DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 15-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Claussen et al. (WO2013182289A1). Claussen discloses “In the event of a power steering pump failure, such a known braking system usually also has an auxiliary pump or so-called...A "backup" pump is activated, which is electrically driven if needed and can also build up pressure in the hydraulic booster circuit.” (¶0007) and “according to an alternative embodiment, the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive. Preferably, therefore, the brake booster is only determined to be inactive in response to a detected inactivity of the power steering pump if the pressure necessary for the operation of the brake booster is not hydraulically supplied by the auxiliary pump due to a detected emergency. According to a preferred embodiment, alternatively or additionally, the pressure required to operate the brake booster is sensed by means of a pressure sensor, and depending on the sensed pressure, it is determined whether the brake booster is active or inactive. If there is insufficient pressure in the hydraulic booster circuit, no or at least insufficient brake force amplification will take place in the brake booster.” (¶0017-0018) and “Pressure from the hydraulic booster circuit 20 is supplied not only to the brake booster 6, but also to a steering booster not shown. If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24. The auxiliary pump 24 is electrically driven for this purpose.” (¶0031) and “The braking device 1 enables, thanks to the device 92, an active build-up of brake pressure depending on an actuation of the brake pedal 4, if the brake pressure support by the hydraulic booster circuit 20 should fail, especially in the event of a failure of the power steering pump 22. A failure of the brake pressure support by the hydraulic circuit 20 is detected, for example, by means of a second pressure sensor 148, which is connected to the device 92 by a signal line not shown. Alternatively, or additionally, the device 92 uses the information on whether the motor driving the power steering pump 22 is running to determine whether sufficient pressure is available in the hydraulic booster circuit 20 or whether the brake booster 6 is active or inactive. The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.” (¶0042+, Fig. 1, “The brake system 1 has a device 92 for controlling the brake system 1. The device 92 can contain one or more control electronics or one or more computing devices such as a processor, as well as optional storage devices, in particular for storing control algorithms or... Control algorithms are included.”; ¶0035).
Regarding Claim 15, Claussen discloses A method (¶0001-0003; Fig. 2), “method for operating”) of controlling an automotive vehicle braking system (Fig. 1), the method comprising:
receiving an electro-hydraulic power steering (EHPS) state signal including the state of the EHPS system (¶0042, “if the brake pressure support by the hydraulic booster circuit 20 should fail, especially in the event of a failure of the power steering pump 22. A failure of the brake pressure support by the hydraulic circuit 20 is detected…The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”; Fig. 2);
receiving a hydraulic boost failure compensation pressure request (¶0042; “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated” and/or “the device 92 uses the information on whether the motor driving the power steering pump 22 is running to determine whether sufficient pressure is available in the hydraulic booster circuit 20”);
receiving at least one supplemental pressure request (“the braking device 1 enables, thanks to the device 92, an active build-up of brake pressure depending on an actuation of the brake pedal 4”; ¶0042) ;
arbitrating the supplemental pressure requests and a EHPS system fault state to determine a pressure request (¶0031; “If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24”; see also ¶0042); and generating a pressure actuation in response to the pressure request (Fig. 2, ¶0042; “The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”).
Regarding Claim 16, Claussen further discloses wherein the supplemental pressure requests are one selected from a group consisting of a hydraulic brake boost (¶0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”, also “an active build-up of brake pressure depending on an actuation of the brake pedal 4”; also “The brake 10 is actuated depending on the actuation of the brake pedal 4 or depending on the degree of this actuation. The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045) also “because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for”; ¶0042)
Regarding Claim 17, Claussen further discloses determining a priority for the supplemental pressure requests before arbitrating the supplemental pressure requests and the EHPS system fault state to determine a pressure actuation (“If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24”; ¶0031; also 0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”. In other words control device 92 determines priority e.g. is this an emergency, can brake booster be compensated in any other way, is brake pedal actuated, is power steering pump 22 failed or not running, etc.; then arbitrates the pressure requests and overall situation to determine whether or not to activate the auxiliary pump 24.)
