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 .
Notice on Prior Art Rejections
2. 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 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.
Status of Claims
3. This Office Action is in response to the applicant's arguments/remarks filed May 4, 2026. Claim 10 is cancelled. Claims 1, 9, 11, 12, are amended. Claims 1-9, and 11-21 are presently pending and are presented for examination.
Response to Arguments/Remarks
4. 35 USC § 101 rejection and Drawings. Applicant's arguments/remarks filed May 4, 2026 regarding the 35 USC § 101 rejection and Drawings have been fully considered. Applicant's arguments/amendments are persuasive. Accordingly, the 35 USC § 101 rejection and Drawings objection are withdrawn.
5. 35 USC § 103 rejection. Applicant's arguments/amendments filed May 4, 2026 regarding the 35 USC § 103 rejection have been fully considered. Applicant's arguments/amendments are not persuasive. Accordingly, the 35 USC § 103 rejection is maintained.
The applicant argues that “Lane does not determine a "distance to empty," as recited in the present claims. Lane predicts energy requirements for route segments along a travel path and evaluates deviations between predicted and actual energy use. As stated in the Abstract, Lane "predicts the energy requirement of the [battery electric machine] to complete one or more travel route segments." This determination is neither the same as nor equivalent to estimating a remaining travelable distance based on available driving energy, as expressly required by the independent claims. Lane also fails to disclose determining an average rolling resistance coefficient occurring during transient tire rubber temperature behavior based on a determined estimated duration of that transient behavior and a predetermined transient rolling resistance coefficient model in which rolling resistance is calculated as a function of ambient temperature, as required by each of the independent claims.”
Pursuant to MPEP 2144 Supporting a Rejection Under 35 U.S.C. 103, I. RATIONALE MAY BE IN A REFERENCE, OR REASONED FROM COMMON KNOWLEDGE IN THE ART, SCIENTIFIC PRINCIPLES, ART-RECOGNIZED EQUIVALENTS, OR LEGAL PRECEDENT, “The rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992)”
However, the examiner respectfully disagrees. The argued limitation of “distance to empty” are expressly or impliedly contained in the prior art and they are also known and conventional in the art. For example, Lane discloses an indication of how much of the useful lifetime of the battery has been consumed and how much remains before it must be replaced in paragraphs 20 (the SOC gives an indication of whether a battery will be able to support the load and achieve a desired range when called upon to do so) and 100. Also, in paragraph 25, the prior art describes the completion of tasks within available amount of energy where task can be traveling in a segment. These are clear examples of distance to empty in an electric vehicle. Further, the specification of the current invention admits in the background that distance to empty is conventional and known in the art “It is previously known to estimate distance to empty for example by considering historical data”. As far as, transient tire rubber temperature behavior and a predetermined transient rolling resistance coefficient, it is the combination of Lana and Futamura that discloses this limitation. Futamura teaches the evaluation of tire temperature and rolling resistance for a steady state or transient analysis. Therefore, it would have been obvious for a person of ordinary skill in the art to combine the disclosure of Lane with the teachings of Futamura to arrive at the disclosure of the current application. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Accordingly, it would have been obvious for a person of ordinary skill in the art to combine the disclosure of the prior art to disclose the current invention. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Accordingly, the limitations argued by the applicant are expressly or impliedly contained in the prior art as shown. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Therefore, for the above reasons, the examiner maintains rejection over claims 1-9, and 11-21.
Claim Rejections - 35 USC § 103
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 of this title, 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. Claims 1-9 and 11-21 are rejected under 35 U.S.C 103 as being unpatentable over Lane et al, US 2023/0194281, in view of Futamura et al. US 2004/0068391, hereinafter referred to as Lane and Futamura, respectively.
