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 .
Status of the claims
Claims 1-8 are pending.
Claims 1-6 have been amended.
Claims 7 and 8 are new.
Response to Amendment
Objections to the Drawings: Applicant’s replacement sheet overcomes the drawing objections. Objections to the drawings are withdrawn.
Objections to the Specification: Applicant’s amendment to the specification overcomes the specification objections. Objections to the specification are withdrawn.
Rejections Under 35 U.S.C. §112(b): Applicant’s amendments to the claims overcome the 112(b) rejections. The rejections under 112(b) have been withdrawn.
Rejections Under 35 U.S.C. §103: Claim 1 has been amended to change the scope of the claimed invention. Specifically, limitations pertaining to “wherein the controller is further configured to:” and “wherein the controller is further configured to: in response to detecting that the vehicle is in a state where the driver is away from the driver's seat of the vehicle, determine whether the detected vehicle speed or exceeds a predetermined vehicle speed” which changes the scope of the claimed invention.
Response to Arguments
Applicant’s arguments with respect to claim 1 has 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.
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 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Khafagy et al. (US2018/0148057A1), hereinafter Khafagy.
Regarding claim 1, (Currently Amended) Khafagy teaches a parking control device for a vehicle that executes a parking control to operate a parking mechanism when a to maintain the vehicle equipped with an electric motor as a driving power source is maintained in a stopped state, the parking control device comprising a controller that executes the parking control, wherein the controller is configured to (see at least [0016] “The controller 22 is also connected to one or more vehicle park systems 26. In one example, the vehicle park system 26 is an electrical park brake (EPB) that utilizes a motor to pull a cable connected to the EPB to actuate the EPB.”): detect whether a driver see at least [0031] “method further includes detecting 56 a driver exit condition while in the engine auto-stop mode”); anddetect a vehicle speed of the vehicle (see at least [0033] “The method further includes determining a vehicle speed.”), wherein the controller is further configured to:in response to detecting that the vehicle is in a state where the driver is away from the driver's seat of the vehicle, determine whether the detected vehicle speed equal to or lower than or exceeds a predetermined vehicle speed,see at least [0033] “In still another approach, a method includes detecting an auto-stop condition, initiating an engine auto-stop mode upon an auto-stop condition, and detecting a driver exit condition while in the engine auto-stop mode. The method further includes determining a vehicle speed...When the vehicle speed is above a predefined threshold (e.g., greater than 2 miles-per-hour)...When the vehicle speed is reduced to or below the predefined threshold”) in response to determining that the vehicle speed exceeds the predetermined vehicle speed in the state where the driver is away from the driver's seat of the vehicle, execute a braking control to reduce the vehicle speedsee at least [0033] “When the vehicle speed is above a predefined threshold (e.g., greater than 2 miles-per-hour), the method includes actuating, at a controller, a first vehicle park mechanism (e.g., ABS and/or EPB) to reduce the vehicle speed.”); and in response to determining that the vehicle speed is equal to or lower than the predetermined vehicle speed after the braking control is executed, execute the parking control to activate the parking mechanismsee at least [0033] “When the vehicle speed is reduced to or below the predefined threshold, the method includes actuating, at the controller, a second vehicle park mechanism (e.g., a SBW parking pawl) in response to detecting the driver exit condition while in the engine auto-stop mode”).
However, Khafagy does not explicitly teach suggests each of the elements in a single embodiment (see at least [0039] “While exemplary embodiments are described above, it is not intended that these embodiments describe all possible forms encompassed by the claims. The words used in the specification are words of description rather than limitation, and it is understood that various changes may be made without departing from the spirit and scope of the disclosure and claims. As previously described, the features of various embodiments may be combined to form further embodiments that may not be explicitly described or illustrated.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khafagy of a parking control device for a vehicle that executes a parking control to operate a parking mechanism when a to maintain the vehicle equipped with an electric motor as a driving power source is maintained in a stopped state, the parking control device comprising a controller that executes the parking control, wherein the controller is configured to: detect whether a driver is away from a driver's seat of the vehicle; and detect a vehicle speed of the vehicle, wherein the controller is further configured to: in response to detecting that the vehicle is in a state where the driver is away from the driver's seat of the vehicle, determine whether the detected vehicle speed equal to or lower than or exceeds a predetermined vehicle speed, in response to determining that the vehicle speed exceeds the predetermined vehicle speed in the state where the driver is away from the driver's seat of the vehicle, execute a braking control to reduce the vehicle speed; and in response to determining that the vehicle speed is equal to or lower than the predetermined vehicle speed after the braking control is executed, execute the parking control to activate the parking mechanism in order to more explicitly teach the same with a reasonable expectation of success. One would have been motivated to do so in order to reduce the likelihood of accidental roll-away or movement of a vehicle with the driver seat is not occupied (see at least Khafagy,[0037]).