Regarding Claim 18, Claussen further discloses evaluating the supplemental signals for supplemental pressure requests via a first coordinator; evaluating core functions via a vehicle stability program; determining a priority for the supplemental pressure requests and the core functions via a second coordinator; and in response to the priority, controlling an electrically driven power steering pump within the EHPS system (“The brake system 1 has a device 92 for controlling the brake system 1.The device 92 can contain one or more control electronics or one or more computing devices such as a processor, as well as optional storage devices, in particular for storing control algorithms or... Control algorithms are included.”; ¶0035 and “If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24”; ¶0031; also 0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”. In other words, control device 92 is configured with control algorithms that determine system priorities e.g. is this an emergency, can brake booster be compensated in any other way, is brake pedal actuated, is power steering pump 22 failed or not running, etc.; then arbitrates the pressure requests and overall vehicle situation to determine whether or not to activate the auxiliary pump 24.)
Regarding Clam 19, Claussen further discloses determining that the EHPS system is in a degraded state that includes a hydraulic pressure level within a high-pressure hydraulic line that is reduced below 100%; and in response to the degraded state, controlling an electrically driven power steering pump to increase hydraulic pressure within the EHPS system (Fig. 2, “the brake pressure is controlled and thus regulated according to step 208 in additional dependence on the determined actual brake pressure. The actual brake pressure is regulated towards a target brake pressure, which is specified by the actuation of the brake pedal 4.” ¶0054; and “the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive.”; ¶0017, in other words the control device 92 is configured to determine that the system is in a degraded state based on pressure in the lines is below 100% (e.g. pressure is not sufficient, and is below 100% target pressure) and in response activate the auxiliary pump to increase the pressure to the target pressure when lack of pressure in the brake booster cannot be adequately compensated for in any other way. See ¶0042)
Regarding Claim 20, Claussen further discloses determining a pressure actuation based upon an actuation of a brake pedal via the supplemental pressure requests (¶0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”, also “an active build-up of brake pressure depending on an actuation of the brake pedal 4”; also “The brake 10 is actuated depending on the actuation of the brake pedal 4 or depending on the degree of this actuation. The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045) also “because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for”; ¶0042)and a EHPS system fault state (“The braking device 1 enables, thanks to the device 92, an active build-up of brake pressure depending on an actuation of the brake pedal 4, if the brake pressure support by the hydraulic booster circuit 20 should fail, especially in the event of a failure of the power steering pump 22. A failure of the brake pressure support by the hydraulic circuit 20 is detected, for example, by means of a second pressure sensor 148, which is connected to the device 92 by a signal line not shown…”; ¶0042)
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Claussen et al. (WO2013182289A1) in view of Anderson et al. (U.S. PgPub 2011/0178687A1). Anderson discloses “This automatic control can be performed by autonomous running of the programs in the electronic control unit 5 or, on the other hand, by executing a program in response to a command 19 received by the electronic control unit 5, for example via a bus such as the CAN bus commonly used in the automotive industry.” (¶0078) and “FIG. 8 shows an exemplary embodiment of a booster according to the present invention comprising a thrust chamber 76 supplied, at the command of the electronic control unit 5, by a pump 116, advantageously via a hydraulic circuit 118 that comprises, for example, a valve and an accumulator. Use may be made of a dedicated, advantageously electric, pump 116 or, on the other hand, use may be made of a pump already present in the motor vehicle such as a hydraulic power steering pump or an electronic stability program (ESP) pump.” (¶0100)
Regarding Claim 1, Claussen discloses An automotive vehicle braking system (Fig. 1), the system comprising:
an electronic control unit (ECU) for the vehicle electrically connected to a vehicle controller network (Fig. 1, “The brake system 1 has a device 92 for controlling the brake system 1. The device 92 can contain one or more control electronics or one or more computing devices such as a processor, as well as optional storage devices, in particular for storing control algorithms or... Control algorithms are included.”; ¶0035).;
