DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the electronic parking brake must be shown or the feature(s) canceled from the claim(s) 17-19. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 16-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites “wherein detection devices and implementation devices…a first brake system…a second brake system”. The written description states that the detection devices (11, 21) and implementation devices (13, 23) are part of the respective first and second brake systems (10, 20). Dependent claims 22 and 23 also correctly state that the detection devices and implementation devices are part of the respective brakes systems and are not separate from them. The relationship between the detection devices, implementation devices and braking system is unclear.
Claims 17, 18, 19 and 33 each require a “functionally-essential system”. It is unclear what the subjective qualifier “functionally-essential” requires.
Claim 19 recites “an electronic parking brake” twice (Lines 2-3) and “a trigger button” (Line 3). Antecedent claim 18 introduces “a button of an electronic parking brake”. It is unclear how many parking brakes and buttons are required and how they reconcile. It appears that the applicant intended for claim 19 to depend on claim 17, rather than claim 18.
Claims 21 and 24 recite the limitations “short-term energy supply” and “long-term energy supply”. It is unclear what the qualifiers “short” and “long” require in the context of power supplies.
Claim 22 twice recites each of “a first detection device”, “a first implementation device” and “a first transmission system”. Dependent claim 16 introduces “detection devices and implementation devices”. It is unclear how many devices and systems are required.
Claim 23 twice recites each of “a second detection device”, “a second implementation device” and “a second transmission system”. Dependent claim 16 introduces “detection devices and implementation devices”. It is unclear how many devices and systems are required.
Claims 25, 27 and 31 each require “automatic braking or forced braking”. The written description does not clearly define forced braking. It is unclear what the applicant considered forced braking and how it differs from autonomous braking.
Claim 28 recites “said energy supply” (Line 6). It is unclear which energy supply the applicant is referring to. For the purposes of examination, the Examiner assumed that the applicant was referring to the third energy supply.
In claim 31, the applicant recites “a high-voltage battery”. As antecedent claim 29 already introduces “a high-voltage battery”, it is unclear how many batteries are required.
Regarding claim 33, the applicant recites the limitation “as a function of diagnostic data” followed by limitations (“to actuate a driver-vehicle interface…to inform the driver”) whose relationship to the claimed diagnostic data is unclear.
In claim 35, the applicant recites “a brake system structure”. As antecedent claim 16 already introduces “a brake system structure”, it is unclear how many brake system structures are required.
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claim(s) 16-17, 21-27, 29-32, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Celinske et al (US 10,981,526) in view of Sun (CN 108177639).
Italic text denotes alternative claim limitations that are not rejected under prior art.
As per claim 16, Celinske et al discloses a brake system structure (Fig.1) for a vehicle (10), wherein detection devices (202, 522) and implementation devices (242, 542) for a braking request (Col. 7, lines 4-19) are mechanically decoupled from one another (The virtual driver sensors (202, 522) and brake actuators (242, 542) are housed separately, Fig. 2, 5), the brake system structure comprising:
a first brake system (110) for providing a braking function (Col. 7, lines 7-11), said first brake system being autonomous (Col. 7, lines 4-19) and having a first energy supply (104);
a second brake system (150) for providing a first fallback level (Col. 9, line 66 -- Col. 10, line 16) for the braking function, said second brake system being autonomous (Col. 7, lines 4-19) and having a second energy supply (144);
a third energy supply (20; Col. 5, lines 44-46; Col. 6, line 65--Col. 7, line 3) provided at least for said first brake system. Although Celinske et al discloses a vehicle propulsion motor (172; Col. 6, lines 40-43), they do not disclose a third brake system for providing a second fallback level for the braking function.
Sun discloses an emergency braking system comprising a first brake system ([0097]) for providing a braking function ([097]); a second brake system (4; [0011], [0087]) for providing a first fallback level (106; [0130], [0131], [0132]) for the braking function; and a third brake system ([0126], [0127]) for providing a second fallback level (105; [0125], [0126]) for the braking function. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the propulsion motor of Celinske et al by adding a regenerative braking capability as taught by Sun in order to provide a low-wear, redundant braking capability (Sun: [0004]).
