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 .
Response to Amendment
In response to the office action mailed 03/06/2026, Applicant amended Claims 1, 5, 9, 15, and 17. Claims 1-20 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 7-9, filed 03/06/2026, with respect to the rejection(s) of claim(s) 1, 9, and 15 under 35 U.S.C. 102a1 have been fully considered and are persuasive in view of the amendment. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 103 in view of newly discovered prior art Hoare et al. (U.S. 2020/0180627A1) as detailed below.
Claim Interpretation
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.
“a deformable surface” as recited in the claims is being broadly construed in light of the specification as it would be understood by one of ordinary skill in the art as “Deformable surfaces such as grass, mud, or sand can affect traction.” (¶0003) and “The deformable surface 116 may include an un-paved surface such as dirt, grass, gravel, or similar surface.” (¶0018)
“a non-deformable surface” as recited in the claims is being broadly construed in light of the specification as it would be understood by one of ordinary skill in the art as “The geographic area 104 may be characterized by a paved/non-deformable surface 114 and a deformable surface 116. The paved surface 114 may include an asphalt, concrete, or any other similar surface.” (¶0018) “torque bias” as recited in the claims is being broadly construed in light of the specification as it would be understood by one of ordinary skill in the art as “receiving torque from the engine” (¶0046) and “The assigned level of deformity may then be used by the wheel control unit 110 to adjust the torque applied to one or more wheels of the vehicle 102. The torque biasing may be applied in context of propulsion torque or braking torque depending on whether the vehicle is gaining speed or slowing down.” (¶0022) and “The method of applying the torque biasing/vectoring may depend on the design of the vehicle. In one embodiment, an axle-to-axle torque vectoring may be employed. In this technique, in addition to the surface conditions, the vehicle may monitor various parameters such as wheel speeds, steering angle, throttle position, and yaw rate using one or more sensors and may vary the amount of torque sent to the front and rear axles. In this embodiment, the vehicle transfers more torque to the axle of the one or more wheels that are on the paved surfaces (i.e. axle with better traction). In another embodiment, a side-to-side torque vectoring may be employed at step 310. In the side-to-side torque vectoring, the vehicle actively distributes torque across the wheels on the same axle of the vehicle” (¶0047)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7-12, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (U.S. 2023/0382390A1) in view of Nobuyoshi (JP2008228407) as evidentiary support. MPEP2131.01 states “Normally, only one reference should be used in making a rejection under 35 U.S.C. 102. However, a 35 U.S.C. 102 rejection over multiple references has been held to be proper when the extra references are cited to: (A) Prove the primary reference contains an "enabled disclosure;" (B) Explain the meaning of a term used in the primary reference; or (C) Show that a characteristic not disclosed in the reference is inherent.”; in view of Hoare et al. (U.S. 2020/0180627A1.
In this instance, Sato is directed towards controlling a vehicle’s driving force distributed through each of the driven wheels based on detected road surface conditions and the corresponding estimated road surface friction coefficients. Sato further states “Conventionally, there are vehicles that control the driving force of the vehicle's drive wheels in order to prevent the drive wheels from slipping. For example, Japanese Unexamined Patent Application Publication (JP-A) No. 2008-228407 discloses technology for estimating the friction coefficient of the road surface in front of the vehicle based on an image of the road surface in front of the vehicle captured with a camera, calculating the maximum driving force of the drive wheels based on the friction coefficient, and controlling the driving force of the drive wheels so as to fall within the range of the maximum driving force.” (¶0003) Sato discloses “In the detailed description of this application, as a general rule, forces such as driving force or braking force will be described separately from torques (force x distance) such as driving torque and braking torque. However, in the claims and throughout the specification, driving torque and driving force will sometimes be collectively referred to as driving force, and braking torque and braking force will sometimes be collectively referred to as braking force.” (¶0023). Therefore, for the purpose of a person of ordinary skill in the art upon reviewing the references would understand the term “driving force” as recited in both Sato and Noboyushi as collectively referring to a “driving torque” (force x distance) applied by thru wheels of the vehicle to the ground upon which it is travelling. Nobuyoshi is cited as an extra reference for the purpose of explaining the meaning of the term “driving force” recited in Sato.
Regarding Claim 1, Sato discloses:
A vehicle (Fig. 1, and 5, item 10) comprising:
one or more processors (Fig. 1, 102; ¶0018-0019);
a plurality of wheels (Fig. 5, ¶0083, ‘four-wheel drive wheels’ vehicle;
one or more sensors (Fig. 1, 112 & ¶0020, 122 & ¶0029, 132 & ¶0032) coupled to the one or more processors;
a wheel location detection unit (Fig. 1-2, controller 100; “The first road surface friction coefficient estimator 114, the second road surface friction coefficient estimator 124, and the third road surface friction coefficient estimator 134 may be included in the controller 100, for example.”) coupled to the one or more processors;
a surface deformation estimation unit (Fig. 1-2, controller 100; ¶0105; “The first road surface friction coefficient estimator 114, the second road surface friction coefficient estimator 124, and the third road surface friction coefficient estimator 134 may be included in the controller 100, for example.”) coupled to the one or more processors;
and a wheel control unit (Fig. 1-2, controller 100) coupled to the plurality of wheels (controller 100 controlling vehicle control device 140 that drives/brakes vehicle wheels), wherein the one or more processors is operable to:
receive data from the one or more sensors (Fig. 4, S100, S104, S106);
cause the wheel location detection unit to determine, based on the data, that at least a first wheel of the plurality of wheels is currently on a deformable surface (Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor112 to detect first road surface and left/right side road surface conditions; “Road surface conditions are, for example, conditions related to the slipperiness of the road surface. Road surface conditions can be divided into, for example, a high μ road where the road surface friction coefficient μ is greater than or equal to a certain threshold, and a low μ road where the road surface friction coefficient μ is less than the certain threshold. The certain threshold is, for example, 0.5. This is not the only possible case, and road surface conditions may be divided into, for example, three or more categories based on multiple thresholds of the road surface friction coefficient μ. In addition, road surface conditions may be classified according to the type of road surface, such as dry road surface (dry), wet road surface (wet), snowy road surface (snow), and icy road surface (ice). The first road surface is the road surface at the current position that the drive wheels of the vehicle 10 are in contact with. “);