an electro-hydraulic power steering (EHPS) system electrically connected to the ECU via the vehicle controller network (Fig. 1, “Pressure from the hydraulic booster circuit 20 is supplied not only to the brake booster 6, but also to a steering booster not shown. If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24. The auxiliary pump 24 is electrically driven for this purpose.” (¶0031), the EHPS system configured to generate a signal including a state of the EHPS system (¶0042, “if the brake pressure support by the hydraulic booster circuit 20 should fail, especially in the event of a failure of the power steering pump 22. A failure of the brake pressure support by the hydraulic circuit 20 is detected…The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”; Fig. 2);
an electrically driven power steering pump (Fig. 1, auxiliary pump 24) connected to the EHPS system;
an electronic stability controller (Fig. 1, device 92) electrically connected to the vehicle controller network, the electronic stability controller including an electronic processor configured to: receive the signal from the EHPS system, evaluate the signal to determine if the EHPS system is in a fault state ( “The braking device 1 enables, thanks to the device 92, an active build-up of brake pressure depending on an actuation of the brake pedal 4, if the brake pressure support by the hydraulic booster circuit 20 should fail, especially in the event of a failure of the power steering pump 22. A failure of the brake pressure support by the hydraulic circuit 20 is detected, for example, by means of a second pressure sensor 148, which is connected to the device 92 by a signal line not shown. Alternatively, or additionally, the device 92 uses the information on whether the motor driving the power steering pump 22 is running to determine whether sufficient pressure is available in the hydraulic booster circuit 20 or whether the brake booster 6 is active or inactive. The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.” (¶0042+);
receive supplemental signals; evaluate the supplemental signals for supplemental pressure requests (“the braking device 1 enables, thanks to the device 92, an active build-up of brake pressure depending on an actuation of the brake pedal 4…the device 92 uses the information on whether the motor driving the power steering pump 22 is running to determine whether sufficient pressure is available in the hydraulic booster circuit 20 or whether the brake booster 6 is active or inactive. The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way”; ¶0042);
arbitrate the supplemental pressure requests and the EHPS system fault state to determine a pressure actuation (“If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24”; ¶0031; also 0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”. In other words, control device 92 determines priority e.g. is this an emergency, can brake booster be compensated in any other way, is brake pedal actuated, is power steering pump 22 failed or not running, etc.; then arbitrates the pressure requests and overall situation to determine whether or not to activate the auxiliary pump 24.);
and in response to the determination of the pressure actuation, control the electrically driven power steering pump to increase hydraulic pressure within the EHPS system (Fig. 1, “The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20”; ¶0042)
Claussen discloses all the elements of Claim 1 above but does not explicitly disclose that the vehicle electronic control unit, EHPS and electronic stability controller are connected thru a vehicle network comprising a vehicle controller area network (CAN) bus.
Anderson predates Claussen and discloses a hydraulic booster system comprising a vehicle electronic control unit (Fig. 8, ECU 5), EHPS (“hydraulic power steering pump”; ¶0100) and electronic stability controller (¶0120; “a vehicle stability control system known in the art as an ESP system “) are connected thru a vehicle network comprising a vehicle controller area network (CAN) bus (“by executing a program in response to a command 19 received by the electronic control unit 5, for example via a bus such as the CAN bus commonly used in the automotive industry”; ¶0078)
“The Court quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘[R]ejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Here, it would have been obvious to one skilled in the art at the time of the invention to include the vehicle electronic control unit, EHPS and electronic stability controller are connected thru a vehicle network comprising a vehicle controller area network (CAN) bus by (A) Combining prior art elements according to known methods to yield predictable results as taught by Anderson into the teachings of Claussen because it does no more than yield predictable results of configuring a vehicle booster circuit control system such that its devices may communicate via a controller area network (CAN) bus which was commonly used in the automotive industry prior to applicants filing, and it has been held that the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results (MPEP 2143).