Regarding claim 1, Lane discloses a method, performed by a control device, for estimating a distance to empty for a vehicle (See at least fig 1-5, ¶ 25, 28, 96, 101, 8, “predicting the energy requirement of a battery electric machine (BEM) to complete one or more travel route segments along a path”), the method comprising the following steps:
determining an estimated duration of transient tire rubber temperature behavior of the vehicle for a planned upcoming driving event based on predicted driving conditions of the vehicle for the planned upcoming driving event (See at least fig 1-5, ¶ 32, 33, 44, 48, 49, 55, 57, 67, 70, 80, 85, 94, 100, 31, “determine energy requirements imposed upon the one or more machine batteries or other power sources based on information characterizing the machine, operation of the machine, and the environment of the machine, which may include the current location of the machine…current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, time of day, date, day of week, visibility, present road surface conditions, predicted road surface conditions for upcoming travel route segments, and the distance to/from other machines operating at the job site”);
determining an average rolling resistance coefficient during the transient tire rubber temperature behavior based on the determined estimated duration of transient tire rubber temperature behavior and a predetermined transient rolling resistance coefficient model according to which a transient rolling resistance coefficient is calculated as a function of ambient temperature (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 45, 46, 80, 23 “power management logic that can calculate an estimated energy requirement for the machine batteries based on information provided from the external environment of the machine, the operational status of the machine, the rolling resistance encountered by the machine over a particular segment of the travel path, one or more command inputs from an operator, and one or more operational parameters of the machine”); and
estimating the distance to empty based on available driving energy for the vehicle and in consideration of the estimated duration of transient tire rubber temperature behavior and the determined averaged rolling resistance coefficient during the transient tire rubber temperature behavior (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, “predicting the energy requirement of a battery electric machine (BEM) to complete one or more travel route segments along a path traversed by the BEM. The control system may be further configured for calculating the actual energy consumption of the BEM in completing the one or more travel route segments, comparing the actual energy consumption with the predicted energy requirement, and then updating the predicted energy”); and
providing the estimated distance to empty value for us in configuring an energy requirement of the vehicle (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, 100, “tallying the total energy usage for all segments for a given route, and providing an indicator as to whether a selected route or task can be completed on a current state-of-charge for a battery on the machine”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 2, Lane discloses the method according to claim 1, wherein the step of determining estimated duration of transient tire rubber temperature behavior comprises: estimating an initial tire rubber temperature at the start of the planned upcoming driving event; and based on the estimated initial tire rubber temperature, ambient temperature and the predicted driving conditions for the vehicle, determining an estimated duration until the tire has reached a temperature equal to or above a predetermined temperature threshold (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 46, 80, 23, 45 “current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, visibility, present road conditions, predicted road conditions for upcoming route segments, and the distance from other machines, obstacles, or humans.”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 3, Lane discloses the method according to claim 1, further comprising: identifying one or more portions of the planned driving event during which a transient tire rubber temperature behavior of the vehicle may occur, wherein the steps of determining an estimated duration of transient tire rubber temperature behavior of the vehicle for the planned upcoming driving event based on predicted driving conditions of the vehicle for the planned upcoming driving event and determining an average rolling resistance coefficient during the transient tire rubber temperature behavior are performed for each of said one or more identified portions of the planned driving event, and wherein the step of estimating the distance to empty is performed in consideration of the estimated duration of transient tire rubber temperature and the determined averaged rolling resistance coefficient during the transient tire rubber temperature behavior for each of said one or more identified portions of the planned driving event (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, “identical physical and operational characteristics traveling over one or more travel route segments with same or similar or identical physical characteristics. A feedback loop may be provided such that a predicted or estimated energy usage for a particular travel route segment based on parameters that may
include the machine location, machine systems efficiencies, site operational information (such as speed limits, delays caused by exterior conditions, etc.), battery characteristics such as state-of-charge, battery state-of-health, and number of charge cycles, and machine performance characteristics, may be compared with actual energy requirements, and the predicted energy usages may then be improved.”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 4, Lane discloses the method according to claim 1, wherein the step of determining an estimated duration of transient tire rubber temperature behavior comprises determining the estimated duration of transient tire rubber temperature based on stored reference data (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, 84, 93, “The data may be stored in one or more memory devices as a reference database, and may include values pertaining to actual energy usage, rolling resistance, wheel slip ratio, machine velocity, and
machine pose (including pitch, roll, and yaw) under different job site surface conditions and at different locations calculated for various types of machines operating over different travel route segments at the job site.”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 5, Lane discloses the method according to claim 1, wherein the predicted driving conditions comprises at least vehicle speed and vehicle load (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, 84, 93, 94, “The method may include determining a location of the machine, determining a terrain on which the machine is operating, estimating a terrain surface coefficient of friction, and generating signals indicative of data representing one or more of speed of the machine, pose of the machine, size of the machine, weight of the machine, tire type and pressure on the machine, load on the machine, cooling system performance on the machine, gear ratio for the drive train of the machine, weather characteristics, and road conditions and characteristics for the machine operating at a job site, using a sensing system”).