As per claim 17, Celinske et al and Sun disclose the brake system structure according to claim 16. Sun further discloses wherein at least one of the following is true:
said third brake system is at least partially functionally implemented by a further functionally-essential system (105) of the vehicle, being at least one of an electromechanical drive system ([0126]) or an electronic parking brake (101; [0113]);
said third brake system is designed to provide the braking function by a generator deceleration ([0126], [0127]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the secondary brake system of Celinske et al by making it usable as a manually-controllable parking brake as taught by Sun in order to prevent unwanted movement.
As per claim 21, Celinske et al and Sun disclose the brake system structure according to claim 16. Celinske et al further discloses wherein said third energy supply is configured to supply a control unit (126; Col. 5, lines 3-14) and/or designed as a short-term energy supply (124; Col. 5, lines 15-24).
As per claim 22, Celinske et al and Sun disclose the brake system structure according to claim 16. Celinske et al further discloses wherein:
said first brake system has a first detection device (202) for detecting the braking request, a first implementation device (242) for implementing the braking request, and a first transmission system (142) for forwarding a detected braking request from said first detection device to said first implementation device; and
said first brake system includes a control electronics unit (200, 240) for a first detection device, a first implementation device, and a first transmission system.
As per claim 23, Celinske et al and Sun disclose the brake system structure according to claim 22. Celinske et al further discloses wherein:
said second brake system has a second detection device (522) for detecting the braking request, a second implementation device (542) for implementing the braking request, and a second transmission system (142) for forwarding a detected braking request from said second detection device to said second implementation device; and
said second brake system includes a control electronics unit (520, 540) for a second detection device, a second implementation device, and a second transmission system.
As per claim 24, Celinske et al and Sun disclose the brake system structure according to claim 16. Celinske et al further discloses wherein:
said first energy supply is configured as a long-term energy supply (104);
said second energy supply is configured as a long-term energy supply (144); and
at least one of said first energy supply or said second energy supply is configured to supply a control unit (240, 540, Fig. 2, 5; Col. 5, lines 60-64).
As per claim 25, Celinske et al and Sun disclose the brake system structure according to claim 16. Celinske et al further discloses wherein:
said first brake system is connected via a transmission system (Fig. 2; Col. 7, lines 4-11) to a control unit (200) for transmitting diagnostic data; and
said first brake system is connected, via the transmission system, to said control unit for executing at least one of automatic braking (Col. 7, lines 4-11) or forced braking.
As per claim 26, Celinske et al and Sun disclose the brake system structure according to claim 25, but do not disclose wherein the transmission system connected between said first brake system and said control unit is a communication bus system. Celinske et al discloses a communication bus system (Col. 6, lines 4-15) and wherein the transmission system is connected between said first brake system and said control unit (Fig. 2; Col. 7, lines 4-11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brake system of Celinske et al by connecting the brake actuator and computer with a CAN bus in order to provide high-bandwidth connectivity.
As per claim 27, Celinske et al and Sun disclose the brake system structure according to claim 25. Celinske et al further discloses wherein:
said second brake system is connected via the transmission system to the control unit for transmitting diagnostic data (Fig. 2; Col. 7, lines 4-11);
said second brake system is connected, via the transmission system, to the control unit for executing at least one of automatic braking (Col. 7, lines 4-11) or forced braking.
Sun further discloses wherein said third brake system is connected to the control unit for transmitting diagnostic data ([0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brake system of Celinske et al by controlling the regenerative braking system using the primary virtual driver computer as taught by Sun in order to properly integrate regenerative braking with the autonomous driving function.
