DETAILED ACTION.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 13-31 are rejected under 35 U.S.C. 103 as being unpatentable over PLianos (US Pub 2019/0100208) in view of Jokela (US 2021/0009128 A1).
Regarding claim 13, PLianos discloses a device for controlling a coasting mode of a vehicle (fig. 1-8; abstract; sec 0011-0020) in a context of distance and/or speed control of the vehicle (fig. 1-8; abstract; sec 0011-0023), wherein the device is configured to:
predict a distance and/or speed profile of the vehicle in the coasting mode in consideration of a movement of the vehicle during a coasting entry phase (fig. 1-8; abstract; sec 0011-0023); and
control, to start or to end, the coasting mode in dependence on the predicted distance and/or speed profile (sec 0011, 0016, 0017, 0146-0148, 0150).
PLianos did not particularly recite the limitation, “wherein the predicted distance and/or speed profile indicates a temporal and/or spatial distance of the vehicle to a preceding vehicle driving in front of the vehicle and a driving speed of the vehicle as a function of the driving progression”
However, Jokela teaches of a device for controlling a coasting mode of a vehicle (fig. 6; sec 0169 in a context of distance and/or speed control of the vehicle (figs. 6, 9, 10; sec 0178, 0179), wherein the device is configured to:
predict a distance and/or speed profile of the vehicle in the coasting mode in consideration of a movement of the vehicle during a coasting entry phase (figs. 6, 9, 10; sec 0169, 0178, 0179);
wherein the predicted distance and/or speed profile indicates a temporal and/or spatial distance of the vehicle to a preceding vehicle driving in front of the vehicle and a driving speed of the vehicle as a function of the driving progression (figs. 6, 9, 10; sec 0178, 0179).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify PLiano to include controlling a coasting mode of a vehicle including an advantage of Adaptive Cruise Control (ACC), Intelligent Cruise Control (ICC), wherein a distance and speed between a host vehicle and a preceding or target vehicle are dynamically controlled as taught by Jokela (sec 0070, 0178, 0179) for improving efficiency of the host vehicle and mitigating accidents.
Regarding claim 14, PLianos discloses the device according to claim 13, wherein the device is configured to take into consideration a drive and/or drag torque caused by a drive motor of the vehicle during the coasting entry phase and/or an acceleration of the vehicle caused by the drive motor during the coasting entry phase in ascertainment of the predicted distance and/or speed profile (sec 0167-0170, 0173-0175).
Regarding claim 15, PLianos discloses the device according to claim 13, wherein the coasting entry phase extends over a driving progression range which begins with an initial driving progression, at which a decoupling of a drive motor of the vehicle from one or more wheels of a drivetrain of the vehicle is initiated, and which ends with an end driving progression, at which the drive motor is completely decoupled from the drivetrain (sec 0115-0124).
Regarding claim 16, PLianos discloses the device according to claim 14, wherein the coasting entry phase extends over a driving progression range which begins with an initial driving progression, at which a decoupling of the drive motor of the vehicle from one or more wheels of a drivetrain of the vehicle is initiated, and which ends with an end driving progression, at which the drive motor is completely decoupled from the drivetrain (sec 0115-0124, 0150, 0175).
Regarding claim 17, PLianos discloses the device according to claim 13, wherein the device is configured to ascertain a value of a drive and/or drag torque and/or an acceleration which is caused or was caused at an initial driving progression of the coasting entry phase by a drive motor of the vehicle on one or more wheels of a drivetrain of the vehicle (sec 0123-0136, 0167-0170, 0173-0175); and
determine the predicted distance and/or speed profile based on the ascertained value of the drive and/or drag torque and/or the acceleration (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175).
Regarding claim 18, PLianos discloses the device according to claim 14, wherein the device is configured to ascertain a value of a drive and/or drag torque and/or an acceleration which is caused or was caused at an initial driving progression of the coasting entry phase by a drive motor of the vehicle on one or more wheels of a drivetrain of the vehicle (sec 0123-0136, 0167-0170, 0173-0175); and
determine the predicted distance and/or speed profile based on the ascertained value of the drive and/or drag torque and/or the acceleration (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175).
Regarding claim 19, PLianos discloses the device according to claim 15, wherein the device is configured to ascertain a value of a drive and/or drag torque and/or an acceleration which is caused or was caused at an initial driving progression of the coasting entry phase by a drive motor of the vehicle on one or more wheels of a drivetrain of the vehicle (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175); and
determine the predicted distance and/or speed profile based on the ascertained value of the drive and/or drag torque and/or the acceleration (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175).
Regarding claim 20, PLianos discloses the device according to claim 13, wherein the device is configured to ascertain the predicted distance and/or speed profile under the assumption that if an influence of a roadway gradient is not taken into consideration a driving speed of the vehicle at the beginning of the predicted distance and/or speed profile remains unchanged for a specific driving progression range (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175).
Regarding claim 21, PLianos discloses the device according to claim 14, wherein the device is configured to ascertain the predicted distance and/or speed profile under the assumption that if an influence of a roadway gradient is not taken into consideration a driving speed of the vehicle at the beginning of the predicted distance and/or speed profile remains unchanged for a specific driving progression range (figs, 3-7; sec 0081, 0101, 0107, 0127, 0158).