Regarding Claim 2, Claussen further discloses wherein the state of the EHPS system is a hydraulic pressure within the EHPS system being below a threshold (Fig. 2, “the brake pressure is controlled and thus regulated according to step 208 in additional dependence on the determined actual brake pressure. The actual brake pressure is regulated towards a target brake pressure, which is specified by the actuation of the brake pedal 4.” ¶0054; and “the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive.”; ¶0017, in other words the control device 92 is configured to determine that the system is in a degraded state based on pressure in the lines is below a threshold target pressure (e.g. pressure is not sufficient, and is below threshold target pressure) and in response activate the auxiliary pump to increase the pressure to the target pressure when lack of pressure in the brake booster cannot be adequately compensated for in any other way. See ¶0042)
Regarding Claim 3, Claussen further discloses wherein the supplemental signals include a brake pedal stroke signal ((¶0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”, also “an active build-up of brake pressure depending on an actuation of the brake pedal 4”; also “The brake 10 is actuated depending on the actuation of the brake pedal 4 or depending on the degree of this actuation. The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045) also “because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for”; ¶0042)
Regarding Claim 4, Claussen further discloses wherein the supplemental pressure requests are one selected from a group consisting of a hydraulic brake boost (¶0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”, also “an active build-up of brake pressure depending on an actuation of the brake pedal 4”; also “The brake 10 is actuated depending on the actuation of the brake pedal 4 or depending on the degree of this actuation. The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045) also “because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for”; ¶0042)
Regarding Claim 5, Claussen further discloses wherein the electronic processor is further configured to determine a priority for the supplemental pressure requests before arbitrating the supplemental pressure requests and the EHPS system fault state to determine a pressure actuation (“If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24”; ¶0031; also 0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.” In other words, control device 92 determines priority e.g. is this an emergency, can brake booster be compensated in any other way, is brake pedal actuated, is power steering pump 22 failed or not running, etc.; then arbitrates and prioritizes the pressure requests and overall situation to determine whether or not to activate the auxiliary pump 24.)
Regarding Claim 6, Claussen further discloses wherein the electronic processor is further configured to: evaluate the supplemental signals for supplemental pressure requests via a first coordinator; evaluate core functions via a vehicle stability program stored in a memory of the electronic stability controller; determine a priority for the supplemental pressure requests and the core functions via a second coordinator; and in response to the priority, control the electrically driven power steering pump. (“The brake system 1 has a device 92 for controlling the brake system 1.The device 92 can contain one or more control electronics or one or more computing devices such as a processor, as well as optional storage devices, in particular for storing control algorithms or... Control algorithms are included.”; ¶0035 and “If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24”; ¶0031; also 0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”. In other words, control device 92 is configured with control algorithms that determine system priorities e.g. is this an emergency, can brake booster be compensated in any other way, is brake pedal actuated, is power steering pump 22 failed or not running, etc.; then arbitrates and prioritizes the pressure requests and overall vehicle situation to determine whether or not to activate the auxiliary pump 24.)
Regarding Claim 7, Claussen further discloses wherein the electronic processor is further configured to: receive a measurement of a braking pressure applied to a brake pedal The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045); determine that the EHPS system is in a degraded state; and in response to the degraded state, control the electrically driven power steering pump to increase hydraulic pressure within the EHPS system (Fig. 2, “the brake pressure is controlled and thus regulated according to step 208 in additional dependence on the determined actual brake pressure. The actual brake pressure is regulated towards a target brake pressure, which is specified by the actuation of the brake pedal 4.” ¶0054; and “the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive.”; ¶0017, in other words the control device 92 is configured to determine that the system is in a degraded state based on pressure in the lines is below a threshold target pressure (e.g. pressure is not sufficient, and is below threshold target pressure) and in response activate the auxiliary pump to increase the pressure to the target pressure when lack of pressure in the brake booster cannot be adequately compensated for in any other way. See ¶0042)
by an amount that is proportional to the measurement of a braking pressure applied to a brake pedal The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045)
