessary wear on braking, especially in cases of inexperienced drivers using engine braking [Farmer, pg. 1, paras 0001-0004].
Murayama teaches: […] when the travel operation means was in a non-operated state, […]. See again [Murayama, pgs. 2-3, pars 0015-0017], which describe the brake and accelerator pedals for operating the vehicle. Also see again [Murayama, pg. 10, para 0074], which explains that the sensor detects operation of the accelerator pedal and [Murayama, pg. 11, para 0085], which explains that the predetermined braking force holding control command is transmitted only when the vehicle speed is zero and the accelerator pedal is off.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Murayama to monitor an accelerator pedal position and apply braking force when the pedal is not moved. Doing so allows for matching vehicle behavior to the driver’s command, or intent [Murayama, pg. 10, para 0074] by properly detecting and interpreting the driver inputs for automatic brake operation [Murayama, pg. 11, para 0085]. Further proper interpretation and coordination of the inputs and braking commands prevents erroneous operation of braking especially during high G deceleration states [Murayama, pg. 13, para 0094] and prevents malfunction of the control [Murayama, pg. 18, para 0133].
Regarding Claim 3, Heo as modified discloses the limitations of Claim 2.
Heo further discloses: (Original) […] wherein the auxiliary brake circuit includes a solenoid valve that controls the predetermined braking force based on a control signal outputted from the control unit. See again [Heo, pg. 4, paras 0061-0062], which explains that the parking brake line and explains that in response to a signal a current command is output to the solenoid valve for control.
Claims 4 -7 are rejected under 35 U.S.C. 103 as being unpatentable over Heo in view of Murayama, Tanaka, and Farmer, and further in view of Nakamura et al., PG Pub US-2015/0032337-A1 (herein "Nakamura").
Regarding Claim 4, Heo as modified discloses the limitations of Claim 2.
Heo does not disclose: (Original) […] wherein after the control unit has outputted the first signal for a predetermined time, the control unit outputs, when a vehicle speed is zero, a second signal that generates the set maximum braking force as the predetermined braking force to the auxiliary brake circuit and continues to output, when the vehicle speed is not zero, the first signal that generates the intermediate braking force as the predetermined braking force to the auxiliary brake circuit.
However, Murayama teaches: (Original) […] wherein after the control unit has outputted the first signal for a predetermined time, the control unit outputs, when a vehicle speed is zero, a second signal that generates the set maximum braking force as the predetermined braking force to the auxiliary brake circuit. See [Murayama, pg. 13, para 0094], which explains that after a predetermined time and a vehicle speed of zero the brake force hold control is activated, “By the way, such a braking device 1 is, for example, in order to prevent the braking force holding control from being erroneously operated when determining the operation permission condition of the slope start assist control such as the braking force holding control. Slope start assist control including braking force holding control after vehicle 100 is stopped, that is, vehicle speed of vehicle 100 detected by wheel speed sensors 51FL, 51FR, 51RL, 51RR is approximately 0 km / h for a predetermined time. Is permitted to operate.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Murayama to include waiting for a predetermined time and the vehicle to be stopped to apply a maximum, holding, brake force. Proper interpretation and coordination of the inputs and braking commands prevents erroneous operation of braking especially during high G deceleration states [Murayama, pg. 13, para 0094] and prevents malfunction of the control [Murayama, pg. 18, para 0133].
However, Nakamura teaches: […], and continues to output, when the vehicle speed is not zero, the first signal that generates the intermediate braking force as the predetermined braking force to the auxiliary brake circuit. See [Nakamura, pg.4 , paras 0030-0032], which explain that the brake lock or unlock determination processes utilizes a timer and a predetermined time to control braking in accordance with vehicle speed, where the control modulates the brake after a predetermined time, “[0030] FIG. 3(a) presents a block diagram showing details of the processing in the unlock determination circuit 13. FIG. 3(b) is a block diagram showing details of the processing in the brake lock determination circuit 14. As shown in FIG. 3(b), the brake lock determination circuit 14 outputs a brake on signal or a brake off signal based on on/off of brake flag A, on/off of the change-over switch 24, the rotation number N of the transmission, an operation pressure PB of the brake pedal 1, and a measured time of a timer. That is, when the brake flag A is off and the brake operation pressure PB is below a predetermined value PB1, a brake off signal is output and the brake flag A is turned on (14a). The predetermined value PB1 corresponds to an operation pressure when the brake pedal 1 is depressed to a maximal extent. […]. [0031] […]. Note that the predetermined value N1 corresponds to the vehicle speed when the vehicle travels at a low speed (for example, about 5 km/h) and the predetermined value N2 corresponds to the vehicle speed when the vehicle travels at a speed higher than the low speed (for example, about 10 km/h). […]. [0032] As shown in FIG. 3(a), the unlock determination circuit 13 outputs a brake on signal or a brake off signal according to the on/off of the brake flag A, on/off of the change-over switch 24, on/off of the proximity switch 23, and a measured time of the timer.” See also [Nakamura, pgs. 5-6. paras 0055-0056], which further