cause the wheel location detection unit to determine, based on the data, that at least a second wheel of the plurality of wheels is currently on a non-deformable surface ((Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor112 to detect first road surface and left/right side road surface conditions; “Road surface conditions are, for example, conditions related to the slipperiness of the road surface. Road surface conditions can be divided into, for example, a high μ road where the road surface friction coefficient μ is greater than or equal to a certain threshold, and a low μ road where the road surface friction coefficient μ is less than the certain threshold. The certain threshold is, for example, 0.5. This is not the only possible case, and road surface conditions may be divided into, for example, three or more categories based on multiple thresholds of the road surface friction coefficient μ. In addition, road surface conditions may be classified according to the type of road surface, such as dry road surface (dry), wet road surface (wet), snowy road surface (snow), and icy road surface (ice). The first road surface is the road surface at the current position that the drive wheels of the vehicle 10 are in contact with. “);
cause the surface deformation estimation unit to determine a deformity level of the deformable surface (¶0028; “As described above, the contact detector 110 detects by contact first road surface information and estimates the first road surface friction coefficient μ1 using the detected first road surface information”; Fig. 5, for example, a situation where vehicle is driving with at least one right side wheel in contact with a high μ road surface condition (e.g. dry road surface) while at least one left wheel is in contact with a low μ road surface condition (e.g. snowy road surface), the system therefore determines a deformity level difference between different wheels and their corresponding road surfaces) ;
cause the wheel control unit to determine, based on the deformity level (¶0093, “the road surface friction coefficient setter 304 sets, for example, the left first road surface friction coefficient μ1L for the left first road surface, and sets the right first road surface friction coefficient μ1R for the right first road surface. The road surface friction coefficient setter 304 also sets, for example, the left second road surface friction coefficient μ2L for the left second road surface, and sets the right second road surface friction coefficient μ2R for the right second road surface”), an amount of torque bias (drive force; ¶0103) to be applied to the second wheel (Fig. 4, S120, Fig. 5; ¶0103 “According to the second embodiment, the road surface conditions of the first road surface and the second road surface are determined on each of the left and right sides, and according to the results, different road surface friction coefficients μ are applied to set the upper limit driving forces of the drive wheels on the left and right sides. Accordingly, the upper limit driving forces of the drive wheels on the left and right sides on split road surfaces can be accurately calculated, and the driving force of the vehicle 10 can be more optimally controlled. “) ;
and cause the wheel control unit to apply the amount of torque bias to the second wheel (Fig. 4, S120, driving force of each wheel is controlled based on the road surface conditions and respectively determined friction coefficient μ at each wheel location; ¶0103)
Sato discloses all the elements of Claim 1 but does not explicitly teach wherein the deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon
Hoare discloses “The present invention relates to a system for use in a vehicle and in particular to a system that enables a vehicle to determine an indication of a characteristic of the terrain in the path of the vehicle and to react accordingly. Aspects of the invention relate to a vehicle launch control system, a method for use in a vehicle, and to a vehicle itself.” (¶0001) and “It will be appreciated that reference to a terrain characteristic may be a feature of the terrain (such as the friction of the surface, the deformability, or the water content) but may also include a complete characterisation to identify the type (e.g. grass or snow).” (¶0031), and “Upon initialisation, radar and acoustic signals are transmitted to and received by the sensors 12, 22, as described previously, allowing a determination of the terrain type to be made, or at least a determination of a surface characteristic (e.g. friction, deformability, water content) of the terrain.” (¶0071, Fig. 4), and “[0072] If it is determined at step 106 that the terrain in the path of the vehicle (e.g. immediately in front of where the vehicle is parked) is a low friction surface, such as a water saturated or puddled surface (for example, due to rain fall overnight), there is a likelihood that undesirable wheel slip will occur if vehicle launch were to be performed with manual torque control, that is to say where the torque sent to the wheels is as a direct request of a driver demanded powertrain torque. At step 108 a signal is sent by the control module 33 to the engine torque control system 37 to modify or adapt the driver demanded torque to be applied to the vehicle wheels so as to minimise or avoid the risk of wheel slip in these conditions. [0073] The torque demand signal for the torque to be applied to the vehicle wheels is determined from a driver input at the pedal or other suitable driver interface means, and in one embodiment the driver demanded torque signal is modified by limiting the torque applied at the wheels, regardless of the driver demand. In this way the vehicle has a controlled launch on the low friction or otherwise deformable surface, and excessive demand from the driver, which may otherwise cause wheel slip, is minimised or prevented. [0074] It will be appreciated that the extent to which wheel slip is controlled may depend on the type of surface or terrain characteristic identified by the system and on which the vehicle is travelling, as it is known that in some circumstances, a degree of controlled wheel slip is desirable in order to maintain optimal progress of the vehicle on some surfaces. [0075] One useful threshold may be surface friction. However, the threshold may be another threshold for another surface characteristic, e.g. deformability or water saturation or content of a particular surface.”; see also ¶0081 for automatic modification of driving torque based on detected terrain characteristic (surface deformability level) compared to predetermined thresholds.