Regarding Claim 8, Claussen further discloses wherein the degraded state includes a hydraulic pressure level within a high-pressure hydraulic line that is reduced below 100% (Fig. 2, “the brake pressure is controlled and thus regulated according to step 208 in additional dependence on the determined actual brake pressure. The actual brake pressure is regulated towards a target brake pressure, which is specified by the actuation of the brake pedal 4.” ¶0054; and “the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive.”; ¶0017, in other words the control device 92 is configured to determine that the system is in a degraded state based on pressure in the lines is below 100% (e.g. pressure is not sufficient, and is below a 100% target pressure) and in response activate the auxiliary pump to increase the pressure to the target pressure when lack of pressure in the brake booster cannot be adequately compensated for in any other way. See ¶0042)
Regarding Claim 10, Claussen further discloses An automotive vehicle braking system (Fig. 1), the system comprising:
an electronic control unit (ECU) for the vehicle electrically connected to a vehicle controller network (Fig. 1, “The brake system 1 has a device 92 for controlling the brake system 1.The device 92 can contain one or more control electronics or one or more computing devices such as a processor, as well as optional storage devices, in particular for storing control algorithms or... Control algorithms are included.”; ¶0035).;
an electro-hydraulic power steering (EHPS) system electrically connected to the ECU via the vehicle controller network (Fig. 1, “Pressure from the hydraulic booster circuit 20 is supplied not only to the brake booster 6, but also to a steering booster not shown. If, in an emergency, pressure is required in the hydraulic booster circuit 20, e.g. for the power steering booster, but the power steering pump 22 is not running, e.g. because the engine is also not running, pressure can be built up as an alternative using an auxiliary pump 24. The auxiliary pump 24 is electrically driven for this purpose.” (¶0031), the EHPS system configured to generate a signal including a state of the EHPS system (¶0042, “if the brake pressure support by the hydraulic booster circuit 20 should fail, especially in the event of a failure of the power steering pump 22. A failure of the brake pressure support by the hydraulic circuit 20 is detected…The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”; Fig. 2);
an electrically driven power steering pump (Fig. 1, auxiliary pump 24) connected to the EHPS system, the electrically driven power steering pump including hydraulic pressure (“A failure of the brake pressure support by the hydraulic circuit 20 is detected, for example, by means of a second pressure sensor 148, which is connected to the device 92 by a signal line not shown”; ¶0042); a pedal stroke sensor configured to measure a braking pressure applied to a brake pedal of the vehicle (¶0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”, also “an active build-up of brake pressure depending on an actuation of the brake pedal 4”; also “The brake 10 is actuated depending on the actuation of the brake pedal 4 or depending on the degree of this actuation. The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045)
an electronic stability controller (Fig. 1, device 92) electrically connected to the vehicle controller network, the electronic stability controller including an electronic processor configured to: receive the signal from the EHPS system, receive a measurement of the braking pressure applied to the brake pedal (¶0045) ,evaluate the signal to determine if the EHPS system is in a fault state ( “The braking device 1 enables, thanks to the device 92, an active build-up of brake pressure depending on an actuation of the brake pedal 4, if the brake pressure support by the hydraulic booster circuit 20 should fail, especially in the event of a failure of the power steering pump 22. A failure of the brake pressure support by the hydraulic circuit 20 is detected, for example, by means of a second pressure sensor 148, which is connected to the device 92 by a signal line not shown. Alternatively, or additionally, the device 92 uses the information on whether the motor driving the power steering pump 22 is running to determine whether sufficient pressure is available in the hydraulic booster circuit 20 or whether the brake booster 6 is active or inactive. The auxiliary pump 24 is only activated by appropriate control via the device 92 when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.” (¶0042+); and in response to the determination that the EHPS system is in fault state, control the electrically driven power steering pump to increase hydraulic pressure within the EHPS system (Fig. 2, “the brake pressure is controlled and thus regulated according to step 208 in additional dependence on the determined actual brake pressure. The actual brake pressure is regulated towards a target brake pressure, which is specified by the actuation of the brake pedal 4.” ¶0054; and “the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive.”; ¶0017, in other words the control device 92 is configured to determine that the system is in a degraded state based on pressure in the lines is below a threshold target pressure (e.g. pressure is not sufficient, and is below threshold target pressure) and in response activate the auxiliary pump to increase the pressure to the target pressure when lack of pressure in the brake booster cannot be adequately compensated for in any other way. See ¶0042)
by an amount that is proportional to the measurement of a braking pressure (“The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045)
Claussen discloses all the elements of Claim 10 above but does not explicitly disclose that the vehicle electronic control unit, EHPS and electronic stability controller are connected thru a vehicle network comprising a vehicle controller area network (CAN) bus.
