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 Arguments
Applicant’s arguments with respect to claims 14-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 14-16, 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Fritz (US 20190389468 A1) in view of Rushton (US 20210156403 A1) in further view of Bray (US 5680917 A).
Regarding claim 14, Fritz teaches a method for operating a drive train of a working machine(Fritz, paragraph 1, managing a braking priority of a work machine), comprising: providing the working machine having a drive motor(Fritz, paragraph 33, work machine… including a front section 110 and a rear section 140. The rear section 140 includes a vehicle engine or motor ), a service brake( Fritz, paragraph 64, a typical service brake assembly),
and a drive coupling of the drive motor of the drive train with at least one wheel of
the working machine(Fritz, paragraph 33, The motor 112, front axle and wheels 160, and rear axle and wheels 120 may be a part of a drive system that provides movement to the vehicle 10.),
operating the drive train on a downhill slope(Fritz, paragraph 85, if an over speed condition occurs when the vehicle 10 is traveling down a steep grade, the control unit 22 may implement the braking mode to slow the vehicle 10);
counteracting, by a braking torque of the drive motor, a downhill slope force acting on the
working machine(Fritz discloses that a torque can be initiated in braking mode, this torque can be used for braking of the vehicle(work machine). Also, the brake mode can be initiated when a vehicle is traveling downhill. Fritz, paragraph 45, The torque request may be for motoring in the motoring mode or electric braking in the braking mode. Fritz, paragraph 74, the braking mode may be initiated when the user indicates a desire to reduce the velocity of the vehicle 10 or when the vehicle is traveling down a grade.);
While Fritz discloses a braking a vehicle on a downhill slope, it fails to disclose an assisting brake; wherein the assisting brake is configured as a spring-applied and hydraulically or pneumatically releasable brake; detecting an impermissible acceleration; and automatically actuating the assisting brake in response to detecting the impermissible acceleration; wherein actuating the assisting brake is performed in accordance with a predefined braking torque and in accordance with a thermal load on the assisting brake.
However, Rushton which is in the same analogous art and that teaches about hydraulic system
discloses an assisting brake (Rushton discloses a supplementing brake that is similar to the assisting brake. Rushton, paragraph 45, Supplementing or replacing a regenerative braking function of the working vehicle via actuation of the SAHR brake is useful for times when regenerative braking is not available ) wherein the assisting brake is configured as a spring-applied and hydraulically or pneumatically releasable brake(Rushton, paragraph 199 , the control system may be configured to actuate the SAHR brake valve 40 so that the SAHR brake 38 supplements or replaces the regenerative braking function of the working vehicle ); detecting an impermissible acceleration(The specification discloses an impermissible acceleration may occur due to downhill travel or a downhill slope acting on the working machine, which indicates unintentional/unwanted acceleration due to an incline. Similarly, Rushton discloses detecting a vehicle on a slope and preventing it from rolling over and generating unwanted acceleration. Rushton, paragraph 42, the control system may apply the SAHR brake when it detects the working vehicle is on a hill. Rushton, paragraph 45, when a battery of the working vehicle has recently been charged and the working vehicle travels down a long incline, regenerative braking may lead to overcharge/damage of the battery. In this instance, regenerative braking would be turned off to avoid damage, which could lead to unwanted acceleration of the working vehicle); and
automatically actuating the assisting brake in response to detecting the impermissible
acceleration(Rushton discloses assisting a regenerated braking system with supplementary SAHR brake when vehicle travels down a long incline and unwanted acceleration occurs. Rushton, paragraph 45, when a battery of the working vehicle has recently been charged and the working vehicle travels down a long incline, regenerative braking may lead to overcharge/damage of the battery. In this instance, regenerative braking would be turned off to avoid damage, which could lead to unwanted acceleration of the working vehicle and/or excessive loading on manual brakes of the working vehicle. Turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz with Rushton to determine unwanted acceleration and assist the main braking system with supplemental SAHR braking system. By using assisting brake system such as SAHR brake, it is possible to prevent excessive loading on the manual brakes and preventing a damage to the braking system.(Rushton, paragraph 82, when a battery of the working vehicle has recently been charged and the working vehicle travels down a long incline, regenerative braking may lead to overcharge/damage of the battery. In this instance, regenerative braking would be turned off to avoid damage, which could lead to unwanted acceleration of the working vehicle and/or excessive loading on manual brakes of the working vehicle. Turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the supplementary brake therefore improves the safety and braking ‘feel’ of the working vehicle ).