Regarding claim 7, (New) Khafagy teaches the parking control device according to claim 1 as detailed above.
Khafagy teaches wherein the predetermined vehicle speed is a value higher than zero (see at least [0033] “When the vehicle speed is at or below a predefined threshold (e.g., less than or equal to 2 miles-per-hour)...When the vehicle speed is above a predefined threshold (e.g., greater than 2 miles-per-hour)” also see at least [0035]).
Examiner interprets that predetermined vehicle speed is encompassed at least by predefined threshold 2 miles-per-hour.
Regarding claim 8, (New) Khafagy teaches the parking control device according to claim 1 as detailed above.
Khafagy teaches wherein the controller is further configured to determine whether a power supply of the vehicle is ON, and, in response to the determination that the power supply of the vehicle is OFF, turn the power supply of the vehicle ON (see at least [0029] “In some approaches, the controller 22 initiates an engine auto-start in response to information received from another system or subsystem. For example, the controller 22 may initiate an engine auto-start when a battery state of charge drops below a threshold state of charge, or when a battery voltage drops below a threshold voltage.”).
Examiner interprets that determination that the power supply of the vehicle is OFF is encompassed at least by when a battery voltage drops below a threshold voltage, and turn the power supply of the vehicle ON is encompassed at least by initiate an engine auto-start.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Khafagy et al. (US2018/0148057A1) in view of Ma et al. (US2022/0332195A1), hereinafter Khafagy and Ma respectively.
Regarding claim 2, (Currently Amended) Khafagy teaches the parking control device according to claim 1 as detailed above.
Khafagy does not explicitly teach wherein: the electric motor includes a three-phase motor; and the controller
However, Ma teaches wherein: the electric motor includes a three-phase motor (see at least [0161] “In an example, the drive motor is controlled through a two-level three-phase inverter circuit, where the two-level three-phase inverter circuit outputs a three-phase alternating current voltage with variable frequency and amplitude to the drive motor in the process that the drive motor is controlled to output the electric braking torque.”); and the controller see at least [0036] “an electric braking part is executed by a transmission control unit (TCU),” and [0041] “the TCU controls the motor of the vehicle to output the electric braking torque to reduce the vehicle speed,” and [0162] “In an example, as shown in FIG. 15, the two-level three-phase inverter circuit is formed by six switch tubes, where all the six switch tubes may be insulated gate bipolar transistors (IGBTs). Specifically, when the drive motor is controlled to output the electric braking torque, a motor controller may control on/off of the six IGBTs, to generate and supply, to the drive motor, the three phase alternating current voltage with the variable frequency and amplitude, and perform rotational speed closed-loop control on the drive motor by using the braking torque, until the rotational speed of the drive motor is reduced to zero, that is, the vehicle speed is reduced to zero.”).
Examiner interpret that controller is encompassed at least by transmission control unit (TCU).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Khafagy with the teaching of wherein: the electric motor includes a three-phase motor; and the controller is configured to perform a three-phase ON control that turns ON each phase of the three-phase motor to output a torque in a direction that the vehicle speed is reduced found in Ma. One could combine the teachings in order to have a parking control device wherein: the electric motor includes a three-phase motor; and the controller is configured to perform a three-phase ON control that turns ON each phase of the three-phase motor to output a torque in a direction that the vehicle speed is reduced with a reasonable expectation of success. One would have been motivated to do so in order improve the precision of vehicle braking control and eliminate the risk of reverse traction of a drive motor of the vehicle (see at least Ma, [0005] and [0085]).