Hoare teaches wherein the deformity level (detected terrain deformability) is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon (¶0071-0075, and ¶0081) in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle driving force control system of Sato to incorporate the teachings of Hoare to include wherein the deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
Regarding Claim 9, Sato discloses A method (Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor 112 to detect first road surface and left/right side road surface conditions); comprising:
determining, by a vehicle (Fig. 1, and 5, item 10), that a first wheel of the vehicle is currently on a first deformable surface (Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor112 to detect first road surface and left/right side road surface conditions; “Road surface conditions are, for example, conditions related to the slipperiness of the road surface. Road surface conditions can be divided into, for example, a high μ road where the road surface friction coefficient μ is greater than or equal to a certain threshold, and a low μ road where the road surface friction coefficient μ is less than the certain threshold. The certain threshold is, for example, 0.5. This is not the only possible case, and road surface conditions may be divided into, for example, three or more categories based on multiple thresholds of the road surface friction coefficient μ. In addition, road surface conditions may be classified according to the type of road surface, such as dry road surface (dry), wet road surface (wet), snowy road surface (snow), and icy road surface (ice). The first road surface is the road surface at the current position that the drive wheels of the vehicle 10 are in contact with. “);;
determining, by the vehicle, that a second wheel of the vehicle is currently on a second deformable surface (Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor112 to detect first road surface and left/right side road surface conditions; “Road surface conditions are, for example, conditions related to the slipperiness of the road surface. Road surface conditions can be divided into, for example, a high μ road where the road surface friction coefficient μ is greater than or equal to a certain threshold, and a low μ road where the road surface friction coefficient μ is less than the certain threshold. The certain threshold is, for example, 0.5. This is not the only possible case, and road surface conditions may be divided into, for example, three or more categories based on multiple thresholds of the road surface friction coefficient μ. In addition, road surface conditions may be classified according to the type of road surface, such as dry road surface (dry), wet road surface (wet), snowy road surface (snow), and icy road surface (ice). The first road surface is the road surface at the current position that the drive wheels of the vehicle 10 are in contact with. “); ;
determining, by the vehicle, a first estimated deformity level of the first deformable surface (¶0028; “As described above, the contact detector 110 detects by contact first road surface information and estimates the first road surface friction coefficient μ1 using the detected first road surface information”; Fig. 5, for example, a situation where vehicle is driving with at least one right side wheel in contact with a high μ road surface condition (e.g. dry road surface) while at least one left wheel is in contact with a low μ road surface condition (e.g. snowy road surface), the system therefore determines a deformity level difference between different wheels and their corresponding road surfaces);;
determining, by the vehicle, a second estimated deformity level of the second deformable surface (¶0028; “As described above, the contact detector 110 detects by contact first road surface information and estimates the first road surface friction coefficient μ1 using the detected first road surface information”; Fig. 5, for example, a situation where vehicle is driving with at least one right side wheel in contact with a high μ road surface condition (e.g. dry road surface) while at least one left wheel is in contact with a low μ road surface condition (e.g. snowy road surface), the system therefore determines a deformity level difference between different wheels and their corresponding road surfaces)
determining, by the vehicle, a first amount of torque bias to be applied to the first wheel based on the first estimated deformity level and the second estimated deformity level (Fig. 4, S120, Fig. 5; ¶0103 “According to the second embodiment, the road surface conditions of the first road surface and the second road surface are determined on each of the left and right sides, and according to the results, different road surface friction coefficients μ are applied to set the upper limit driving forces of the drive wheels on the left and right sides. Accordingly, the upper limit driving forces of the drive wheels on the left and right sides on split road surfaces can be accurately calculated, and the driving force of the vehicle 10 can be more optimally controlled. “);
determining, by the vehicle, a second amount of torque bias to be applied to the second wheel based on the first estimated deformity level and the second estimated deformity level(Fig. 4, S120, Fig. 5; ¶0103 “According to the second embodiment, the road surface conditions of the first road surface and the second road surface are determined on each of the left and right sides, and according to the results, different road surface friction coefficients μ are applied to set the upper limit driving forces of the drive wheels on the left and right sides. Accordingly, the upper limit driving forces of the drive wheels on the left and right sides on split road surfaces can be accurately calculated, and the driving force of the vehicle 10 can be more optimally controlled. “);
applying, by the vehicle, the first amount of torque bias to the first wheel; and applying, by the vehicle, the second amount of torque bias to the second wheel (¶0098; “the driving force controller 308 may control the overall driving force of the vehicle 10 by setting the driving force of the drive wheels on the side exceeding the upper limit driving force to the upper limit driving force, and adding the difference between the input driving force and the upper limit driving force to the driving force of the drive wheels on the other side.”; in other words the controller is configured to apply different amounts of driving force (torque) to each wheel according to the determined road surface friction coefficients (surface deformity level).
Sato discloses all the elements of Claim 9 but does not explicitly teach wherein the first estimated deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon or wherein the second estimated deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon
Hoare discloses “The present invention relates to a system for use in a vehicle and in particular to a system that enables a vehicle to determine an indication of a characteristic of the terrain in the path of the vehicle and to react accordingly. Aspects of the invention relate to a vehicle launch control system, a method for use in a vehicle, and to a vehicle itself.” (¶0001) and “It will be appreciated that reference to a terrain characteristic may be a feature of the terrain (such as the friction of the surface, the deformability, or the water content) but may also include a complete characterisation to identify the type (e.g. grass or snow).” (¶0031), and “Upon initialisation, radar and acoustic signals are transmitted to and received by the sensors 12, 22, as described previously, allowing a determination of the terrain type to be made, or at least a determination of a surface characteristic (e.g. friction, deformability, water content) of the terrain.” (¶0071, Fig. 4), and “[0072] If it is determined at step 106 that the terrain in the path of the vehicle (e.g. immediately in front of where the vehicle is parked) is a low friction surface, such as a water saturated or puddled surface (for example, due to rain fall overnight), there is a likelihood that undesirable wheel slip will occur if vehicle launch were to be performed with manual torque control, that is to say where the torque sent to the wheels is as a direct request of a driver demanded powertrain torque. At step 108 a signal is sent by the control module 33 to the engine torque control system 37 to modify or adapt the driver demanded torque to be applied to the vehicle wheels so as to minimise or avoid the risk of wheel slip in these conditions. [0073] The torque demand signal for the torque to be applied to the vehicle wheels is determined from a driver input at the pedal or other suitable driver interface means, and in one embodiment the driver demanded torque signal is modified by limiting the torque applied at the wheels, regardless of the driver demand. In this way the vehicle has a controlled launch on the low friction or otherwise deformable surface, and excessive demand from the driver, which may otherwise cause wheel slip, is minimised or prevented. [0074] It will be appreciated that the extent to which wheel slip is controlled may depend on the type of surface or terrain characteristic identified by the system and on which the vehicle is travelling, as it is known that in some circumstances, a degree of controlled wheel slip is desirable in order to maintain optimal progress of the vehicle on some surfaces. [0075] One useful threshold may be surface friction. However, the threshold may be another threshold for another surface characteristic, e.g. deformability or water saturation or content of a particular surface.”; see also ¶0081 for automatic modification of driving torque based on detected terrain characteristic (surface deformability level) compared to predetermined thresholds.
