DETAILED ACTION
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.
Claims 1, 8-11, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US Pub No 2017/0321773) in view of Salmon et al. (US Pub No 2018/0229698).
In regard to claim 1,
Lee discloses a brake system (see the Title) comprising:
an element to be braked (brake rotor, 1, see Fig 3A);
a braking element (caliper 20) including a frictional member (with brake pads 11 and 12) applying frictional force to the element to be braked (see Paragraph 0065: “a pair of friction pads (brake pads) 11 and 12, which presses both surfaces of the disc 1 that rotates together with the wheel of the vehicle”);
a motor (70, Fig 4) configured to move the braking element (see Figs 3A and 4; also see Paragraphs 0076-0078, especially: “The actuator includes the electric motor (designated by reference numeral 70 in FIG. 4) which generates rotational force for generating braking force, and a gear assembly 80 which is disposed between a rotating shaft of the electric motor 70 and the power converting mechanism and transmits rotational force of the electric motor 70 to the power converting mechanism.”);
a force sensor (101, Fig 4) configured to detect clamping force of the frictional member to the element to be braked (see Paragraph 0100: “A force sensor 101, which is coupled to a rear side of the support portion 51 of the spindle 50 and detects force at the time of performing the braking operation, which is applied through the support portion 51, that is, clamping force, is installed at a rear side in the cylinder 21 of the caliper housing 20.”); and
a controller (90, see Figs 3A and 4) electrically connected to the motor and the force sensor (see Fig 4; also see Paragraphs 0094),
wherein the controller (90) is configured to determine a first position (the point of “contact timing of reaction force generating mechanism, see Fig 6; also see Paragraph 0142: “In FIG. 6, a point (in this case, the motor rotation angle is ‘Y’) at which the motor electric current reaches a peak value becomes the contact timing of the reaction force generating mechanism”) of the frictional member (brake pads 11 and 12 of caliper 20) to the element to be braked (brake rotor 1) at a braking force generation start time (considered to be the time of step S3 in Fig 1) based on current applied (via electric current sensor, 103, see Fig 4) to the motor or (see Paragraph 0053: “and controlling braking force by controlling an operation of the motor for generating desired clamping force and braking force by using the estimated motor torque constant (S3)”), and
control the motor (along the horizontal axis, “motor rotation angle” of Fig 6) so that an interval between the element to be braked and the frictional member (the interval is considered to be the spacing between the brake rotor and the brake pads) is adjusted (the motor rotation angle increasing after point “Y” in Fig 6) based on the first position (generally, after contact, increasing from point “Y”; i.e. the time after the peak of point “Y” where the design value begins the linear increase) when the force sensor is in a failure state upon controlling the motor for releasing the braking (see step S1 in Fig 1, “determine whether force sensor break down”, which precedes at least step S3, “control breaking force (using electric current sensor and motor position sensor”; also see Paragraph 0017: “The present invention provides an electromechanical brake device capable of estimating motor characteristics at the time of a breakdown of a force sensor, and a method capable of controlling the electromechanical brake device by estimating the motor characteristics at the time of the breakdown of the force sensor.”).
Lee does not positively disclose wherein the element to be braked is a brake drum or wherein the braking element is a brake shoe.
In other words, Lee simply utilizes a brake caliper and rotor (i.e., disc brake) arrangement versus a drum brake arrangement.
However, configuring vehicle brakes, including electrically driven brakes, as disc brakes is very well known in the art.
For example, Salmon teaches that “Most vehicles include either drum brakes or disc brakes, which may be hydraulically or electrically actuated.” (See Paragraph 0002).
Further, Salmon than continues to explicitly rely on an embodiment of an electrically driven disc brake (see Fig 2, along with Paragraphs 0007 and 0036).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to configure the disc brake arrangement in the system of Lee as a drum brake arrangement, as such a modification is a simple and obvious substitution of one known element for another to obtain predictable results (MPEP 2141 III), especially in view of the teachings of Salmon, that both systems are commonly utilized interchangeably in the same role.
In regard to claim 8, Lee modified supra discloses the system of claim 1,
wherein the controller is configured to determine the first position (generally, after contact, increasing from point “Y”; i.e. the time after the peak of point “Y” where the design value begins the linear increase) further based on a reference current value (from the vertical axis, “electric current” in Fig 6) or (in other words, the current increases as the brakes are applied).
