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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 11-13, 15-20 are rejected under 35 U.S.C. 101 because
the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) providing input data for the evaluation device (additional element); evaluating the input data with the evaluation device; and downgrading from the first mode to the second mode according to the result of the evaluation (judgement); wherein the input data is a performance curve of the first mode and providing the performance curve comprises ascertaining a torque-speed curve (observation), providing a first mode-dependent characteristic curve, calculating the performance curve from the torque-speed curve and the first mode- dependent characteristic curve using at least one mathematical formula (mathematical concept); wherein evaluating the input data comprises comparing (evaluation) an ascertained performance capability of the first mode according to the calculated performance curve with the performance capability of the second mode; wherein the first mode-dependent characteristic curve is provided by ascertaining the derivative of a second mode-dependent characteristic curve via differential calculation or a derivative function (mathematical concept). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitations perform abstract idea of observation, evaluation, judgement and mathematical concept without a control unit. There is no transformation (no control of the brake based on the determined values).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAI H HUYNH whose telephone number is (571)272-4844. The examiner can normally be reached Monday - Friday 8:00 AM-4:00 PM.
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/HAI H HUYNH/ Primary Examiner, Art Unit 3747