The combination of Fritz and Rushton specifically fails to disclose a method wherein actuating the assisting brake is performed in accordance with a predefined braking torque and in accordance with a thermal load on the assisting brake.
However, Bray, which is in the same analogous art and that teaches about an apparatus for controlling a clutch or brake, discloses a method wherein actuating the assisting brake is performed in accordance with a predefined braking torque(Bray discloses a response and smoothness of the brakes(drain pressure) is based on the required torque, which is similar to predefined braking torque. Bray, col.2 line 27, applications of clutches and brakes in which the required engagement torque varies and there is not a constant drain pressure with acceptable response and smoothness for all conditions. Oftentimes, more delay is acceptable when engaging to a low torque and more initial torque is acceptable when engaging to a high torque. The response and smoothness can be improved by varying the drain pressure based on the required torque ) and in accordance with a thermal load on the assisting brake(Bray discloses requiring a clearance for brakes to reduce heat, which indicates the SAHR brakes (assisting brakes ) operate in accordance with a thermal load. Bray, col.3 line 37, clutches and brakes require some running clearance to reduce drag and heat generation to acceptable levels when disengaged. This clearance can also increase with time due to wear ).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz and Rushton with Bray to actuate the brakes based on the required torque for a smooth and dynamic braking operation. (Bray, col.2 line 27, applications of clutches and brakes in which the required engagement torque varies and there is not a constant drain pressure with acceptable response and smoothness for all conditions. Oftentimes, more delay is acceptable when engaging to a low torque and more initial torque is acceptable when engaging to a high torque. The response and smoothness can be improved by varying the drain pressure based on the required torque).
Regarding claim 15, the combination of Fritz, Rushton, and Bray teaches the method of claim 14(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque ), wherein the drive motor is configured as an electric motor(The specification discloses, the drive motor can be assigned to a traction drive. Similarly, Fritz discloses a motor for driving vehicle and traction elements. Fritz, paragraph 30, the traction motor converts electric energy from the bus into mechanical energy for use in driving one or more traction elements) and provides the braking torque generated by the drive motor in a recuperation mode(According to the specification, in recuperation mode, the driver motor provides a braking torque and recuperates electrical energy at the same time, which is similar to regenerative braking where a vehicle is decelerated by a reverse torque while generating electric energy simultaneously. Similarly, Fritz discusses a braking mode where torque is used for braking as well as the generation of electric energy. Fritz, paragraph 44, in the braking mode, the motor 16 is operable to convert mechanical energy into electric energy so as to supply electric energy onto the bus 20 thereby braking (i.e., slowing down) the rotational speed of the motor 16 and thus the speed of the vehicle 10).
Regarding claim 16, the combination of Fritz, Rushton, and Bray teaches the method of claim 14(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque), comprising: determining a quantity of heat supplied to the assisting brake in a braking operation(Fritz discloses a temperature sensor for monitoring the temperature(similar to heat) of the braking system. Fritz, paragraph 104 , the temperature sensors may provide readings of any component of the power source 23, electric drive system 12, and brake system 202.); and increasing an accumulating counter during actuation of the assisting brake(The specification discloses the accumulating counter is the measure of the amount of heat that is fed into the assisting brake due to braking operation, that leads temperature increase. Similarly, Fritz has a temperature sensor that detects the temperature of a braking system and determining when temperature threshold is exceeded indicating its continuous temperature monitoring capability. Fritz, paragraph 104, the temperature sensors may provide readings of any component of the power source 23, electric drive system 12, and brake system 202. Fritz, paragraph 103, the control unit 22 may increase the braking force applied by the braking system 202 when the electric drive system 12 is operating above a stored temperature threshold ).