Regarding claim 3, (Currently Amended) the combination of Khafagy and Ma teaches the parking control device according to claim 2 as detailed above.
Khafagy suggests wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel (see at least [0016] “a gear shift module transmits an electrical signal to an electronic controller, which directs separate actuators to apply or release the various friction elements, such as clutches or brakes, to obtain a desired gear ratio. In such approaches, the transmission is provided with a parking pawl that is operated by one of the actuators. The parking pawl may engage with at least one gear in the transmission to inhibit vehicle motion or release from the at least one gear to permit vehicle motion.”).
Khafagy does not explicitly teach the controller is configured to operate the electric brake mechanism in conjunction with the three-phase ON control to reduce the vehicle speed.
Ma more explicitly teaches wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel (see at least [0041] “when determining that the vehicle speed is reduced to the mechanical braking application speed, the BCU controls the vehicle to apply the mechanical braking torque.” and [0049] “when the electric braking torque is completely unloaded and the vehicle speed is zero, the mechanical braking torque starts to be applied so as to park;”); and the controller is configured to operate the electric brake mechanism in conjunction with the three-phase ON control to reduce the vehicle speed (see at least [0036] “an electric braking part is executed by a transmission control unit (TCU), and a mechanical braking part is executed by a brake control unit (BCU). When the vehicle starts to brake, and [0049] “when the current gradient of the vehicle is not zero, the mechanical braking torque can be applied while the electric braking torque starts to be unloaded, and when the electric braking torque is completely unloaded and the vehicle speed is zero, the mechanical braking torque is completely applied so as to park. In this way, the precision of vehicle braking control is improved.” also see at least [0041] and Fig.4(a)).
Examiner interprets that frictional force is encompassed at least by mechanical braking torque, electric brake mechanism is encompassed at least by mechanical braking and/or brake control unit (BCU), and three-phase ON control is encompassed at least by electric braking and/or transmission control unit (TCU).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the suggested teaching of Khafagy of wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel with the teaching of wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel; and the controller is configured to operate the electric brake mechanism in conjunction with the three-phase ON control to reduce the vehicle speed found in Ma. One could combine the teachings in order to have a parking control device wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel; and the controller is configured to operate the electric brake mechanism in conjunction with the three-phase ON control to reduce the vehicle speed with a reasonable expectation of success. One would have been motivated to do so in order to reduce the likelihood of accidental roll-away or movement of a vehicle with the driver seat is not occupied (see at least Khafagy,[0037]) and further to improve the precision of vehicle braking control (see at least Ma, [0011] and [0085]).
Regarding claim 4, (Currently Amended) the combination of Khafagy and Ma teaches the parking control device according to claim 3 as detailed above.
Khafagy does not explicitly teach wherein the controller
Ma suggests wherein the controller see at least [0146] “As shown in FIG. 11, the TCU and the BCU determine whether a vehicle is in a service braking state; and if the vehicle is in the service braking state, the TCU monitors a state of a drive motor and a vehicle allowed feedback state, and preferentially applies an electric braking torque according to a braking torque required by the vehicle if there is no abnormality. In an electric braking process, the BCU monitors the electric braking torque and the braking torque required by the vehicle fed back by the TCU, and determines whether to apply a mechanical braking torque. In addition, the TCU and the BCU monitor a vehicle speed and state information of the vehicle, determine whether the current vehicle speed reaches a speed at which the electric braking torque is unloaded, and/or, whether the vehicle speed reaches a speed at which the mechanical braking torque is applied, and perform corresponding control according to a determination result. The speed at which the electric braking torque is unloaded may be selected as required from one of an electric braking exit speed, an electric braking exit protection speed, and a maximum electric braking exit speed, and the speed at which the mechanical braking torque is applied may be one of a mechanical braking application speed and a mechanical braking application protection speed.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Khafagy with the suggested teaching of wherein the controller is configured to reduce the vehicle speed by operation of the electric brake mechanism when a failure occurs in the three-phase ON control, and reduce the vehicle speed by the three-phase ON control when a failure occurs in the operation of the electric brake mechanism found in Ma. One could combine the teachings in order to have a parking control device wherein the controller is configured to reduce the vehicle speed by operation of the electric brake mechanism when a failure occurs in the three-phase ON control, and reduce the vehicle speed by the three-phase ON control when a failure occurs in the operation of the electric brake mechanism. One would have been motivated to do so in order to perform vehicle braking even in the event of a system failure to promote a safer and more robust system.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Khafagy et al. (US2018/0148057A1) in view of Ma et al. (US2022/0332195A1) in further view of Yokoyama et al. (US2016/0339888A1), hereinafter Khafagy, Ma, and Yokoyama respectively.