Hoare teaches wherein the first estimated deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon and wherein the second estimated deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon (¶0071-0075, and ¶0081) in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle driving force control system of Sato to incorporate the teachings of Hoare to include wherein the first estimated deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon and wherein the second estimated deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
Regarding Claim 15, Sato discloses A method (Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor 112 to detect first road surface and left/right side road surface conditions) comprising:
receiving, by a vehicle (Fig. 1, and 5, item 10), data from one or more sensors (Fig. 1, 112 & ¶0020, 122 & ¶0029, 132 & ¶0032) of the vehicle;
determining, by a wheel location detection unit (Fig. 1-2, controller 100; “The first road surface friction coefficient estimator 114, the second road surface friction coefficient estimator 124, and the third road surface friction coefficient estimator 134 may be included in the controller 100, for example.”)of the vehicle and based on the data, that at least a first wheel of a plurality of wheels is currently on a deformable surface (Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor112 to detect first road surface and left/right side road surface conditions; “Road surface conditions are, for example, conditions related to the slipperiness of the road surface. Road surface conditions can be divided into, for example, a high μ road where the road surface friction coefficient μ is greater than or equal to a certain threshold, and a low μ road where the road surface friction coefficient μ is less than the certain threshold. The certain threshold is, for example, 0.5. This is not the only possible case, and road surface conditions may be divided into, for example, three or more categories based on multiple thresholds of the road surface friction coefficient μ. In addition, road surface conditions may be classified according to the type of road surface, such as dry road surface (dry), wet road surface (wet), snowy road surface (snow), and icy road surface (ice). The first road surface is the road surface at the current position that the drive wheels of the vehicle 10 are in contact with. “);
determining, by the wheel location detection unit (Fig. 1-2, controller 100; “The first road surface friction coefficient estimator 114, the second road surface friction coefficient estimator 124, and the third road surface friction coefficient estimator 134 may be included in the controller 100, for example.”)of the vehicle and based on the data, that at least a second wheel of the plurality of wheels is currently on a non-deformable surface ((Fig. 4, S108, Fig. 5 embodiment that uses at least first contact sensor112 to detect first road surface and left/right side road surface conditions; “Road surface conditions are, for example, conditions related to the slipperiness of the road surface. Road surface conditions can be divided into, for example, a high μ road where the road surface friction coefficient μ is greater than or equal to a certain threshold, and a low μ road where the road surface friction coefficient μ is less than the certain threshold. The certain threshold is, for example, 0.5. This is not the only possible case, and road surface conditions may be divided into, for example, three or more categories based on multiple thresholds of the road surface friction coefficient μ. In addition, road surface conditions may be classified according to the type of road surface, such as dry road surface (dry), wet road surface (wet), snowy road surface (snow), and icy road surface (ice). The first road surface is the road surface at the current position that the drive wheels of the vehicle 10 are in contact with. “);
determining, by a surface deformation estimation unit (Fig. 1-2, controller 100; “The first road surface friction coefficient estimator 114, the second road surface friction coefficient estimator 124, and the third road surface friction coefficient estimator 134 may be included in the controller 100, for example.”)of the vehicle, a deformity level of the deformable surface (¶0028; “As described above, the contact detector 110 detects by contact first road surface information and estimates the first road surface friction coefficient μ1 using the detected first road surface information”; Fig. 5, for example, a situation where vehicle is driving with at least one right side wheel in contact with a high μ road surface condition (e.g. dry road surface) while at least one left wheel is in contact with a low μ road surface condition (e.g. snowy road surface), the system therefore determines a deformity level difference between different wheels and their corresponding road surfaces)
determining, by a wheel control unit (Fig. 1-2, controller 100.)of the vehicle and based on the deformity level, (¶0093, “the road surface friction coefficient setter 304 sets, for example, the left first road surface friction coefficient μ1L for the left first road surface, and sets the right first road surface friction coefficient μ1R for the right first road surface. The road surface friction coefficient setter 304 also sets, for example, the left second road surface friction coefficient μ2L for the left second road surface, and sets the right second road surface friction coefficient μ2R for the right second road surface”), an amount of torque bias (drive force; ¶0103) to be applied to the second wheel (Fig. 4, S120, Fig. 5; ¶0103 “According to the second embodiment, the road surface conditions of the first road surface and the second road surface are determined on each of the left and right sides, and according to the results, different road surface friction coefficients μ are applied to set the upper limit driving forces of the drive wheels on the left and right sides. Accordingly, the upper limit driving forces of the drive wheels on the left and right sides on split road surfaces can be accurately calculated, and the driving force of the vehicle 10 can be more optimally controlled. “);
and applying, by the wheel control unit of the vehicle, the amount of torque bias to the second wheel (Fig. 4, S120, driving force of each wheel is controlled based on the road surface conditions and respectively determined friction coefficient μ at each wheel location; ¶0103; see also ¶0098; “the driving force controller 308 may control the overall driving force of the vehicle 10 by setting the driving force of the drive wheels on the side exceeding the upper limit driving force to the upper limit driving force, and adding the difference between the input driving force and the upper limit driving force to the driving force of the drive wheels on the other side.”; in other words the controller is configured to apply different amounts of driving force (torque) to each wheel according to the determined road surface friction coefficients (surface deformity level).)