Regarding claim 28, Fritz teaches an electrified drive train for a working machine(Fritz, paragraph 1, managing a braking priority of a work machine), the drive train comprising: a drive motor(Fritz, paragraph 33, work machine… including a front section 110 and a rear section 140. The rear section 140 includes a vehicle engine or motor ); a service brake(Fritz, paragraph 64, a typical service brake assembly); and a drive coupling of the drive motor of the drive train with at least one wheel of the working machine(Fritz, paragraph 33, The motor 112, front axle and wheels 160, and rear axle and wheels 120 may be a part of a drive system that provides movement to the vehicle 10.), so that a braking torque of the drive motor is configured to counteract a downhill slope force acting on the working machine(Fritz, paragraph 85, if an over speed condition occurs when the vehicle 10 is traveling down a steep grade, the control unit 22 may implement the braking mode to slow the vehicle 10);
While Fritz discloses a braking a vehicle on a downhill slope, it fails to disclose an assisting brake; wherein the drive train is configured to automatically actuate the assisting brake if the working machine is subject to an impermissible acceleration; and wherein the drive train is configured to actuate the assisting brake in accordance with a required braking torque and in accordance with a thermal load on the assisting brake; and wherein the assisting brake is configured as a hydraulically or pneumatically releasable brake.
However, Rushton which is in the same analogous art and that teaches about hydraulic system
discloses an assisting brake (Rushton discloses a supplementing brake that is similar to the assisting brake. Rushton, paragraph 45, Supplementing or replacing a regenerative braking function of the working vehicle via actuation of the SAHR brake is useful for times when regenerative braking is not available); wherein the drive train is configured to automatically actuate the assisting brake if the working machine is subject to an impermissible acceleration(Rushton discloses assisting a regenerated braking system with supplementary SAHR brake when vehicle travels down a long incline and unwanted acceleration occurs. Rushton, paragraph 45, when a battery of the working vehicle has recently been charged and the working vehicle travels down a long incline, regenerative braking may lead to overcharge/damage of the battery. In this instance, regenerative braking would be turned off to avoid damage, which could lead to unwanted acceleration of the working vehicle and/or excessive loading on manual brakes of the working vehicle. Turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle); and wherein the assisting brake is configured as a hydraulically or pneumatically releasable brake(Rushton, paragraph 199 , the control system may be configured to actuate the SAHR brake valve 40 so that the SAHR brake 38 supplements or replaces the regenerative braking function of the working vehicle).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz with Rushton to determine unwanted acceleration and assist the main braking system with supplemental SAHR braking system. By using assisting brake system such as SAHR brake, it is possible to prevent excessive loading on the manual brakes and preventing a damage to the braking system.(Rushton, paragraph 82, when a battery of the working vehicle has recently been charged and the working vehicle travels down a long incline, regenerative braking may lead to overcharge/damage of the battery. In this instance, regenerative braking would be turned off to avoid damage, which could lead to unwanted acceleration of the working vehicle and/or excessive loading on manual brakes of the working vehicle. Turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the supplementary brake therefore improves the safety and braking ‘feel’ of the working vehicle ).
The combination of Fritz and Rushton specifically fails to disclose a system wherein the drive train is configured to actuate the assisting brake in accordance with a required braking torque(Bray discloses a response and smoothness of the brakes(drain pressure) is based on the required torque, which is similar to predefined braking torque. Bray, col.2 line 27, applications of clutches and brakes in which the required engagement torque varies and there is not a constant drain pressure with acceptable response and smoothness for all conditions. Oftentimes, more delay is acceptable when engaging to a low torque and more initial torque is acceptable when engaging to a high torque. The response and smoothness can be improved by varying the drain pressure based on the required torque) and in accordance with a thermal load on the assisting brake(Bray discloses requiring a clearance for brakes to reduce heat, which indicates the SAHR brakes (assisting brakes ) operate in accordance with a thermal load. Bray, col.3 line 37, clutches and brakes require some running clearance to reduce drag and heat generation to acceptable levels when disengaged. This clearance can also increase with time due to wear).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz and Rushton with Bray to actuate the brakes based on the required torque for a smooth and dynamic braking operation. (Bray, col.2 line 27, applications of clutches and brakes in which the required engagement torque varies and there is not a constant drain pressure with acceptable response and smoothness for all conditions. Oftentimes, more delay is acceptable when engaging to a low torque and more initial torque is acceptable when engaging to a high torque. The response and smoothness can be improved by varying the drain pressure based on the required torque).