In regard to claim 9, Lee modified supra discloses the system of claim 1, further comprising:
a communication unit (BCM) configured to communicate with at least one device of a vehicle (vehicle door, see Paragraph 0171: “when the controller 90 of the electromechanical brake device receives, from a controller (e.g., BCM) associated with the door, a signal indicating that the driver seat door has been closed after being opened”),
wherein the controller is configured to control the motor to achieve the braking or release the braking based on a braking request signal or a braking release request signal received through the communication unit (see Paragraph 0172: “the estimation logic starts in a state in which the vehicle is parked (S11′), and then the controller 90 rotates the motor 70 in the reverse direction in which the braking operation is released (S12′)”).
In regard to claim 10, Lee modified supra discloses the system of claim 1, further comprising:
a communication unit configured to communicate with at least one device of a vehicle (the communication unit considered to be the interface between controller 90 and motor 70 (the motor considered to be the “at least one device”), see Fig 4),
wherein the controller is configured to transmit information indicating that the force sensor is in the failure state to the at least one device of the vehicle through the communication unit (the controller transmitting orders to the motor when it has been determined the force sensor has broken down, see Paragraph 0154: “When it is determined that the force sensor is in the breakdown state as described above, the estimation logic for estimating the motor torque constant starts. First, whether the current situation is a situation in which the braking operation is required to generate braking force is determined (S13), and when the current situation is in a state in which the braking operation may be released and it is not necessary to generate braking force, the controller 90 rotates the motor 70 reversely in order to release the braking operation in a state in which the braking operation has already been carried out (i.e., in a parking braking state) (S14).”).
In regard to claim 11,
Lee discloses a control method of a brake system (see the Title) including
an element to be braked (brake rotor, 1, see Fig 3A),
a braking element (caliper 20) including a frictional member applying frictional force to the element to be braked (see Paragraph 0065: “a pair of friction pads (brake pads) 11 and 12, which presses both surfaces of the disc 1 that rotates together with the wheel of the vehicle”),
a motor (70, Fig 4) configured to move the braking element (see Figs 3A and 4; also see Paragraphs 0076-0078, especially: “The actuator includes the electric motor (designated by reference numeral 70 in FIG. 4) which generates rotational force for generating braking force, and a gear assembly 80 which is disposed between a rotating shaft of the electric motor 70 and the power converting mechanism and transmits rotational force of the electric motor 70 to the power converting mechanism.”), and
a force sensor (101, Fig 4) configured to detect clamping force of the frictional member to the element to be braked (see Paragraph 0100: “A force sensor 101, which is coupled to a rear side of the support portion 51 of the spindle 50 and detects force at the time of performing the braking operation, which is applied through the support portion 51, that is, clamping force, is installed at a rear side in the cylinder 21 of the caliper housing 20.”), comprising:
determining a first position (the point of “contact timing of reaction force generating mechanism, see Fig 6; also see Paragraph 0142: “In FIG. 6, a point (in this case, the motor rotation angle is ‘Y’) at which the motor electric current reaches a peak value becomes the contact timing of the reaction force generating mechanism”) of the frictional member (brake pads 11 and 12 of caliper 20) to the element to be braked (brake rotor 1) at a braking force generation start time (considered to be the time of step S3 in Fig 1) based on current applied (via electric current sensor, 103, see Fig 4) to the motor or (see Paragraph 0053: “and controlling braking force by controlling an operation of the motor for generating desired clamping force and braking force by using the estimated motor torque constant (S3)”); and
controlling the motor (along the horizontal axis, “motor rotation angle” of Fig 6) so that an interval between the element to be braked and the frictional member (the interval is considered to be the spacing between the brake rotor and the brake pads) is adjusted (the motor rotation angle increasing after point “Y” in Fig 6) based on the first position (generally, after contact, increasing from point “Y”; i.e. the time after the peak of point “Y” where the design value begins the linear increase) when the force sensor is in a failure state upon controlling the motor for releasing the braking (see step S1 in Fig 1, “determine whether force sensor break down”, which precedes at least step S3, “control breaking force (using electric current sensor and motor position sensor”; also see Paragraph 0017: “The present invention provides an electromechanical brake device capable of estimating motor characteristics at the time of a breakdown of a force sensor, and a method capable of controlling the electromechanical brake device by estimating the motor characteristics at the time of the breakdown of the force sensor.”).