Sato discloses all the elements of Claim 15 but does not explicitly teach wherein the deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon
Hoare discloses “The present invention relates to a system for use in a vehicle and in particular to a system that enables a vehicle to determine an indication of a characteristic of the terrain in the path of the vehicle and to react accordingly. Aspects of the invention relate to a vehicle launch control system, a method for use in a vehicle, and to a vehicle itself.” (¶0001) and “It will be appreciated that reference to a terrain characteristic may be a feature of the terrain (such as the friction of the surface, the deformability, or the water content) but may also include a complete characterisation to identify the type (e.g. grass or snow).” (¶0031), and “Upon initialisation, radar and acoustic signals are transmitted to and received by the sensors 12, 22, as described previously, allowing a determination of the terrain type to be made, or at least a determination of a surface characteristic (e.g. friction, deformability, water content) of the terrain.” (¶0071, Fig. 4), and “[0072] If it is determined at step 106 that the terrain in the path of the vehicle (e.g. immediately in front of where the vehicle is parked) is a low friction surface, such as a water saturated or puddled surface (for example, due to rain fall overnight), there is a likelihood that undesirable wheel slip will occur if vehicle launch were to be performed with manual torque control, that is to say where the torque sent to the wheels is as a direct request of a driver demanded powertrain torque. At step 108 a signal is sent by the control module 33 to the engine torque control system 37 to modify or adapt the driver demanded torque to be applied to the vehicle wheels so as to minimise or avoid the risk of wheel slip in these conditions. [0073] The torque demand signal for the torque to be applied to the vehicle wheels is determined from a driver input at the pedal or other suitable driver interface means, and in one embodiment the driver demanded torque signal is modified by limiting the torque applied at the wheels, regardless of the driver demand. In this way the vehicle has a controlled launch on the low friction or otherwise deformable surface, and excessive demand from the driver, which may otherwise cause wheel slip, is minimised or prevented. [0074] It will be appreciated that the extent to which wheel slip is controlled may depend on the type of surface or terrain characteristic identified by the system and on which the vehicle is travelling, as it is known that in some circumstances, a degree of controlled wheel slip is desirable in order to maintain optimal progress of the vehicle on some surfaces. [0075] One useful threshold may be surface friction. However, the threshold may be another threshold for another surface characteristic, e.g. deformability or water saturation or content of a particular surface.”; see also ¶0081 for automatic modification of driving torque based on detected terrain characteristic (surface deformability level) compared to predetermined thresholds.
Hoare teaches wherein the deformity level (detected terrain deformability) is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon (¶0071-0075, and ¶0081) in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle driving force control system of Sato to incorporate the teachings of Hoare to include wherein the deformity level is indicative of a propensity of the deformable surface to be deformably altered by vehicle travel thereon in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
Regarding Claim 2, Sato further discloses wherein the one or more sensors include one or more cameras (¶0079-0080; “the vehicle 10 according to the second embodiment includes the controller 100, the contact detector 110, the non-contact detector 120, the external information detector 130, and the vehicle drive device 140, like the components of the vehicle 10 according to the first embodiment described above….The controller 100 independently calculates the upper limit driving forces of the left drive wheels and the right drive wheels using, for example, the road surface friction coefficients μ of the left road surface and the right road surface, and controls the driving force of the vehicle 10. The road surface friction coefficient μ of the left road surface is, for example, a road surface friction coefficient μ estimated based on one or both of left first road surface information and left second road surface information described later. In addition, the road surface friction coefficient μ of the right road surface is, for example, a road surface friction coefficient μ estimated based on one or both of right first road surface information and right second road surface information described later.”; second road surface information is determined by non-contact detector 120 which may comprise one of the following sensors “a camera imaging the front of the vehicle a road surface temperature sensor, a near infrared ray sensor, and a laser light sensor. Note that the number of sensors used for scanning is not limited to one, and, for example, multiple sensors of the same type or of different types may be used.” ¶0085)
Regarding Claim 3, Sato further discloses wherein to determine the deformity level of the deformable surface, the one or more processors are further operable to: receive image data associated with the deformable surface from the one or more cameras; cause the surface deformation estimation unit to determine, based on the image data, surface characteristics data of the deformable surface; and cause the surface deformation estimation unit to determine the deformity level based on the surface characteristics data. (¶0079-0080; “the vehicle 10 according to the second embodiment includes the controller 100, the contact detector 110, the non-contact detector 120, the external information detector 130, and the vehicle drive device 140, like the components of the vehicle 10 according to the first embodiment described above….The controller 100 independently calculates the upper limit driving forces of the left drive wheels and the right drive wheels using, for example, the road surface friction coefficients μ of the left road surface and the right road surface, and controls the driving force of the vehicle 10. The road surface friction coefficient μ of the left road surface is, for example, a road surface friction coefficient μ estimated based on one or both of left first road surface information and left second road surface information described later. In addition, the road surface friction coefficient μ of the right road surface is, for example, a road surface friction coefficient μ estimated based on one or both of right first road surface information and right second road surface information described later.”; second road surface information is determined by non-contact detector 120 which may comprise one of the following sensors “a camera imaging the front of the vehicle a road surface temperature sensor, a near infrared ray sensor, and a laser light sensor. Note that the number of sensors used for scanning is not limited to one, and, for example, multiple sensors of the same type or of different types may be used.” ¶0085)
Regarding Claim 4, Sato further discloses wherein the surface characteristics data includes one or more of: skid resistance (“high μ road”), surface friction measurement (“surface friction coefficient estimator 124 “) , vibration data (“road surface unevenness”) , or surface texture data (*paved road, unpaved road”). (¶0030 “the second road surface friction coefficient estimator 124 applies, for example, the road surface temperature, road surface unevenness, and road surface moisture content detected by the non-contact sensor 122 to a road surface condition map, and determines whether the road surface condition of the second road surface is “dry”, “wet”, “snow”, or ice”. This is not the only possible case, and the second road surface friction coefficient estimator 124 may determine, for example, whether the road surface condition of the second road surface is a high μ road, low p road, paved road, unpaved road, asphalt, or concrete. The road surface condition map is a map in which “dry”, “wet”, “snow”, and “ice”, which are road surface conditions, are associated according to pre-stored road surface temperature, road surface unevenness, and road surface moisture content. The second road surface friction coefficient estimator 124 estimates the second road surface friction coefficient μ2 to a value in the range of 0.65 to 1.0 when the road surface condition is “dry”, and estimates the second road surface friction coefficient μ2 to a value in the range of 0.45 to when the road surface condition is “wet”. Moreover, the second road surface friction coefficient estimator 124 estimates the second road surface friction coefficient μ2 to a value in the range of 0.25 to 0.6 when the road surface condition is “snow”, and estimates the second road surface friction coefficient μ2 to a value in the range of 0.05 to when the road surface condition is “ice”.”)