Regarding claim 29, the combination of Fritz, Rushton, and Bray teaches the drive train of claim 28(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque), wherein the drive train is configured to carry out the method of claim 14(Fritz, paragraph 48, The power train 13 may have a drive assembly or drive mechanism 32 to transmit motive power from the traction motor 16 to the ground. The drive mechanism 32 may have, for example, a multi-speed transmission 34 (e.g., three-speed transmission) under the control of a transmission controller 36 and two drive outputs.).
Regarding claim 30, A working machine comprising the drive train of claim 28(Fritz, paragraph38, Referring now to FIG. 1b, there is shown diagrammatically a series hybrid vehicle drive system 116 having an electric drive system 12 of a power train 13 of the vehicle 10. The vehicle 10 may be a work vehicle).
Claims 17-21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Fritz (US 20190389468 A1) in view of Rushton (US 20210156403 A1) in further view of Bray (US 5680917 A) in further view of Fraser (US 20170297573 A1).
Regarding claim 17, the combination of Fritz, Rushton, and Bray teaches the method of claim 16(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque),
The combination of Fritz, Rushton, and Bray specifically fails to discloses a braking system comprising: reducing the accumulating counter over time during a period of no actuation of the assisting brake.
However, Fraser, which is in the same analogous art and that teaches about controlling a powertrain of a vehicle based on available brake capacity discloses braking system comprising: reducing the accumulating counter over time during a period of no actuation of the assisting brake(According to the specification, accumulating counter is a measure of amount of heat. When no actuation of brake is performed, the accumulating counter decreases meaning temperature decreases for the braking system. Frazer discusses the stopping of a vehicle that allows cooling of brake system, indicating the heat/ temperature reduction when braking is not performed. Fraser, paragraph 27, if a driver of a vehicle traveling on a steep downhill mountain highway is informed of a potential brake fade situation along a planned route, the driver may choose to exit the highway to stop the vehicle and allow the brake material to cool).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz, Rushton, and Bray with Fraser to reduce the temperature of a braking system while actuation of a brake is not in operation. By reducing the temperature /heat of the braking system, it is possible to prevent damage to different elements of the braking system due to overheating. Furthermore, cooling helps prevent a brake fade that could cause an abnormal braking operation.
Regarding claim 18, the combination of Fritz, Rushton, Bray, and Fraser teaches the method of claim 17(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque), wherein reducing the accumulating counter is performed only during movement of the working machine(Fraser discusses downshifting( which occurs while moving) to reduce brake usage and rate of change of thermal capacity that indicates a decrease in temperature. Fraser, paragraph 49, If the brake capacity drops below a lower threshold, the controller in operation 510 may request a downshift to reduce the stopping demand of the friction brakes. Fraser, paragraph 21, A single downshift may not be enough to alleviate the friction brake requirements also referred to as hydraulic brake requirements…The system may continue to do this until the rate of change of thermal capacity is negative ).