Anderson predates Claussen and discloses a hydraulic booster system comprising a vehicle electronic control unit (Fig. 8, ECU 5), EHPS (“hydraulic power steering pump”; ¶0100) and electronic stability controller (¶0120; “a vehicle stability control system known in the art as an ESP system “) are connected thru a vehicle network comprising a vehicle controller area network (CAN) bus (“by executing a program in response to a command 19 received by the electronic control unit 5, for example via a bus such as the CAN bus commonly used in the automotive industry”; ¶0078)
“The Court quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘[R]ejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Here, it would have been obvious to one skilled in the art at the time of the invention to include the vehicle electronic control unit, EHPS and electronic stability controller are connected thru a vehicle network comprising a vehicle controller area network (CAN) bus by (A) Combining prior art elements according to known methods to yield predictable results as taught by Anderson into the teachings of Claussen because it does no more than yield predictable results of configuring a vehicle booster circuit control system such that its devices may communicate via a controller area network (CAN) bus which was commonly used in the automotive industry prior to applicants filing, and it has been held that the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results (MPEP 2143).
Regarding Claim 11, Claussen further discloses wherein the state of the EHPS system is a hydraulic pressure within the EHPS system being below a threshold (Fig. 2, “the brake pressure is controlled and thus regulated according to step 208 in additional dependence on the determined actual brake pressure. The actual brake pressure is regulated towards a target brake pressure, which is specified by the actuation of the brake pedal 4.” ¶0054; and “the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive.”; ¶0017, in other words the control device 92 is configured to determine that the system is in a degraded state based on pressure in the lines is below a threshold target pressure (e.g. pressure is not sufficient, and is below threshold target pressure) and in response activate the auxiliary pump to increase the pressure to the target pressure when lack of pressure in the brake booster cannot be adequately compensated for in any other way. See ¶0042)
Regarding Claim 12, Claussen further discloses wherein the fault state is a degraded state that includes a hydraulic pressure level within a high-pressure hydraulic line that is reduced below 100% (Fig. 2, “the brake pressure is controlled and thus regulated according to step 208 in additional dependence on the determined actual brake pressure. The actual brake pressure is regulated towards a target brake pressure, which is specified by the actuation of the brake pedal 4.” ¶0054; and “the aforementioned auxiliary pump is provided, which can build up pressure in the hydraulic booster circuit in an emergency. Such an emergency occurs when the hydraulic unit cannot build up sufficient brake pressure in the manner according to the invention, or when pressure from the hydraulic booster circuit is required for other devices or for power steering assistance when the power steering pump is inactive.”; ¶0017, in other words the control device 92 is configured to determine that the system is in a degraded state based on pressure in the lines is below 100% (e.g. pressure is not sufficient, and is below a 100% target pressure) and in response activate the auxiliary pump to increase the pressure to the target pressure when lack of pressure in the brake booster cannot be adequately compensated for in any other way. See ¶0042)
Claim(s) 9 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Claussen et al. (WO2013182289A1) in view of Anderson et al. (U.S. PgPub 2011/0178687A1) in further view of Ganzel (U.S. 2008/0284242A1). Ganzel discloses “A braking system is provided for applying pressurized hydraulic brake fluid to a plurality of vehicle brakes. The system includes a source of pressurized brake fluid, a first brake fluid circuit, and a boost valve for controlling a flow of brake fluid from the source to the first circuit.” (Abstract) and “A primary circuit 36 provides hydraulic braking fluid from a reservoir 45 to a pump 46 driven by the electric motor 42. In the preferred embodiment, the motor 42 is a flux switching brushless motor that inherently senses its torque output which will be discussed infra. A high-pressure accumulator (HPA) 44 is in fluid communication with the pump 46 via fluid circuit 36. Pressurized brake fluid from the pump 46 is supplied to the HPA 44 in cooperation with an electro-hydraulic pilot operated boost valve 48. “ (¶0046-0047) and “the motor 42 self-monitors its output torque based on a correlation of current-to-torque and maintains a respective pressure within fluid circuit 36 as directed by the control module based on a current-to-pressure correlation. The control module will monitor the travel sensor 40 to determine the braking demand input by the driver in cooperation with other sensors