Regarding claim 5, (Currently Amended) the combination of Khafagy and Ma teaches the parking control device according to claim 2 as detailed above.
Khafagy suggests wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel(see at least [0016] “a gear shift module transmits an electrical signal to an electronic controller, which directs separate actuators to apply or release the various friction elements, such as clutches or brakes, to obtain a desired gear ratio. In such approaches, the transmission is provided with a parking pawl that is operated by one of the actuators. The parking pawl may engage with at least one gear in the transmission to inhibit vehicle motion or release from the at least one gear to permit vehicle motion.”).
Khafagy does not explicitly teach the controller the stopped state when a failure occurs in the parking mechanism.
However, Yokoyama more explicitly teaches herein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel (see at least [0082] “At this stage, the linearly moving member 42 is held in braking mode by friction force (retaining force) between the linearly moving member 42 and the threaded member 41 arising from pressing reaction force, or normal force, transmitted from the piston 39, thereby actuating (applying) the disc brake 31 on the rear wheel 3 to serve as a parking brake. This means that even after the supply of electric current to the electric actuator 43 is stopped, the female thread of the linearly moving member 42 and the male thread of the threaded member 41 keep the linearly moving member 42 (and hence the piston 39) in braking position.”); and the controller the stopped state when a failure occurs in the parking mechanism (see at least [0117] “More specifically, this embodiment makes it possible in the event of a failure of the parking switch 18 (in the event of detection of a fault) to activate the electric actuator 43 to hold the parking brake when the brake pedal has been stepped on for predetermined time while the vehicle is at rest or upon detecting a condition that presumes the vehicle operator's exit from the vehicle or non driving state while the vehicle is at rest. This enables the parking brake to be held to keep the vehicle stationary in the event of a failure of the parking switch 18.”).
Examiner interprets that electric brake mechanism is encompassed at least by the linearly moving member 42.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify he suggested teaching of Khafagy of wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel with the teaching of wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel; and the controller is configured to operate the electric brake mechanism to maintain the vehicle in the stopped state when a failure occurs in the parking mechanism found in Yokoyama. One could combine the teachings in order to have a parking control device wherein: the vehicle further includes an electric brake mechanism that is electrically controlled to generate a frictional force to stop rotation of a vehicle wheel; and the controller s configured to operate the electric brake mechanism to maintain the vehicle in the stopped state when a failure occurs in the parking mechanism.. One would have been motivated to do so in order to reduce the likelihood of accidental roll-away or movement of a vehicle with the driver seat is not occupied (see at least Khafagy,[0037]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Khafagy et al. (US2018/0148057A1) in view of Ma et al. (US2022/0332195A1) in further view of Giefer et al. (US2010/0326787A1), hereinafter Khafagy, Ma, and Giefer respectively.
Regarding claim 6, (Currently Amended) Khafagy teaches the parking control device according to claim 1 as detailed above.
Khafagy suggests wherein: the controller is further configured to determine the vehicle is moving and the vehicle speed equal to or lower than the predetermined vehicle speed; and the controller is configured to execute [[a]] the parking control to activate the parking mechanism when the controller has determined that the vehicle is moving and the vehicle speed is equal to or lower than the predetermined vehicle speed (see at least [0033] “In still another approach, a method includes detecting an auto-stop condition, initiating an engine auto-stop mode upon an auto-stop condition, and detecting a driver exit condition while in the engine auto-stop mode. The method further includes determining a vehicle speed. When the vehicle speed is at or below a predefined threshold (e.g., less than or equal to 2 miles-per-hour), the method includes actuating, at a controller, a vehicle park mechanism in response to detecting the driver exit condition while in the engine auto-stop mode.”).