explain that the vehicle is braked according to the vehicle speed, the service brake is locked when the vehicle is stopped, and the working brake is not operated when the accelerator pedal is operated, “[0055] This causes the brake control electromagnetic valve 6 to exert the pilot pressure according to the vehicle speed of the work vehicle onto the brake valve 2, so that the work vehicle can be braked with a braking force according to the vehicle speed of the work vehicle. Note that at least when the work vehicle is at a stop, the service brake is hydraulically locked. [0056] Note that when the work brake by automatic control of the work braking device mentioned above is not on and the accelerator pedal 64 has been operated (41c), even if the hand switch 26 is operated, an off signal is output from the work brake operation determination circuit 41 and the brake flag B remains off. That is, if the accelerator pedal 64 is operated, an input by the operation of the hand switch 26 is invalidated. As a result, a brake control pilot pressure signal having a set pilot pressure of 0 Mpa is output from the output circuit 43 through the change-over circuit 47. As mentioned above, the work brake by automatic control of the work braking device is not on, so that a brake control pilot pressure signal having a set pilot pressure of 0 Mpa is output from the output circuit 45 through the change-over circuit 46. Therefore, the Max determination circuit 48 outputs a brake control pilot pressure signal having a set pilot pressure of 0 Mpa to the brake control electromagnetic valve control signal output circuit 49. The brake control electromagnetic valve control signal output circuit 49 outputs a brake control electromagnetic valve output signal, which controls the set pilot pressure to 0 Mpa, to the brake control electromagnetic valve 6.” Finally see [Nakamura, pg. 7, para 0059], which further explains that the brake control valve exerts the braking force in accordance with the vehicle speed, “In the state where the work brake is on by the operation of the hand switch 26, if the brake pedal 1 is not depressed to a maximal extent (41d), an on signal is output from the work brake operation determination circuit 41 and the brake flag B is left to be on. This causes the brake control electromagnetic valve 6 to exert a pilot pressure according to the vehicle speed of the work vehicle onto the brake valve 2, so that a braking force according to the vehicle speed of the work vehicle is applied to brake the work vehicle.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Nakamura to include modulating the braking force in accordance with speed and a timer for monitoring input conditions. Doing so allows automation of braking operations of the driver which can be frequent and repetitive and can become cumbersome to the driver [Nakamura, pg. 1, para 0004]. Further this ensures that the vehicle does not come to a sudden stop and a high impact, due to an abrupt stop, can be prevented [Nakamura, pg. 7, para 0066.
Regarding Claim 5, Heo as modified discloses the limitations of Claim 3.
Heo does not disclose: (Original) […] wherein after the control unit has outputted the first signal for a predetermined time, the control unit outputs, when a vehicle speed is zero, a second signal that generates the set maximum braking force as the predetermined braking force to the auxiliary brake circuit and continues to output, when the vehicle speed is not zero, the first signal that generates the intermediate braking force as the predetermined braking force to the auxiliary brake circuit.
However, Murayama teaches: (Original) […] wherein after the control unit has outputted the first signal for a predetermined time, the control unit outputs, when a vehicle speed is zero, a second signal that generates the set maximum braking force as the predetermined braking force to the auxiliary brake circuit. See again [Murayama, pg. 13, para 0094], which explains that after a predetermined time a vehicle speed of zero the brake force hold control is activated.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Murayama to include waiting for a predetermined time and the vehicle to be stopped to apply a maximum, holding, brake force. Proper interpretation and coordination of the inputs and braking commands prevents erroneous operation of braking especially during high G deceleration states [Murayama, pg. 13, para 0094] and prevents malfunction of the control [Murayama, pg. 18, para 0133].
However, Nakamura teaches: […], and continues to output, when the vehicle speed is not zero, the first signal that generates the intermediate braking force as the predetermined braking force to the auxiliary brake circuit. See again [Nakamura, pg.4 , paras 0030-0032], which explain that the brake lock or unlock determination processes utilizes a timer and a predetermined time to control braking in accordance with vehicle speed, where the control modulates the brake after a predetermined time. Also see again [Nakamura, pgs. 5-6. paras 0055-0056], which further explain that the vehicle is braked according to the vehicle speed and the service brake is locked when the vehicle is stopped and the working brake is not operated when the accelerator pedal is operated. Finally see again [Nakamura, pg. 7, para 0059], which further explains that the brake control valve exerts the braking force in accordance with the vehicle speed.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Nakamura to include modulating the braking force in accordance with speed and a timer for monitoring input conditions. Doing so allows automation of braking operations of the driver which can be frequent and repetitive and can become cumbersome to the driver [Nakamura, pg. 1, para 0004]. Further this ensures that the vehicle does not come to a sudden stop and a high impact, due to an abrupt stop, can be prevented [Nakamura, pg. 7, para 0066.