Regarding claim 19, the combination of Fritz, Rushton, Bray, and Fraser teaches the method of claim 17(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque), comprising: continuously detecting a current travel speed of the working machine(Fritz’s measurement of speed and determination of whether the speed exceeds predefined threshold indicates the continuous measurement of speed. Fritz, paragraph 85, The vehicle speed sensor may communicate to the control unit 22 the vehicle speed. The control unit 22 may store a vehicle speed threshold therein and transition the electric drive system 12, power source 23, and brake system 202 into the braking mode when the vehicle speed is greater than the vehicle speed threshold); continuously comparing the current travel speed with a predefined limit speed(Fritz, paragraph 85, The control unit 22 may store a vehicle speed threshold therein and transition the electric drive system 12, power source 23, and brake system 202 into the braking mode when the vehicle speed is greater than the vehicle speed threshold); determining that the predefined limit speed is exceeded(Fritz’s initiation of braking mode when a vehicle speed is greater than threshold speed indicates its excess speed determining capability. Fritz, paragraph 85, brake system 202 into the braking mode when the vehicle speed is greater than the vehicle speed threshold); and adjusting the braking torque of the assisting brake by modulating the hydraulic or pneumatic pressure(Fritz, paragraph 55, the control unit 22 may utilize an electro-hydraulic brake system. Fritz, paragraph 78, The braking system 202 may be an electro-hydraulic system that is selectively engaged by the control unit….and [it] may have a braking mode and a release mode) in such a way that the actuation of the assisting brake reduces a travel speed of the working machine to such an extent that impermissible acceleration no longer occurs (106) (Fritz, paragraph 85 ,the vehicle speed threshold may be a maximum allowable vehicle speed. If the vehicle speed sensor identifies a vehicle speed greater than the maximum allowable vehicle speed, for example if an over speed condition occurs when the vehicle 10 is traveling down a steep grade, the control unit 22 may implement the braking mode to slow the vehicle 10. Fritz, paragraph 45, The torque request may be for motoring in the motoring mode or electric braking in the braking mode. Fritz, paragraph 74, the braking mode may be initiated when the user indicates a desire to reduce the velocity of the vehicle 10 or when the vehicle is traveling down a grade)solely due to the braking torque generated by the drive motor(As discussed above, Fritz discloses using torque to slow down a vehicle while in braking mode. Fritz, paragraph 45, The torque request may be for motoring in the motoring mode or electric braking in the braking mode. Fritz, paragraph 74, the braking mode may be initiated when the user indicates a desire to reduce the velocity of the vehicle 10 or when the vehicle is traveling down a grade).
Regarding claim 20, the combination of Fritz, Rushton, and Bray teaches the method of claim 16(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque),
determining that the accumulating counter is above a limit value(As discussed above, the specification discloses the accumulating counter is the measure of the amount of heat that is fed into the assisting brake due to braking operation. Fritz discloses increasing braking force when the temperature increases more than a threshold indicating its measuring and comparing capability against a predetermined temperature value. Fritz, paragraph 103, the control unit 22 may increase the braking force applied by the braking system 202 when the electric drive system 12 is operating above a stored temperature threshold ); and
limiting a maximum permissible vehicle speed of the working machine(Fritz, paragraph 85, the vehicle speed threshold may be a maximum allowable vehicle speed. [The] speed sensor identifies a vehicle speed greater than the maximum allowable vehicle speed). speed threshold value is reduced as long as the counter is above a limit value(Fraser discloses the reduction of speed setpoint( similar to speed threshold) when predicted brake capacity decreases below predetermined level. Fraser, paragraph 6, a method of controlling a powertrain of a vehicle includes, in response to a predicted capacity of vehicle brakes decreasing below a predetermined level, reducing, by a controller, a vehicle speed setpoint…. wherein the predicted capacity is based on a temperature associated with a friction material of the vehicle brakes and a predicted brake fade threshold derived from a speed.).
Regarding claim 21, the combination of Fritz, Rushton, and Bray teaches the method of claim 16(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque),
determining that the accumulating counter is above a limit value(As discussed above, the accumulating counter is the measure of heat of the assisting brake which is similar to the measurement of its temperature. And Fritz discloses its excess temperature determining capability. Fritz, paragraph 103, the control unit 22 may increase the braking force applied by the braking system 202 when the electric drive system 12 is operating above a stored temperature threshold); and reducing a speed threshold value while the counter is above the limit value( Fraser discloses the reduction of speed setpoint( similar to speed threshold) when predicted brake capacity decreases below predetermined level. Fraser, paragraph 6, a method of controlling a powertrain of a vehicle includes, in response to a predicted capacity of vehicle brakes decreasing below a predetermined level, reducing, by a controller, a vehicle speed setpoint…..wherein the predicted capacity is based on a temperature associated with a friction material of the vehicle brakes and a predicted brake fade threshold derived from a speed.).