As per claim 29, Celinske et al and Sun disclose the brake system structure according to claim 16. Celinske et al further discloses a control unit (200) integrated as software and/or hardware (Col. 11, lines 29-64) in a central control unit (106) of the vehicle; and
said control unit being configured to selectively request, receive, or process one or more of the following:
diagnostic data from said first brake system (244; Col. 7, lines 59-65);
diagnostic data from said second brake system (544; Col. 10, lines 10-16);
diagnostic data from said third brake system;
diagnostic data from said first energy supply;
diagnostic data from said second energy supply;
diagnostic data from said third energy supply; or
at least one operating parameter of a high-voltage battery of the vehicle. Celinske et al does not disclose at least one operating parameter of a high-voltage battery of the vehicle.
Sun discloses a control unit (Abstract) integrated as software and/or hardware (Abstract) in a central control unit (Abstract) of the vehicle; and said control unit being configured to selectively request, receive, or process one or more of the following: at least one operating parameter (104; [0123], [0124]) of a high-voltage battery ([0124]) of the vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle of Celinske et al by providing and regulating a designated battery for regenerative braking as taught by Sun in order to avoid overloading the electrical system during regenerative braking.
As per claim 30, Celinske et al and Sun disclose the brake system structure according to claim 29. Sun further discloses wherein the high-voltage battery of the vehicle is a traction battery ([0124]).
As per claim 31, Celinske et al and Sun disclose the brake system structure according to claim 29. Celinske et al further discloses wherein said control unit is configured:
to actuate at least one of said first brake system (Col. 7, lines 4-19) or said second brake system (Col. 7, lines 4-19) to execute at least one of automatic braking (Col. 7, lines 4-19) or forced braking as a function of diagnostic data (Col. 7, lines 20-30) concerning an entity selected from the group consisting of:
said first brake system (244; Col. 7, lines 59-65), said second brake system (544; Col. 10, lines 10-16), said third brake system, said first energy supply, said second energy supply, said third energy supply, and said at least one operating parameter of a high-voltage battery of the vehicle.
Sun further discloses wherein said control unit is configured: to actuate at least one of said first brake system (103) or said second brake system (106) to execute at least one of automatic braking or forced braking ([0131]) as a function of diagnostic data (104; [0124]) concerning an entity selected from the group consisting of: said first brake system, said second brake system, said third brake system, said first energy supply, said second energy supply, said third energy supply, and said at least one operating parameter ([0124]) of a high-voltage battery of the vehicle.
As per claim 32, Celinske et al and Sun disclose the brake system structure according to claim 31. Sun further discloses wherein the high-voltage battery of the vehicle is a traction battery ([0124]).
As per claim 35, Celinske et al and Sun disclose a brake system structure according to claim 16. Celinske et al further discloses a vehicle (Abstract).
8. Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Celinske et al (US 10,981,526) in view of Sun (CN 108177639) and further in view of Mitchell et al (US 2020/0023825).
As per claim 18, Celinske et al and Sun disclose the brake system structure according to claim 16. Sun further discloses wherein:
said third brake system has a third detection device (101; [0113]) for detecting the braking request;
said third detection device has a switch ([0113]) of an electronic parking brake (4; [0011], [0087]); and
said third detection device is at least partially functionally implemented by a further functionally-essential system of the vehicle ([0113]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the secondary brake system of Celinske et al by making it usable as a manually-controllable parking brake as taught by Sun in order to prevent unwanted movement. Sun does not disclose wherein said third detection device has a button.
Mitchell et al discloses a vehicle brake system wherein said third detection device has a button ([0085]) of an electronic parking brake ([0085]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parking brake switch of Celinske et al and Sun by using a button as taught by Mitchell et al in order to make parking brake application and release easier
As per claim 19, Celinske et al, Sun and Mitchell et al disclose the brake system structure according to claim 18. Mitchell et al further discloses wherein the further functionally-essential system of the vehicle is an electronic parking brake ([0085]) triggered by a trigger button of an electronic parking brake ([0085]).