Regarding claim 6, Lane discloses the method according to claim 1, wherein the predetermined transient rolling resistance coefficient model further takes into account an estimated tire rubber temperature at initiation of the transient tire rubber temperature behavior (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 39, 40, 48, 8, 64, 84, 93, 94, 31, “current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, time of day, date, day of week, visibility, present road surface conditions, predicted road surface conditions for upcoming travel route segments, and the distance to/from other machines operating at the job site”).
Lane fails to explicitly discloses estimated tire rubber temperature at initiation of the transient tire rubber temperature behavior.
However, Futamura teaches estimated tire rubber temperature at initiation of the transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include estimated tire rubber temperature at initiation of the transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 7, Lane discloses the method according to claim 1, wherein the predetermined transient rolling resistance coefficient model further takes into account one or more parameters that may cause a cooling or warming effect of the tire during driving (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 39, 40, 48, 8, 64, 84, 93, 94, 31, 76, “Some of the unpredictable portions of paths may include soft underfoot condition portions, iced portions, wet portions, or portions with oil or other slippery materials, which may cause machines to experience significant wheel slip and/or rolling resistance, or to lose traction with the ground surface.
Each location along travel route segments with conditions that affect traction of one of machines may or may not affect a heading and/or location of the machine.”).
Regarding claim 8, Lane discloses the method according to claim 7, wherein the one or more parameters that may cause a cooling or warming effect of the tire during driving comprises rain, wet road conditions, humidity, and/or braking (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 39, 40, 48, 8, 64, 84, 93, 94, 31, 76, 80, “The sensing system may also be configured to generate signals indicative of weather characteristics at the time that may affect slippage of the machine, such as ambient temperature, humidity, rain, wind, ice, snow, etc. The sensing system may be still further configured to generate signals indicative of road surface and soil conditions”).
Regarding claim 9, Lane discloses a computer program product stored on a non-transitory computer-readable medium, said computer program product for estimating a distance to empty for a vehicle (See at least fig 1-5, ¶ 25, 28, 96, 101, 8, “predicting the energy requirement of a battery electric machine (BEM) to complete one or more travel route segments along a path”), wherein said computer program product comprising computer instructions to cause one or more computing devices to perform the following operations:
determining an estimated duration of transient tire rubber temperature behavior of the vehicle for a planned upcoming driving event based on predicted driving conditions of the vehicle for the planned upcoming driving event (See at least fig 1-5, ¶ 32, 33, 44, 48, 49, 55, 57, 67, 70, 80, 85, 94, 100, 31, “determine energy requirements imposed upon the one or more machine batteries or other power sources based on information characterizing the machine, operation of the machine, and the environment of the machine, which may include the current location of the machine…current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, time of day, date, day of week, visibility, present road surface conditions, predicted road surface conditions for upcoming travel route segments, and the distance to/from other machines operating at the job site”);
determining an average rolling resistance coefficient during the transient tire rubber temperature behavior based on the determined estimated duration of transient tire rubber temperature behavior and a predetermined transient rolling resistance coefficient model according to which a transient rolling resistance coefficient is calculated as a function of ambient temperature (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 45, 46, 80, 23 “power management logic that can calculate an estimated energy requirement for the machine batteries based on information provided from the external environment of the machine, the operational status of the machine, the rolling resistance encountered by the machine over a particular segment of the travel path, one or more command inputs from an operator, and one or more operational parameters of the machine”); and
estimating the distance to empty based on available driving energy for the vehicle and in consideration of the estimated duration of transient tire rubber temperature behavior and the determined averaged rolling resistance coefficient during the transient tire rubber temperature behavior (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, “predicting the energy requirement of a battery electric machine (BEM) to complete one or more travel route segments along a path traversed by the BEM. The control system may be further configured for calculating the actual energy consumption of the BEM in completing the one or more travel route segments, comparing the actual energy consumption with the predicted energy requirement, and then updating the predicted energy”); and
providing the estimated distance to empty value for us in configuring an energy requirement of the vehicle (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, 100, “tallying the total energy usage for all segments for a given route, and providing an indicator as to whether a selected route or task can be completed on a current state-of-charge for a battery on the machine”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 11, Lane discloses a control device configured to estimate distance to empty for a vehicle, wherein the control device is configured to:
determine an estimated duration of transient tire rubber temperature behavior of the vehicle for a planned upcoming driving event based on predicted driving conditions of the vehicle for the planned upcoming driving event (See at least fig 1-5, ¶ 32, 33, 44, 48, 49, 55, 57, 67, 70, 80, 85, 94, 100, 31, “determine energy requirements imposed upon the one or more machine batteries or other power sources based on information characterizing the machine, operation of the machine, and the environment of the machine, which may include the current location of the machine…current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, time of day, date, day of week, visibility, present road surface conditions, predicted road surface conditions for upcoming travel route segments, and the distance to/from other machines operating at the job site”);
determine an average rolling resistance coefficient during the transient tire rubber temperature behavior based on the determined estimated duration of transient tire rubber temperature behavior and a predetermined transient rolling resistance coefficient model according to which a transient rolling resistance coefficient is calculated as a function of ambient temperature (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 45, 46, 80, 23 “power management logic that can calculate an estimated energy requirement for the machine batteries based on information provided from the external environment of the machine, the operational status of the machine, the rolling resistance encountered by the machine over a particular segment of the travel path, one or more command inputs from an operator, and one or more operational parameters of the machine”); and
estimate the distance to empty based on available driving energy for the vehicle and in consideration of the estimated duration of transient tire rubber temperature behavior and the determined averaged rolling resistance coefficient during the transient tire rubber temperature behavior (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, “predicting the energy requirement of a battery electric machine (BEM) to complete one or more travel route segments along a path traversed by the BEM. The control system may be further configured for calculating the actual energy consumption of the BEM in completing the one or more travel route segments, comparing the actual energy consumption with the predicted energy requirement, and then updating the predicted energy”); and
providing the estimated distance to empty value for us in configuring an energy requirement of the vehicle (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, 100, “tallying the total energy usage for all segments for a given route, and providing an indicator as to whether a selected route or task can be completed on a current state-of-charge for a battery on the machine”).
Lane fails to explicitly discloses determine an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determine an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 system of Lane and include determine an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the system to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 12, Lane discloses a vehicle comprising control device configured to estimate distance to empty for a vehicle, wherein the control device is configured to:
determine an estimated duration of transient tire rubber temperature behavior of the vehicle for a planned upcoming driving event based on predicted driving conditions of the vehicle for the planned upcoming driving event (See at least fig 1-5, ¶ 32, 33, 44, 48, 49, 55, 57, 67, 70, 80, 85, 94, 100, 31, “determine energy requirements imposed upon the one or more machine batteries or other power sources based on information characterizing the machine, operation of the machine, and the environment of the machine, which may include the current location of the machine…current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, time of day, date, day of week, visibility, present road surface conditions, predicted road surface conditions for upcoming travel route segments, and the distance to/from other machines operating at the job site”);
determine an average rolling resistance coefficient during the transient tire rubber temperature behavior based on the determined estimated duration of transient tire rubber temperature behavior and a predetermined transient rolling resistance coefficient model according to which a transient rolling resistance coefficient is calculated as a function of ambient temperature (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 45, 46, 80, 23 “power management logic that can calculate an estimated energy requirement for the machine batteries based on information provided from the external environment of the machine, the operational status of the machine, the rolling resistance encountered by the machine over a particular segment of the travel path, one or more command inputs from an operator, and one or more operational parameters of the machine”); and
estimate the distance to empty based on available driving energy for the vehicle and in consideration of the estimated duration of transient tire rubber temperature behavior and the determined averaged rolling resistance coefficient during the transient tire rubber temperature behavior (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, “predicting the energy requirement of a battery electric machine (BEM) to complete one or more travel route segments along a path traversed by the BEM. The control system may be further configured for calculating the actual energy consumption of the BEM in completing the one or more travel route segments, comparing the actual energy consumption with the predicted energy requirement, and then updating the predicted energy”); and
providing the estimated distance to empty value for us in configuring an energy requirement of the vehicle (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 64, 8, 100, “tallying the total energy usage for all segments for a given route, and providing an indicator as to whether a selected route or task can be completed on a current state-of-charge for a battery on the machine”).