Lee does not positively disclose wherein the element to be braked is a brake drum or wherein the braking element is a brake shoe.
In other words, Lee simply utilizes a brake caliper and rotor (i.e., disc brake) arrangement versus a drum brake arrangement.
However, configuring vehicle brakes, including electrically driven brakes, as disc brakes is very well known in the art.
For example, Salmon teaches that “Most vehicles include either drum brakes or disc brakes, which may be hydraulically or electrically actuated.” (See Paragraph 0002).
Further, Salmon than continues to explicitly rely on an embodiment of an electrically driven disc brake (see Fig 2, along with Paragraphs 0007 and 0036).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to configure the disc brake arrangement in the method of Lee as a drum brake arrangement, as such a modification is a simple and obvious substitution of one known element for another to obtain predictable results (MPEP 2141 III), especially in view of the teachings of Salmon, that both systems are commonly utilized interchangeably in the same role.
In regard to claim 18, Lee modified supra discloses the method of claim 11,
wherein the determining of the first position (generally, after contact, increasing from point “Y”; i.e. the time after the peak of point “Y” where the design value begins the linear increase) is performed further based on a reference current value (from the vertical axis, “electric current” in Fig 6) or (in other words, the current increases as the brakes are applied).
In regard to claim 19, Lee modified supra discloses the method of claim 11,
wherein the controlling of the motor for the braking and the controlling of the motor for releasing the braking are performed based on reception of a braking request signal or a braking release request signal of the vehicle (see Paragraphs 0170-0177 (especially 0171 and 0172), when the vehicle is parked, and the driver has exited the vehicle (indicated by a signal that the driver seat door has been opened and closed), the motor receives a signal to release and then reapply the brake).
In regard to claim 20, Lee modified supra discloses the method of claim 11,
further comprising: transmitting information indicating that the force sensor is in the failure state to at least one device of the vehicle (the controller 90 transmitting orders to the motor (the motor 70 considered to be the “at least one device”) when it has been determined the force sensor has broken down, see Paragraph 0154: “When it is determined that the force sensor is in the breakdown state as described above, the estimation logic for estimating the motor torque constant starts. First, whether the current situation is a situation in which the braking operation is required to generate braking force is determined (S13), and when the current situation is in a state in which the braking operation may be released and it is not necessary to generate braking force, the controller 90 rotates the motor 70 reversely in order to release the braking operation in a state in which the braking operation has already been carried out (i.e., in a parking braking state) (S14).”).
Allowable Subject Matter
Claims 2-7 and 12-17 are objected to as being dependent upon a rejected base claim, but appear they would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regard to claim 2, Examiner notes the feature of: “wherein the controller is configured to control the motor so that the interval between the drum and the frictional member is further increased by an interval obtained by aggregating the first position and a predetermined reference interval from the first position, when the force sensor is in the failure state upon controlling the motor for releasing the braking”.
In regard to claim 3 (and claims 4-7 which depend therefrom), Examiner notes the features of: “wherein the controller is configured to, when the force sensor is in a normal state upon controlling the motor for releasing the braking, identify a time when the drum and the frictional member are separated from each other based on an output signal of the force sensor, and control the motor to adjust the interval between the drum and the frictional member based on a second position of the frictional member to the drum at the identified time”.
In regard to claim 12, Examiner notes the feature of: “wherein the controlling of the motor so that the interval between the drum and the frictional member is adjusted based on the first position includes controlling the interval between the drum and the frictional member to be further increased by an interval obtained by aggregating the first position and a predetermined reference interval from the first position.
In regard to claim 13 (and claims 14-17 which depend therefrom), Examiner notes the features of: “comprising: when the force sensor is in a normal state upon controlling the motor for releasing the braking identifying a time when the drum and the frictional member are separated from each other based on an output signal of the force sensor, and controlling the motor to adjust the interval between the drum and the frictional member based on a second position of the frictional member to the drum at the identified time”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB M AMICK whose telephone number is (571)272-5790. The examiner can normally be reached Core Hours 10-6 M-F (First Fridays Off).
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/JACOB M AMICK/Primary Examiner, Art Unit 3747