Regarding claim 22, PLianos discloses the device according to claim 15, wherein the device is configured to ascertain the predicted distance and/or speed profile under the assumption that if an influence of a roadway gradient is not taken into consideration a driving speed of the vehicle at the beginning of the predicted distance and/or speed profile remains unchanged for a specific driving progression range (figs, 3-7; sec 0081, 0101, 0107, 0127, 0158).
Regarding claim 23, PLianos discloses the device according to claim 20, wherein the device is configured to ascertain the specific driving progression range, in which the driving speed of the vehicle remains unchanged, based on the ascertained value of the drive and/or drag torque and/or the acceleration (figs, 3-7; sec 0081, 0101, 0107, 0127, 0158).
Regarding claim 24, PLianos discloses the device according to claim 13, wherein during the coasting entry phase, a drive motor of the vehicle is decoupled from one or more wheels of a drivetrain of the vehicle; and/or the drive motor is deactivated (sec 0115-0124, 0150, 0175).
Regarding claim 25, PLianos discloses the device according to claim 14, wherein during the coasting entry phase, the drive motor of the vehicle is decoupled from one or more wheels of a drivetrain of the vehicle; and/or the drive motor is deactivated (sec 0115-0124, 0150, 0175).
Regarding claim 26, PLianos discloses the device according to claim 15, wherein during the coasting entry phase, the drive motor of the vehicle is decoupled from the one or more wheels of the drivetrain of the vehicle; and/or the drive motor is deactivated (sec 0115-0124, 0150, 0175).
Regarding claim 27, PLianos discloses the device according to claim 13, wherein:
the predicted distance and/or speed profile extends proceeding from a current driving progression over a predefined prediction horizon (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175): and/or
the driving progression comprises:
a position of the vehicle along a roadway traveled by the vehicle (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175); and/or
a time during a journey of the vehicle (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175).
Regarding claim 28, PLianos discloses the device according to claim 13, wherein the device is configured to ascertain an upcoming gradient profile of a roadway traveled by the vehicle (figs, 3-7; sec 0081, 0101, 0107, 0127, 0158); and
predict the distance and/or speed profile of the vehicle in the coasting mode based on the upcoming gradient profile (figs, 3-7; sec 0081, 0101, 0107, 0127, 0158).
Regarding claim 29, PLianos discloses the device according to claim l 3, wherein the device is configured to ascertain status data with respect to a status of the vehicle and/or with respect to a status of a preceding vehicle driving in front of the vehicle (fig. 1-8; abstract; sec 0011-0023); and
predict the distance and/or speed profile of the vehicle in the coasting mode based on the status data (fig. 1-8; abstract; sec 0011-0023).
Regarding claim 30, PLianos discloses the device according to claim 13, wherein the device is configured to compare the predicted distance and/or speed profile to a target speed or to a speed threshold value, lying below the target speed, of the distance and/or speed control (fig. 1-8; abstract; sec 0011-0023); and/or
compare the predicted distance and/or speed profile to a target distance or to a distance threshold value, lying above the target distance, of the distance and/or speed control (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175); and
control, to start or to end, the coasting mode in dependence on the comparison (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175).
Regarding claim 31, PLianos discloses a method for controlling a coasting mode of a vehicle in a context of distance and/or speed control of the vehicle (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175), the method comprising:
predicting a distance and/or speed profile of the vehicle in the coasting mode in consideration of a movement of the vehicle during a coasting entry phase (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175); and
controlling, including starting or ending, the coasting mode in dependence on the predicted distance and/or speed profile (abstract; sec 0011, 0119, 0123-0126, 0130-0135, 0167-0170, 0173-0175).
PLianos did not particularly recite the limitation, “wherein the predicted distance and/or speed profile indicates a temporal and/or spatial distance of the vehicle to a preceding vehicle driving in front of the vehicle and a driving speed of the vehicle as a function of the driving progression”
However, Jokela teaches of a device for controlling a coasting mode of a vehicle (fig. 6; sec 0169 in a context of distance and/or speed control of the vehicle (figs. 6, 9, 10; sec 0178, 0179), wherein the device is configured to:
predict a distance and/or speed profile of the vehicle in the coasting mode in consideration of a movement of the vehicle during a coasting entry phase (figs. 6, 9, 10; sec 0169, 0178, 0179);
wherein the predicted distance and/or speed profile indicates a temporal and/or spatial distance of the vehicle to a preceding vehicle driving in front of the vehicle and a driving speed of the vehicle as a function of the driving progression (figs. 6, 9, 10; sec 0178, 0179).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify PLiano to include controlling a coasting mode of a vehicle including an advantage of Adaptive Cruise Control (ACC), Intelligent Cruise Control (ICC), wherein a distance and speed between a host vehicle and a preceding or target vehicle are dynamically controlled as taught by Jokela (sec 0070, 0178, 0179) for improving efficiency of the host vehicle and mitigating accidents.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/ Primary Examiner, Art Unit 3657
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