Lane fails to explicitly discloses determine an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determine an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 system of Lane and include determine an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the system to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 13, Lane discloses the computer program product according to claim 9, wherein determining estimated duration of transient tire rubber temperature behavior comprises: estimating an initial tire rubber temperature at the start of the planned upcoming driving event; and based on the estimated initial tire rubber temperature, ambient temperature and the predicted driving conditions for the vehicle, determining an estimated duration until the tire has reached a temperature equal to or above a predetermined temperature threshold (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 46, 80, 23, 45 “current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, visibility, present road conditions, predicted road conditions for upcoming route segments, and the distance from other machines, obstacles, or humans.”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 14, Lane discloses the computer program product according to claim 9, wherein said computer program product further comprises computer instructions to cause one or more computing devices to perform the following operations: identifying one or more portions of the planned driving event during which a transient tire rubber temperature behavior of the vehicle may occur, wherein determining an estimated duration of transient tire rubber temperature behavior of the vehicle for the planned upcoming driving event based on predicted driving conditions of the vehicle for the planned upcoming driving event and determining an average rolling resistance coefficient during the transient tire rubber temperature behavior are performed for each of said one or more identified portions of the planned driving event, and wherein estimating the distance to empty is performed in consideration of the estimated duration of transient tire rubber temperature and the determined averaged rolling resistance coefficient during the transient tire rubber temperature behavior for each of said one or more identified portions of the planned driving event (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, “identical physical and operational characteristics traveling over one or more travel route segments with same or similar or identical physical characteristics. A feedback loop may be provided such that a predicted or estimated energy usage for a particular travel route segment based on parameters that may include the machine location, machine systems efficiencies, site operational information (such as speed limits, delays caused by exterior conditions, etc.), battery characteristics such as state-of-charge, battery state-of-health, and number of charge cycles, and machine performance characteristics, may be compared with actual energy requirements, and the predicted energy usages may then be improved.”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 15, Lane discloses the computer program product according to claim 9, wherein determining an estimated duration of transient tire rubber temperature behavior comprises determining the estimated duration of transient tire rubber temperature based on stored reference data (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, 84, 93, “The data may be stored in one or more memory devices as a reference database, and may include values pertaining to actual energy usage, rolling resistance, wheel slip ratio, machine velocity, and
machine pose (including pitch, roll, and yaw) under different job site surface conditions and at different locations calculated for various types of machines operating over different travel route segments at the job site.”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 16, Lane discloses the computer program product according to claim 9, wherein the predicted driving conditions comprises at least vehicle speed and vehicle load (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, 84, 93, 94, “The method may include determining a location of the machine, determining a terrain on which the machine is operating, estimating a terrain surface coefficient of friction, and generating signals indicative of data representing one or more of speed of the machine, pose of the machine, size of the machine, weight of the machine, tire type and pressure on the machine, load on the machine, cooling system performance on the machine, gear ratio for the drive train of the machine, weather characteristics, and road conditions and characteristics for the machine operating at a job site, using a sensing system”).
Regarding claim 17, Lane discloses the control device according to claim 11, wherein determine estimated duration of transient tire rubber temperature behavior comprises: estimate an initial tire rubber temperature at the start of the planned upcoming driving event; and based on the estimated initial tire rubber temperature, ambient temperature and the predicted driving conditions for the vehicle, determine an estimated duration until the tire has reached a temperature equal to or above a predetermined temperature threshold (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 46, 80, 23, 45 “current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, visibility, present road conditions, predicted road conditions for upcoming route segments, and the distance from other machines, obstacles, or humans.”).