Regarding claim 24, the combination of Fritz, Rushton, and Bray teaches the method of claim 16(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque), comprising: determining that the accumulation counter has reached a predefined limit value; terminating actuation of the assisting brake(Accumulation counter as discussed above is the measure of heat, and Fraser discloses maximum temperature that can be sustained by braking element. Furthermore, Fraser discusses when brake fade is predicted (maximum temperature capacity ), it reduces braking by downshifting request. Fraser, paragraph 3, In order to avoid brake fade, some ACC systems are designed to disengage when the friction brakes exceed a temperature. Fraser, paragraph 47, based on brake pressure and time data, along with a temperature of the brakes, determines available brake capacity. Fraser, paragraph 49, If the brake capacity drops below a lower threshold, the controller in operation 510 may request a downshift to reduce the stopping demand of the friction brakes );
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Fritz (US 20190389468 A1) in view of Rushton (US 20210156403 A1) in further view of Bray (US 5680917 A) in further view of Fraser (US 20170297573 A1) in further view of Wang (CN 113525332 A).
Regarding claim 22, the combination of Fritz, Rushton, Bray, and Fraser teaches the method of claim 19(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque),
determining that the predefined limit speed remains exceeded(Fritz’s initiation of braking mode when a vehicle speed is greater than threshold speed indicates its excess speed determining capability. Fritz, col.14 line 12, brake system 202 into the braking mode when the vehicle speed is greater than the vehicle speed threshold); repeating actuation of the assisting brake a first time with a first changed modulation(According to the specification, first changed modulation can be generating a higher braking torque than the previously used modulation. Similarly, Fraser, when it predicts a brake fade, it increases negative torque to slow down the vehicle. Fraser, paragraph 5, in response to a predicted brake capacity falling below a threshold based on predicted brake fade, reduce the setpoint and downshift the transmission to increase a negative torque.); determining that the accumulation counter has reached the limit value(The limit value of the accumulation counter is similar to Fraser’s capacity as it is a brake temperature threshold on which brake fade occurs. Fraser, paragraph 27, brake capacity includes a variable of the brake capacity in which the magnitude of the variable is based on a difference between a temperature of brake material and a temperature threshold at which brake fade occurs offset by a predicted rise in temperature of brake material. The predicted rise in brake material may be a static determination based on vehicle speed );
The combination of Fritz, Rushton, Bray, and Fraser fails to disclose a braking system specifying a first changed limit value for the accumulation counter.
However, Wang, which is in the same analogous art and that teaches about a brake monitoring method and device discloses a method of and specifying a first changed limit value for the accumulation counter(Wang, paragraph 131, by dynamically adjusting the temperature threshold for monitoring the brake system to be tested according to the brake, the determined temperature can be adapted to the requirement of the temperature monitoring in different brake stages, so as to more accurately identify whether the brake system is abnormal).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz, Rushton, Bray, and Fraser with Wang’s braking monitoring system to specify modified temperature threshold/limit for operation of the braking system. By specifying modified limit for the heat/temperature, it is possible to assign different temperature limit for different speed as higher speed require higher threshold. Additionally, dynamic braking system temperature limit allows the brakes to operate without being constrained by fixed temperature limit due to different driving condition.
Regarding claim 23, the combination of Fritz, Rushton, Bray, Fraser, and Wang teaches the method of claim 22(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque; Wang, paragraph 131, by dynamically adjusting the temperature threshold), further comprising: determining that the vehicle speed still remains above the predefined limit speed(Fritz, col.14 line 12, brake system 202 into the braking mode when the vehicle speed is greater than the vehicle speed threshold); determining that the accumulation counter has reached the first modified limit value(The limit value of the accumulation counter is similar to Fraser’s capacity where its brake temperature threshold on which brake fade occurs. Fraser, paragraph 27, brake capacity includes a variable of the brake capacity in which the magnitude of the variable is based on a difference between a temperature of brake material and a temperature threshold at which brake fade occurs offset by a predicted rise in temperature of brake material. The predicted rise in brake material may be a static determination based on vehicle speed); repeating the brake actuation a second time with a second modified modulation(According to the specification, second changed modulation can be generating a higher braking torque than the first modulation. The second modulation is similar to Fraser’s increasing of negative torque to increase brake capacity. Fraser, paragraph 5, in response to a predicted brake capacity falling below a threshold based on predicted brake fade, reduce the setpoint and downshift the transmission to increase a negative torque.); and specifying a second modified limit value for the accumulation counter(As discusses above, Wang teaches dynamically adjusting temperature threshold, and repeating for a second time would repetition of Wang’ teaching. Wang, paragraph 131, by dynamically adjusting the temperature threshold for monitoring the brake system to be tested according to the brake, the determined temperature can be adapted to the requirement of the temperature monitoring in different brake stages, so as to more accurately identify whether the brake system is abnormal ).