located throughout the vehicle that supply signal inputs to the control module to assist in determining the pump flow required to meet system demand and keep the HPA 44 sufficiently charged. Other sensor inputs received by the control module include wheel speed of each of the vehicle's wheels, vehicle deceleration, steering angle, vehicle yaw rate, vehicle speed, vehicle roll rate, and signals from radar, infrared, ultrasonic, or similar collision avoidance systems, cruise control systems (including AICC--Autonomous Intelligent Cruise Control Systems), and the like.” (¶0068) and “To determine whether a hydraulic brake fluid leak is present in the system without adding additional sensors to the system, a determination can be made based on a predetermined amount of flow rate provided to the braking system during a braking condition. In a preferred embodiment, a flux switching brushless motor is used to drive a pump. The motor self-monitors its speed. Based on the operating speed of the motor, a determination can be made as to the flow rate of the hydraulic brake fluid as output by the pump. A correlation is made based on the flowrate of the hydraulic brake fluid output by the pump as determined by the speed of the motor and the amount of hydraulic brake fluid used by the braking circuits (e.g., amount of brake fluid discharged by the reservoir). A ratio greater than a predetermined threshold given the respective braking condition (e.g., high pressure braking or low pressure braking as detected by the travel sensor) determines whether a leak is present in the braking system.” (¶0075).
Regarding Claims 9 and 13, the combination of Claussen and Anderson teach all the elements of Claim 7 as indicated above. Claussen does not explicitly disclose wherein the electronic processor is further configured to: receive a measurement of a motor torque signal and evaluate the supplemental signals and the motor torque signal for supplemental pressure requests
Ganzel teaches wherein the electronic processor (¶0056, Control Module) is further configured to: receive a measurement of a motor torque signal ((¶0068, self-monitors output torque) ; and evaluate the supplemental signals and the motor torque signal for supplemental pressure requests (¶0068 “based on a correlation of current-to-torque and maintains a respective pressure within fluid circuit 36 as directed by the control module based on a current-to-pressure correlation. The control module will monitor the travel sensor 40 to determine the braking demand input by the driver in cooperation with other sensors located throughout the vehicle that supply signal inputs to the control module to assist in determining the pump flow required to meet system demand and keep the HPA 44 sufficiently charged”) in order to maintain a respective pressure within fluid circuit 36 as directed by the control module based on a current-to-pressure correlation.
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the brake boosting control system of Claussen to incorporate the teachings of Ganzel to include wherein the electronic processor is further configured to: receive a measurement of a motor torque signal and evaluate the supplemental signals and the motor torque signal for supplemental pressure requests in order to maintain a respective pressure within fluid circuit 36 as directed by the control module based on a current-to-pressure correlation.
Regarding Claim 14, Claussen further discloses wherein the controller further receives a supplemental signal and arbitrates a supplemental pressure request based upon the supplemental signal, wherein the supplemental pressure request is one selected from a group consisting of a hydraulic brake boost (¶0042, “when pressure needs to be built up in the hydraulic booster circuit 20, because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for in any other way.”, also “an active build-up of brake pressure depending on an actuation of the brake pedal 4”; also “The brake 10 is actuated depending on the actuation of the brake pedal 4 or depending on the degree of this actuation. The actuation of the brake pedal 4 or the extent of this actuation and thus a driver request is determined by means of a sensor 150 designed as a force sensor, pressure sensor or displacement sensor. Sensor signals are transmitted from this sensor 150 via a signal line not shown to the device 92, which infers a target deceleration or target brake pressure at the brake 10 from these signals.” (¶0045) also “because this pressure is needed, for example, for power steering assistance or the lack of brake booster cannot be adequately compensated for”; ¶0042)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Isawaki et al. (U.S. 2008/0234909A1) discloses “The present invention relates to a pump-up system that pressurizes working fluid by means of a pump, and specifically to a brake control apparatus capable of controlling a braking force by regulating each individual wheel-brake cylinder pressure by means of a brake-by-wire (BBW) control system.” (¶0001).
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/BRIAN R KIRBY/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747