As per claim 20, Celinske et al, Sun and Mitchell et al disclose the brake system structure according to claim 18. Mitchell et al further discloses wherein said third detection device is connected for signaling via a first signal line to a first implementation device of said first brake system; and/or said third detection device is connected for signaling via a second signal line (224; Data buses include signal lines [0056]) to a second implementation device ([0085]) of said second brake system.
9. Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Celinske et al (US 10,981,526) in view of Sun (CN 108177639) and further in view of Heinrichs et al (US 2011/0264952).
As per claim 28, Celinske et al and Sun disclose the brake system structure according to claim 16, but do not disclose wherein: said first energy supply is connected for signaling, via a transmission system, to a control unit for transmitting diagnostic data; said second energy supply is connected for signaling, via the transmission system, to the control unit for transmitting diagnostic data; and said [third] energy supply is connected for signaling, via the transmission system, to the control unit for transmitting diagnostic data.
Heinrichs et al discloses a computer power system wherein:
said first energy supply is connected for signaling, via a transmission system (31; [0077]), to a control unit (14; [0077]) for transmitting diagnostic data;
said second energy supply is connected for signaling, via the transmission system, to the control unit for transmitting diagnostic data ([0077]); and
said [third] energy supply is connected for signaling, via the transmission system, to the control unit for transmitting diagnostic data ([0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power system of Celinske et al by transmitting power supply diagnostic information to the virtual driver computer as taught by Heinrichs et al in order to detect power failures and compensate for them. Although not directed towards use in a vehicle, the computer network of Heinrichs et al ([0002]) is directed towards solving electrical power disruptions, a problem also faced by electric vehicle computers such as Celinske et al (Col. 6, lines 4-15). See MPEP 2141.01(a).
10. Claim(s) 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Celinske et al (US 10,981,526) in view of Sun (CN 108177639) and further in view of Wylie (US 2024/0092396).
As per claim 33, Celinske et al and Sun disclose the brake structure according to claim 27. Sun further discloses wherein said control unit is configured:
to actuate a further functionally-essential system ([0126]) of the vehicle, in order to provide the braking function by a generator deceleration (105; [0126], [0127]);
as a function of diagnostic data ([0124]) from at least one of said first brake system, said second brake system, said third brake system, said first energy supply, said second energy supply, said third energy supply, or from at least one operating parameter of a traction battery of the vehicle. Celinske et al and Sun do not disclose to actuate a driver-vehicle interface in order to inform and/or warn a driver about faults or to output a proposal for a further operation of the vehicle; and to inform the driver about a remaining travel distance or about a remaining travel time.
Wylie discloses an automotive motion control wherein, as a function of diagnostic data ([0053]) from at least one of said first brake system, said second brake system, said third brake system, said first energy supply, said second energy supply, said third energy supply, or from at least one operating parameter of a traction battery of the vehicle;
to actuate a driver-vehicle interface in order to inform and/or warn a driver about faults or to output a proposal for a further operation of the vehicle ([0019]). Although Wylie discloses controlling a remaining travel distance or a remaining travel time ([0020]), it is unclear whether the driver is informed of these restrictions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle of Celinske et al by apprising the driver of vehicle problems and solutions as taught by Wylie in order to expedite corrective actions.
As per claim 34, Celinske et al, Sun and Wylie disclose the brake structure according to claim 33. Wylie further discloses wherein said control unit is configured to inform the driver of a proposal to find a repair shop ([0019]).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Brake systems
Hecker et al (US 2021/0171062).
Hecker et al (US 2020/0406879).
Mizusaki et al (US 2020/0324744).
Akuzawa (US 2020/0070661).
Besier et al (US 2017/0072920).
Riddiford et al (US 2001/0035679).
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN M BOWES whose telephone number is (571)270-0460. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN M. BOWES IV
Examiner
Art Unit 3616
/STEPHEN M BOWES/Examiner, Art Unit 3616
/BRADLEY T KING/Primary Examiner, Art Unit 3616
Prosecution Insights