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 .
DETAILED ACTION
This action is in response to communications filed on 9/13/2024. Accordingly, claims 1- 8 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: information acquisition unit, information storage unit and weight estimation unit in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
In particular, claim 1 recites in the preamble “a control system comprising”. The body of claim 1 recites “information acquisition unit…information storage unit….and weight estimation unit” for each limitation (i.e., all of which could be interpreted as a unit of code etc.). Therefore, claim 1 is non-statutory because it is directed towards software, per se, lacking storage on a medium, which enables any underlying functionality to occur. It is not clear whether the instructions are in executable form and therefore there is no practical application.
As per claims 2-8 they all depend from claim 1 and are therefore rejected for having the same deficiencies as those presented above with respect to claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terai et al. (JP2019190852 A).
As per claim 1, Terai discloses: a vehicle control system comprising:
an information acquisition unit configured to acquire a braking or driving force and an acceleration of a vehicle as traveling state information each time (see Terai at least fig. 1- 6 in particular see fig. 2 & Abstract; ECU [600], acquisition section [610]);
an information storage unit configured to store the traveling state information acquired by the information acquisition unit (see Terai at least fig. 1- 6 in particular see fig. 2 & Abstract; acquiring front and rear driving force at two points, referencing the difference between the front and rear G); and
a weight estimation unit configured to derive an estimated value of a vehicle weight based on the traveling state information satisfying a predetermined selection condition among a plurality of pieces of the traveling state information stored by the information storage unit, wherein the selection condition is a condition under which disturbance in derivation of the estimated value of the vehicle weight by the weight estimation unit is reduced (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; weight estimation section [620]).
2: wherein the information acquisition unit acquires, as the traveling state information, at least one of an accelerator operation amount, a drive torque of a drive shaft of the vehicle, a traveling speed of the vehicle, a steering angle, a yaw rate of the vehicle, a lateral force of the vehicle, and a gradient of a road surface on which the vehicle travels, and the selection condition is that a value acquired as the traveling state information is within a predetermined range (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; driving force, steering angle, yaw rate, numerical value of state of vehicle during vehicle weight estimation).
3: wherein the weight estimation unit derives a plurality of sample values of the vehicle weight based on the traveling state information satisfying the selection condition, and derives an estimated value of the vehicle weight by performing statistical processing on the plurality of sample values (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; G and speed between passing points, numerical value of state of vehicle during vehicle weight estimation).
4: wherein when there are a predetermined number or more pieces of the traveling state information satisfying the selection condition, the weight estimation unit derives an estimated value of the vehicle weight based on the predetermined number or more pieces of the traveling state information (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; G and speed between passing points, numerical value of state of vehicle during vehicle weight estimation).
5: wherein when there are a predetermined number or more pieces of the traveling state information satisfying the selection condition, the weight estimation unit derives an estimated value of the vehicle weight based on the predetermined number or more pieces of the traveling state information (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; G and speed between passing points, numerical value of state of vehicle during vehicle weight estimation).
6: wherein the weight estimation unit derives a plurality of sample values of the vehicle weight based on the traveling state information satisfying the selection condition, and derives an estimated value of the vehicle weight by performing statistical processing on the plurality of sample values (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; G and speed between passing points, numerical value of state of vehicle during vehicle weight estimation).
7: wherein when there are a predetermined number or more pieces of the traveling state information satisfying the selection condition, the weight estimation unit derives an estimated value of the vehicle weight based on the predetermined number or more pieces of the traveling state information (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; G and speed between passing points, numerical value of state of vehicle during vehicle weight estimation).
8: wherein when there are a predetermined number or more pieces of the traveling state information satisfying the selection condition, the weight estimation unit derives an estimated value of the vehicle weight based on the predetermined number or more pieces of the traveling state information (see Terai at least fig. 1- 6 in particular see fig. 2-4 & Abstract; G and speed between passing points, numerical value of state of vehicle during vehicle weight estimation).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on 9-9:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MACEEH . ANWARI
Primary Examiner
Art Unit 3663
/MACEEH ANWARI/ Primary Examiner, Art Unit 3663
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