Regarding Claims 5 and 17, the combination of Sato and Hoare teach all the elements of Claims 1 and 15. Hoare further teaches: wherein to determine the deformity level of the deformable surface, the one or more processors (Fig. 2, data processor) are further operable to: cause the surface deformation estimation unit to determine a surface type of the deformable surface (¶0060-0069, “determine the particular terrain type”) ; and cause the surface deformation estimation unit to determine, based on the surface type and a database comprising association information between a plurality of surface types and estimated deformity levels for the respective surface types, the deformity level of the deformable surface (¶0081-0082, Fig. 6; determining terrain type and deformability level compared to predetermined thresholds indicative of different types of deformable surfaces) in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
Hoare further teaches: wherein determining the deformity level of the deformable surface comprises: determining, by the surface deformation estimation unit (Fig. 2, data processor), a surface type (¶0060-0069, “determine the particular terrain type”)of the deformable surface; and determining, by the surface deformation estimation unit, based on the surface type and a database comprising association information between a plurality of surface types and estimated deformity levels for the respective surface types, the deformity level of the deformable surface (¶0081-0082, Fig. 6; determining terrain type and deformability level compared to predetermined thresholds indicative of different types of deformable surfaces) in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle driving force control system of Sato to incorporate the teachings of Hoare to include wherein to determine the deformity level of the deformable surface, the one or more processors are further operable to: cause the surface deformation estimation unit to determine a surface type of the deformable surface; and cause the surface deformation estimation unit to determine, based on the surface type and a database comprising association information between a plurality of surface types and estimated deformity levels for the respective surface types, the deformity level of the deformable surface and wherein determining the deformity level of the deformable surface comprises: determining, by the surface deformation estimation unit, a surface type of the deformable surface; and determining, by the surface deformation estimation unit, based on the surface type and a database comprising association information between a plurality of surface types and estimated deformity levels for the respective surface types, the deformity level of the deformable surface in order that “control of the vehicle is automatically improved and wheel slip and/or damage to the underlying terrain is avoided” (¶0008)
Regarding Claim 7 and 18, Sato further discloses wherein the one or more processors are further operable to cause the wheel control unit to determine the amount of torque bias based on a steering angle of the vehicle (¶0025, first road surface coefficient µ1 is determined based on “steering wheel angle, yaw rate , and vehicle speed”, wherein coefficient µ1 is used to determine driving force amounts for each wheel.) and further comprising determining, by the wheel control unit, the amount of torque bias based on a steering angle of the vehicle (¶0025, first road surface coefficient µ1 is determined based on “steering wheel angle, yaw rate , and vehicle speed”, wherein coefficient µ1 is used to determine driving force amounts for each wheel.)
Regarding Claims 8 and 19, Sato further discloses: wherein the one or more processors are further operable to cause the wheel control unit to determine the amount of torque bias based on weather data associated with the deformable surface (¶0029, non-contact sensor may detect outside air temperature for determining road surface friction coefficient µ2 which is used to determine driving force amounts for each wheel. Additionally, ¶0032-0033 discloses that “weather information is used to determine road surface friction coefficient µ3 which is also used to determine driving force amounts for each wheel.); and determining, by the wheel control unit, the amount of torque bias based on weather data associated with the deformable surface (¶0029, non-contact sensor may detect outside air temperature for determining road surface friction coefficient µ2 which is used to determine driving force amounts for each wheel. Additionally, ¶0032-0033 discloses that “weather information is used to determine road surface friction coefficient µ3 which is also used to determine driving force amounts for each wheel.).
Regarding Claim 10, Sato further discloses wherein determining that the first wheel of the vehicle is currently on the first deformable surface further comprises: receiving, from one or more cameras of the vehicle, image data associated with the first deformable surface; determining, using the image data, surface characteristics of the first deformable surface; and determining, based on the surface characteristics, that the first wheel is on the first deformable surface (Fig. 5 showing determination of each wheel on a road surface, including determination of a wheel being on a deformable surface ¶0079-0080; “the vehicle 10 according to the second embodiment includes the controller 100, the contact detector 110, the non-contact detector 120, the external information detector 130, and the vehicle drive device 140, like the components of the vehicle 10 according to the first embodiment described above….The controller 100 independently calculates the upper limit driving forces of the left drive wheels and the right drive wheels using, for example, the road surface friction coefficients μ of the left road surface and the right road surface, and controls the driving force of the vehicle 10. The road surface friction coefficient μ of the left road surface is, for example, a road surface friction coefficient μ estimated based on one or both of left first road surface information and left second road surface information described later. In addition, the road surface friction coefficient μ of the right road surface is, for example, a road surface friction coefficient μ estimated based on one or both of right first road surface information and right second road surface information described later.”; second road surface information is determined by non-contact detector 120 which may comprise one of the following sensors “a camera imaging the front of the vehicle a road surface temperature sensor, a near infrared ray sensor, and a laser light sensor. Note that the number of sensors used for scanning is not limited to one, and, for example, multiple sensors of the same type or of different types may be used.” ¶0085)
Regarding Claim 11, Sato further discloses determining a ratio of the first estimated deformity level and the second estimated deformity level, wherein the first amount of torque bias and the second amount of torque bias are based on the ratio (¶0021-0022 and ¶0030, controller determines road surface friction coefficients in the range of 0.05 (ice ratio) to 1.0 (dry road ratio) as the first and second deformity levels. Drive force distribution to each wheel on each respective surface is determined based on the surface friction coefficient ratios.)