Regarding Claim 6, Heo as modified discloses the limitations of Claim 4.
Heo does not disclose: (Currently Amended) […] wherein the control unit sets the predetermined time as a first predetermined time and is set to be longer than the first predetermined time.
However, Murayama teaches: (Currently Amended) […] wherein the control unit sets the predetermined time as a first predetermined time and is set to be longer than the first predetermined time. See [Murayama, pg. 17, paras 0121-0122], which explains that the state determination unit identifies the vehicle speed and sets a stop determination time, where the time is long in high deceleration conditions and short in low deceleration conditions, “[0121] First, the pre-stop braking state determination unit 39 of the ECU 3 determines whether or not the vehicle 100 before the stop is under high-G braking based on the deceleration of the vehicle 100 detected by the longitudinal acceleration sensor 56 (S200). . When it is determined that the vehicle 100 before the stop is under high G braking (S200: Yes), the stop determination value setting unit 40 sets the stop determination value T to the high G stop determination value T1 (S202). When it is determined that the vehicle 100 before the stop is not in the high G braking (S200: No), the stop determination value setting unit 40 sets the stop determination value T to the low G stop determination value T2 (S204). Here, the high G stop determination value T1 and the low G stop determination value T2 are times when the high G stop determination value T1 is relatively long and the low G stop determination value T2 is relatively short. [0122] The braking force holding control unit 34 sets the state where the vehicle speed of the vehicle 100 detected by the wheel speed sensors 51FL, 51FR, 51RL, and 51RR is 0 km / h in the stop determination value T seconds, that is, S202. It is determined whether or not the high G stop determination value T1 seconds or the low G stop determination value T2 seconds set in S204 continues (S206).” See also [Murayama, pgs. 17-18, para 0126], which further explains that a long stop determination value, or predetermined time, is used where the deceleration is large and a short stop determination value is used where the deceleration small, “Furthermore, the braking device 1 according to the embodiment of the present invention described above includes the longitudinal acceleration sensor 56 that detects the deceleration of the vehicle 100, and the ECU 3 is the deceleration of the vehicle 100 detected by the longitudinal acceleration sensor 56. Is set to a relatively long stop determination value (predetermined time) on the side where the deceleration is relatively large, and a relatively short stop determination value (predetermined time) on the side where the deceleration is relatively small. A stop determination value setting unit 40 is set. Therefore, the longitudinal acceleration sensor 56 detects the deceleration before the vehicle 100 stops, and the stop determination value setting unit 40 sets the stop determination value relatively long when the deceleration before the vehicle 100 stops is large.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Murayama to set the predetermined time for setting the brake force based on the speed, or deceleration. Doing so allows for matching vehicle behavior to the driver’s command, or intent [Murayama, pg. 10, para 0074] by properly detecting and interpreting the driver inputs for automatic brake operation [Murayama, pg. 11, para 0085]. Further proper interpretation and coordination of the inputs and braking commands prevents erroneous operation of braking especially during high G deceleration states [Murayama, pg. 13, para 0094] and prevents malfunction of the control [Murayama, pg. 18, para 0133].
Regarding Claim 7, Heo as modified discloses the limitations of Claim 1.
Heo does not disclose: (Currently Amended) […] wherein the control unit sets the predetermined time as a first predetermined time and is set to be longer than the first predetermined time.
However, Murayama teaches: (Currently Amended) […] wherein the control unit sets the predetermined time as a first predetermined time and is set to be longer than the first predetermined time. See [Murayama, pg. 17, paras 0121-0122], which explains that the state determination unit identifies the vehicle speed and sets a stop determination time, where the time is long in high deceleration conditions and short in low deceleration conditions. See also [Murayama, pgs. 17-18, para 0126], which further explains that a long stop determination value, or predetermined time, is used where the deceleration is large and a short stop determination value is used where the deceleration small.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Heo with Murayama to set the predetermined time for setting the brake force based on the speed, or deceleration. Doing so allows for matching vehicle behavior to the driver’s command, or intent [Murayama, pg. 10, para 0074] by properly detecting and interpreting the driver inputs for automatic brake operation [Murayama, pg. 11, para 0085]. Further proper interpretation and coordination of the inputs and braking commands prevents erroneous operation of braking especially during high G deceleration states [Murayama, pg. 13, para 0094] and prevents malfunction of the control [Murayama, pg. 18, para 0133].
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MARIE HARTMANN whose telephone number is (571)272-5309. The examiner can normally be reached M-F 7-5.
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/E.M.H./Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
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