Giefer more explicitly teaches wherein: the controller is further configured to determine the vehicle is moving and the vehicle speed equal to or lower than the predetermined vehicle speed; and the controller is configured to execute [[a]] the parking control to activate the parking mechanism when the controller has determined that the vehicle is moving and the vehicle speed is equal to or lower than the predetermined vehicle speed (see at least [0013] “In particular it has been found advantageous for the control unit to comprise a checking module, which only transmits the operating commands of the actuating element to the transmission and the parking brake system when the vehicle is at rest, whereas when the vehicle is moving it passes on the operating command for the parking brake device as an emergency braking command to the brake system of the vehicle in order to actuate it. This further development according to the invention on the one hand ensures that the parking brake system can only be activated in cases when it is needed, and at the same time that the emergency brake function required by law can also be guaranteed. At the same time, the checking module ensures that if the vehicle is rolling at a speed in excess of a limit speed (for example 3 km/h), the parking lock cannot be engaged.” also see at least Claim 10).
Examiner interprets that controller is further configured to determine the vehicle is moving is encompassed at least by a checking module and parking mechanism is encompassed at least by parking brake device and/or parking lock.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the suggested teaching of Khafagy of wherein: the controller is further configured to determine the vehicle is moving and the vehicle speed equal to or lower than the predetermined vehicle speed; and the controller is configured to execute the parking control to activate the parking mechanism when the controller has determined that the vehicle is moving and the vehicle speed is equal to or lower than the predetermined vehicle speed with the more explicit teaching of the same found in Giefer. One could combine the teachings in order to have a parking control device wherein: the controller is further configured to determine the vehicle is moving and the vehicle speed equal to or lower than the predetermined vehicle speed; and the controller is configured to execute the parking control to activate the parking mechanism when see at least Khafagy,[0037]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Graham et al. (US4664218A) Discloses a safety back-up system for a vehicle automatically applies the brakes to stop the vehicle against reverse movement when the vehicle begins moving backward without an attendant at the rear of the vehicle. The system senses reverse motion of the vehicle, whether rolling backward down an incline or driven backward by the engine and automatically applies the brakes, unless the automatic braking is disabled by application of a manual input by an attendant positioned near the rear of the vehicle with a handheld signal transmitter. A manual override device is available to the vehicle's driver, enabling the driver to override the automatic braking device from inside the vehicle when necessary. A record may be kept in a computer memory of all uses of the manual override, to assure that the system is not defeated. A driver seat switch may also be included, independent of the driver's override switch, for also applying the brakes if the driver leaves the seat while the vehicle is stationary, moving backward or moving slowly forward.
Kamo (US2015/0291134A1) Discloses at a time of causing a parking mechanism to execute a parking process switch a parking gear to a locked state when a predetermined parking condition is established and a detected road surface gradient is equal to or greater than a predetermined value, it is determined whether a foot brake has been operated, operation of an automatic braking system is controlled to make a travel speed of the vehicle greater than zero but equal to or less than a set speed if it is determined that the foot brake has not been operated, and the parking process is then executed.
Senoo (US2015/0094925A1) Discloses a parking lock device for a vehicle including: first left and right wheels; first left and right parking lock section of an engagement type which are arranged to fix the left and right wheels independently; second left and right wheels which are not provided with the left and right parking lock section; a control brake section configured to brake the second left and right wheels; and a parking control section configured to actuate the control brake section when an operation request of the left and right parking lock section is generated.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA N RORIE whose telephone number is (571)272-6962. The examiner can normally be reached Monday - Friday (out of office every other Friday) 7:30 am - 5:00 pm.
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/A.R./Examiner, Art Unit 3662
/JELANI A SMITH/Supervisory Patent Examiner, Art Unit 3662
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