Regarding Claim 12, Sato further discloses wherein the first estimated deformity level is higher than the second estimated deformity level and the second amount of torque bias is higher than the first amount of torque bias (Fig. 5, wheels on high surface friction road (low deformity) are provided higher driving force than wheels on low friction surface road (high deformity), see ¶0098; “ the driving force controller 308 may, for example, control the overall driving force of the vehicle 10 by making the driving force of drive wheels on the left and right sides different when the input driving force exceeds the lower of the upper limit driving force of the left drive wheels and the upper limit driving force of the right drive wheels. For example, in that case, the driving force controller 308 may control the overall driving force of the vehicle 10 by setting the driving force of the drive wheels on the side exceeding the upper limit driving force to the upper limit driving force, and adding the difference between the input driving force and the upper limit driving force to the driving force of the drive wheels on the other side.”)
Regarding Claim 14, Sato further discloses wherein determining the first estimated deformity level of the first deformable surface further comprises determining one or more of: a roughness index for the first deformable surface (dry road, snowy road); a surface texture of the first deformable surface (“unpaved road”); or rutting associated with the first deformable surface (*paved road, unpaved road”). (¶0030 “the second road surface friction coefficient estimator 124 applies, for example, the road surface temperature, road surface unevenness, and road surface moisture content detected by the non-contact sensor 122 to a road surface condition map, and determines whether the road surface condition of the second road surface is “dry”, “wet”, “snow”, or ice”. This is not the only possible case, and the second road surface friction coefficient estimator 124 may determine, for example, whether the road surface condition of the second road surface is a high μ road, low p road, paved road, unpaved road, asphalt, or concrete. The road surface condition map is a map in which “dry”, “wet”, “snow”, and “ice”, which are road surface conditions, are associated according to pre-stored road surface temperature, road surface unevenness, and road surface moisture content. The second road surface friction coefficient estimator 124 estimates the second road surface friction coefficient μ2 to a value in the range of 0.65 to 1.0 when the road surface condition is “dry”, and estimates the second road surface friction coefficient μ2 to a value in the range of 0.45 to when the road surface condition is “wet”. Moreover, the second road surface friction coefficient estimator 124 estimates the second road surface friction coefficient μ2 to a value in the range of 0.25 to 0.6 when the road surface condition is “snow”, and estimates the second road surface friction coefficient μ2 to a value in the range of 0.05 to when the road surface condition is “ice”.”)
Regarding Claim 16, Sato further discloses wherein the one or more sensors includes one or more cameras and wherein determining the deformity level of the deformable surface further comprising: receiving, by the vehicle, image data associated with the deformable surface from the one or more cameras; determining, by the surface deformation estimation unit and based on the image data, surface characteristics data of the deformable surface; and determining, by the surface deformation estimation unit, the deformity level based on the surface characteristics data (¶0079-0080; “the vehicle 10 according to the second embodiment includes the controller 100, the contact detector 110, the non-contact detector 120, the external information detector 130, and the vehicle drive device 140, like the components of the vehicle 10 according to the first embodiment described above….The controller 100 independently calculates the upper limit driving forces of the left drive wheels and the right drive wheels using, for example, the road surface friction coefficients μ of the left road surface and the right road surface, and controls the driving force of the vehicle 10. The road surface friction coefficient μ of the left road surface is, for example, a road surface friction coefficient μ estimated based on one or both of left first road surface information and left second road surface information described later. In addition, the road surface friction coefficient μ of the right road surface is, for example, a road surface friction coefficient μ estimated based on one or both of right first road surface information and right second road surface information described later.”; second road surface information is determined by non-contact detector 120 which may comprise one of the following sensors “a camera imaging the front of the vehicle a road surface temperature sensor, a near infrared ray sensor, and a laser light sensor. Note that the number of sensors used for scanning is not limited to one, and, for example, multiple sensors of the same type or of different types may be used.” ¶0085)
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (U.S. 2023/0382390A1) in view of Nobuyoshi (JP2008228407) as evidentiary support, in view of Hoare et al. (U.S. 2020/0180627A1 in further view of Velazquez Alcantar et al. (U.S. 2021/0078581A1; hereinafter referred to as Alcantar).
Regarding Claim 20, the prior art teaches all the elements of claim 15 as indicated above. Sato discloses executing split road surface friction coefficient based driving force control and determining the first road surface friction coefficient µ1 based in part on wheel speed slip (¶0024). However, Sat does not explicitly disclose wherein prior to determining the amount of torque bias, determining that a current vehicle speed is below a threshold speed.