Lane fails to explicitly discloses determining an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determining an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determining an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 18, Lane discloses the control device according to claim 11, wherein said control device is further configured to: identify one or more portions of the planned driving event during which a transient tire rubber temperature behavior of the vehicle may occur, wherein determine an estimated duration of transient tire rubber temperature behavior of the vehicle for the planned upcoming driving event based on predicted driving conditions of the vehicle for the planned upcoming driving event and determine an average rolling resistance coefficient during the transient tire rubber temperature behavior are performed for each of said one or more identified portions of the planned driving event, and wherein estimate the distance to empty is performed in consideration of the estimated duration of transient tire rubber temperature and the determined averaged rolling resistance coefficient during the transient tire rubber temperature behavior for each of said one or more identified portions of the planned driving event (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, “identical physical and operational characteristics traveling over one or more travel route segments with same or similar or identical physical characteristics. A feedback loop may be provided such that a predicted or estimated energy usage for a particular travel route segment based on parameters that may include the machine location, machine systems efficiencies, site operational information (such as speed limits, delays caused by exterior conditions, etc.), battery characteristics such as state-of-charge, battery state-of-health, and number of charge cycles, and machine performance characteristics, may be compared with actual energy requirements, and the predicted energy usages may then be improved.”).
Lane fails to explicitly discloses determine an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determine an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determine an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 19, Lane discloses the control device according to claim 11, wherein determine an estimated duration of transient tire rubber temperature behavior comprises determine the estimated duration of transient tire rubber temperature based on stored reference data (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, 84, 93, “The data may be stored in one or more memory devices as a reference database, and may include values pertaining to actual energy usage, rolling resistance, wheel slip ratio, machine velocity, and
machine pose (including pitch, roll, and yaw) under different job site surface conditions and at different locations calculated for various types of machines operating over different travel route segments at the job site.”).
Lane fails to explicitly discloses determine an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determine an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determine an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Regarding claim 20, Lane discloses the control device according to claim 11, wherein the predicted driving conditions comprises at least vehicle speed and vehicle load (See at least fig 1-5, ¶ 9, 10, 23, 24, 25, 26, 28, 30, 31, 39, 40, 48, 8, 64, 84, 93, 94, “The method may include determining a location of the machine, determining a terrain on which the machine is operating, estimating a terrain surface coefficient of friction, and generating signals indicative of data representing one or more of speed of the machine, pose of the machine, size of the machine, weight of the machine, tire type and pressure on the machine, load on the machine, cooling system performance on the machine, gear ratio for the drive train of the machine, weather characteristics, and road conditions and characteristics for the machine operating at a job site, using a sensing system”).
Regarding claim 21, Lane discloses the control device according to claim 11, wherein determine estimated duration of transient tire rubber temperature behavior comprises: estimate an initial tire rubber temperature at the start of the planned upcoming driving event; and based on the estimated initial tire rubber temperature, ambient temperature and the predicted driving conditions for the vehicle, determine an estimated duration until the tire has reached a temperature equal to or above a predetermined temperature threshold (See at least fig 1-5, ¶ 24, 27, 31, 32, 35, 41, 46, 80, 23, 45 “current temperature, the predicted temperature for upcoming route segments, current air pressure, predicted air pressure for upcoming route segments, visibility, present road conditions, predicted road conditions for upcoming route segments, and the distance from other machines, obstacles, or humans.”).
Lane fails to explicitly discloses determine an estimated duration of transient tire rubber temperature behavior.
However, Futamura teaches determine an estimated duration of transient tire rubber temperature behavior (See at least fig 1-13, ¶ 1, 2, 3, 4, 5, 6, 8, 34, 97, 98, 132, 138, 148, 151, 179, 150, “a method for readily evaluating the effects of compound changes on tire temperatures using only the thermal finite element model of the tire… The method can be used for either steady state or transient analysis.”).
Therefore, 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 method of Lane and include determine an estimated duration of transient tire rubber temperature behavior as taught by Futamura because it would allow the method to calculate total energy loss and the resulting tire rolling resistance force (Futamura ¶ 8).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS MARTINEZ whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on Monday-Friday 8:30AM-5:00PM EST.
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/LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665
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