Claims 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Fritz (US 20190389468 A1) in view of Rushton (US 20210156403 A1) in further view of Bray (US 5680917 A) in further view of Yaguchi (CN 103338957 A).
Regarding claim 25, the combination of Fritz, Rushton, and Bray teaches the method of claim 16(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque).
The combination of Fritz, Rushton, and Bray specifically fails to disclose a method comprising: determining that the actuation of the assisting brake has reached a predefined time period; and terminating actuation of the assisting brake.
However, Yaguchi, which is in the same analogous art and that teaches about a vehicle control method comprising: determining that the actuation of the assisting brake has reached a predefined time period; and terminating actuation of the assisting brake(Yaguchi, paragraph 61, if through brake 22 for braking the sun gear 50 after lapse of a predetermined time, the brake unit 206 controls the brake 22 to stop the brake ).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz, Rushton, and Bray with Yaguchi to stop the braking operation when predetermined time has elapsed. By terminating of the actuation of the brakes, it is possible to prevent brake elements from damage due to overheating, allowing the cooling of brake components to avoid brake fade.
Regarding claim 26, the combination of Fritz, Rushton, and Bray teaches the method of claim 16(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque), comprising: determining that the speed has fallen below the limit speed; and terminating actuation of the assisting brake(Yaguchi, paragraph 61, if the vehicle speed decreases to below the threshold VL, the braking part 206 controls the brake 22 to stop the brake ).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Fritz (US 20190389468 A1) in view of Rushton (US 20210156403 A1) in further view of Bray (US 5680917 A) in further view of
D Amone (EP 3597497 A1).
Regarding claim 27, the combination of Fritz, Rushton, and Bray teaches the method of claim 14(Fritz, paragraph 1, managing a braking priority of a work machine; Rushton, paragraph 45, turning off the regenerative braking may also result in the manual brakes being less responsive and feeling ‘heavier’. Supplementing the regenerative braking with proportional actuation of the SAHR brake therefore improves the safety and braking ‘feel’ of the working vehicle; Bray, col.2 line 27, the response and smoothness can be improved by varying the drain pressure based on the required torque).
The combination of Fritz, Rushton, and Bray specifically fails to disclose a braking system comprising: terminating actuation of the assisting brake without the speed falling below the limit speed; and emitting an acoustic and/or visual and/or haptic warning to a driver.
However, D Amone, which is in the same analogous art and that teaches about a method and a system for controlling the speed of a vehicle discloses a method comprising: terminating actuation of the assisting brake without the speed falling below the limit speed; and emitting an acoustic and/or visual and/or haptic warning to a driver(D Amone’s driving assistance allows the driving of a vehicle under a maximum speed with an automatic lowering of speed by a braking action. Driving above the maximum speed deactivates the driving assistance and prompts a warning notification. D Amone, Paragraph 44, In order to allow the user to accelerate the vehicle immediately above maximum speed value, the driving assistance function may be deactivated when the driver applies full throttle or uses another exit routine. D Amone, Paragraph 11, automatically lowering the speed includes a braking action using one or more mechanical brakes of the vehicle, a braking action caused by the engine and/or a recuperation braking D Amone, Paragraph 18, one or more warnings are provided to the driver before deactivating the driving assistance function. Said warnings may visual, audible and/or haptic warnings (e.g. vibration of the steering wheel)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Fritz, Rushton, and Bray with D Amone to alert the driver that automatic(assisting) brake has been deactivated while a vehicle is driving above maximum speed limit. By warning the driver that the assisting brake has been terminated and vehicle is moving above speed limit, it is possible to increase awareness and encourage the driver to control the brake manually instead of relying on the assisting brake.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Linhoff (DE 102019210918 A1) discloses brake control of a vehicle travelling on a downhill slope while recuperating a vehicle's kinetic energy.
Conclusion
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/BESUFEKAD LEMMA TESSEMA/Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665
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