Alcantar discloses “veh_speed_inhibit_flag is a variable that indicates if vehicle speed is less than a threshold speed (e.g., a speed above which split-Mu detection is not performed) “ (¶0043) and “The split-Mu inhibit flag only allows the split-Mu state machine in FIG. 3 to enter the left or right slip state if the average slip is below a predetermined threshold that may be calibrated, the yaw rate error is within a predetermined range, and the lateral acceleration is within a predetermined range. The logic is configured so that the split-Mu detection algorithm may not be allowed to trigger or activate during aggressive cornering (e.g., vehicle turning maneuvers) in order to avoid a larger change in driveline torque that may be due to a false positive split-Mu flag. “ (¶0053) and “Wheel slip control is activated when three criteria are simultaneously met: the measured wheel slip exceeds a predetermined threshold, the measured steering wheel angle is below a predetermined threshold, and the vehicle state modifier is set to true. The vehicle state modifier monitors the vehicle speed, yaw rate error and lateral acceleration. The purpose of the vehicle state modifier is to inhibit wheel slip control during certain vehicle operating ranges such as during hard cornering at high speed among other operating states.“ (¶0075)
Therefore Alcantar discloses or wherein prior to determining the amount of torque bias (wheel slip control), determining that a current vehicle speed is below a threshold speed (¶0043, vehicle speed less than a threshold speed) in order to inhibit wheel slip control during certain vehicle operating ranges such as during hard cornering at high speed such that the split-Mu detection algorithm may not be allowed to trigger or activate during aggressive cornering (e.g., vehicle turning maneuvers) to avoid a larger change in driveline torque. (¶0043 and ¶0075)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle drive force control system of Sato to incorporate the teachings of Alcantar to include wherein prior to determining the amount of torque bias, determining that a current vehicle speed is below a threshold speed in order to inhibit wheel slip control during certain vehicle operating ranges such as during hard cornering at high speed such that the split-Mu detection algorithm may not be allowed to trigger or activate during aggressive cornering (e.g., vehicle turning maneuvers) to avoid a larger change in driveline torque. (¶0043 and ¶0075)
Claim(s) 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (U.S. 2023/0382390A1) in view of Nobuyoshi (JP2008228407) as evidentiary support, in view of Hoare et al. (U.S. 2020/0180627A1 in further view of Nagaya et al. (U.S. 2005/0027427A1). Nagaya discloses “It is an object of the invention to make it possible to not only suppress wheel slip but also to efficiently transmit an engine torque as a driving force. [0006] A traction control device in accordance with one aspect of the invention includes a wheel speed detecting portion, a vehicle body speed calculating portion, a target slip vehicle speed setting portion, a target torque vehicle speed setting portion, an insufficient acceleration determining portion, and a target vehicle speed setting portion. The wheel speed detecting portion calculates a wheel speed of respective wheels of a vehicle. The vehicle body speed calculating portion calculates a vehicle body speed of the vehicle based on a wheel speed calculated by the wheel speed detection portion. The target slip vehicle speed setting portion sets a target slip vehicle speed serving as a target value for the wheel speed of each of the wheels such that the wheel speed becomes different from the vehicle body speed by a predetermined value. The target torque vehicle speed setting portion sets a target torque vehicle speed serving as a target value for the wheel speed of each of the wheels such that a torque of an engine mounted in the vehicle becomes equal to a predetermined value. The insufficient acceleration determining portion determines whether or not the vehicle is insufficiently accelerated. The target vehicle speed setting portion selectively sets a target value for the wheel speed of each of the wheels of the vehicle as the target slip vehicle speed or the target torque vehicle speed on the basis of a result of a determination made by the insufficient acceleration determining. As is apparent from the foregoing, the target value for the respective wheel speeds of each of the vehicle is switched between the target slip vehicle speed and the target torque vehicle speed on the basis of the result of the determination made by the insufficient acceleration determining portion. Thus, the vehicle can be prevented from being insufficiently accelerated. Therefore, it becomes possible not only to suppress slipping of the wheels, but also to efficiently transmit an engine torque as a driving force.” (¶0005-0007).
Regarding Claims 6 and 13, the prior art teaches all the elements of Claims 1 as indicated above. However, Sato does not explicitly teach: wherein the one or more processors are further operable to cause a first speed of the second wheel to match a second speed of the vehicle and matching a first speed of the first wheel to a second speed of the vehicle
Nagaya discloses wherein the one or more processors are further operable to cause a first speed of the second wheel (¶0041, respective speeds of each of the four wheels) to match (¶0068-0070); “As shown in FIG. 5, if the target slip vehicle speed Vs is set for the vehicle body speed Vb, the target slip vehicle speed Vs is adopted as the target vehicle speed V(n). Therefore, the wheel speed Vw** of each of the wheels FL, FR, RL and RR is controlled so as to equal the target slip vehicle speed Vs.”) a second speed of the vehicle (vehicle body speed, ¶0041) and matching a first speed of the first wheel (¶0041, respective speeds of each of the four wheels) to a second speed of the vehicle (¶0068-0070); “As shown in FIG. 5, if the target slip vehicle speed Vs is set for the vehicle body speed Vb, the target slip vehicle speed Vs is adopted as the target vehicle speed V(n). Therefore, the wheel speed Vw** of each of the wheels FL, FR, RL and RR is controlled so as to equal the target slip vehicle speed Vs.”) in order that a large engine torque can be obtained, and the insufficiently accelerated state of the vehicle can be eliminated and in order that “The wheel speed Vw** of each of the wheels is thereby controlled so as to suppress, as far as possible, slipping of the wheels FL, FR, RL and RR.” (¶0070-0071)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle drive force control system of Sato to incorporate the teachings of Nagaya to include wherein the one or more processors are further operable to cause a first speed of the second wheel to match a second speed of the vehicle and matching a first speed of the first wheel to a second speed of the vehicle in order that a large engine torque can be obtained, and the insufficiently accelerated state of the vehicle can be eliminated and in order that “The wheel speed Vw** of each of the wheels is thereby controlled so as to suppress, as far as possible, slipping of the wheels FL, FR, RL and RR.” (¶0070-0071)
Conclusion
This action is a final rejection and closes the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited to an appeal to the Patent Trial and Appeal Board, an amendment complying with the requirements set forth below, or a request for continued examination (RCE) to reopen prosecution where permitted. Please note that the Office also offers initiatives that are available to applicants after the close of prosecution. See https://www.uspto.gov/patents/initiatives/uspto-patent-applications-iniatives-timeline for more information.
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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).
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The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Luehrsen et al. (U.S. 2099/0112437A1) discloses “A method is provided for controlling a powertrain of a vehicle comprising wheels, and an accelerator pedal actuated by a driver. A method comprises controlling wheel slip to a first amount during a first road condition, the first amount independent of a driver requested output; and controlling the wheel slip to a second amount during a second road condition, the second amount based on the driver requested output, the second road condition having higher friction than the first road condition.” (Abstract)
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/BRIAN R KIRBY/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747
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