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 Claims
This Office Action is in response to the application filed on 02/24/2025. Claims 1-5 and 15-16 are presently pending and are presented for examination. Claims 6-14, and 17-22 were cancelled by the Applicant.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, and 15-16 are rejected under 35 U.S.C. § 103 as being unpatentable over Noby, WO-2012117419-A2, in view of Yokoyama et al., US-20200262399-A1, hereinafter referred to as Noby, and Yokoyama (Translation by PE2E Search).
As per claim 1
Noby discloses [a] vehicle comprising (the vehicle ECU - Noby ¶75):
(b) a controller configured to cause an indication to be made to the MCM that a driver of the vehicle is braking even when a driver of the vehicle is not braking (speed' regulating system further includes another anti-tampering feature referred as vehicle cruise disabling system. The brake switch and clutch switch are electrical switches which sends signal to the vehicle ECU. Cruise control function built into the vehicle's ECU gets disengaged when a brake switch signal or clutch switch signal is detected. The speed regulating system simulates the brake switch signal when a restrictive action is in operation, thus deactivating the vehicle cruise control if in case it is activated by the driver. - Noby ¶118);
(c) wherein the MCM disengages cruise control upon such indication being made to the MCM (speed' regulating system further includes another anti-tampering feature referred as vehicle cruise disabling system. The brake switch and clutch switch are electrical switches which sends signal to the vehicle ECU. Cruise control function built into the vehicle's ECU gets disengaged when a brake switch signal or clutch switch signal is detected. The speed regulating system simulates the brake switch signal when a restrictive action is in operation, thus deactivating the vehicle cruise control if in case it is activated by the driver. - Noby ¶118).
Noby does not specifically disclose (a) a controller area network, a node of the controller area network comprising a main control module (MCM) and another node of the controller area network comprising a cruise control module.
However, Yokoyama teaches (a) a controller area network, a node of the controller area network comprising a main control module (MCM) and another node of the controller area network comprising a cruise control module (front ECU 40 and the rear ECU 41 are connected to another ECU 43 (for example, an ECU of an advanced driver assistance system (ADAS) taking charge of automatic brake control and the like) for communication through an in-vehicle communication network or controller area network (CAN) 610. The ECUs 40 and 41 can acquire a signal of the steering angle sensor (steering angle information) and an automatic brake command from the ECU 43 - Yokoyama ¶31).
Noby discloses a system and method for regulating a vehicle speed within a preset speed limit. Yokoyama teaches a brake device capable of stabilizing a deceleration at the time of starting braking.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Noby, a system and method for regulating a vehicle speed within a preset speed limit, with a brake device capable of stabilizing a deceleration at the time of starting braking, as taught by Yokoyama, with a reasonable expectation of success so that the brake feeling can further be improved, see Yokoyama ¶89 for details.
As per claim 2
Noby further discloses wherein the controller is configured to cause the indication to be made to the MCM that a driver of the vehicle is braking as a function of determining that the vehicle is speeding (Whenever the speed is above or just near the maximum permitted speed, the speed regulating system 201 generates a signal like the brake switch signal and sends it to the vehicle Engine contol Unit (ECU) 102 to deactivate any cruise control if applied. - Noby ¶135).
As per claim 3
Noby further discloses wherein the controller indicates to the MCM that a driver of the vehicle is braking as a function of also determining that cruise control is engaged (system also incorporates vehicle cruise disabling system to deactivate cruise control built in to the vehicle ECU when controls are exercised by this system as such cruise controls can overcome the control efforts to limit the speed or acceleration. The cruise control feature of the vehicle is deactivated by sending a brake signal applied to the vehicle ECU on a continuous pattern to ensure that the built in cruise control feature is kept deactivated continuously throughout the time the control is exercised by the speed regulating system - Noby ¶110 - Examiner reasons that the driver is braking because the vehicle is speeding in the section requiring speed reduction or is going too fast for safe travel over a speed bump and that the cruise controller knows that the cruise control in turned on in the scenario and therefore turns the cruise control off once the predetermined conditions are met).
As per claim 4
Noby further discloses wherein the controller comprises a microcontroller (main electronic circuit is at least one of a digitally programmed micro-controller circuit or a built-in analog circuit adapted to perform functions of the digitally programmed micro-controller circuit - Noby ¶51).
As per claim 15
Noby discloses [a] method for simulating braking of a vehicle so as to disengage cruise control, comprising: (a) monitoring whether cruise control is engaged; (b) determining a current speed of the vehicle; (c) determining a currently allowed speed of the vehicle; (d) comparing the currently allowed speed of the vehicle to the current speed of the vehicle; (e) when cruise control is engaged and the current speed of the vehicle is within a predetermined range of or exceeds the currently allowed speed, causing one or more signals to be sent to a main control module of the vehicle simulating braking by a driver of the vehicle causing the main control module to disengage the cruise control (speed' regulating system further includes another anti-tampering feature referred as vehicle cruise disabling system. The brake switch and clutch switch are electrical switches which sends signal to the vehicle ECU. Cruise control function built into the vehicle's ECU gets disengaged when a brake switch signal or clutch switch signal is detected. The speed regulating system simulates the brake switch signal when a restrictive action is in operation, thus deactivating the vehicle cruise control if in case it is activated by the driver., Whenever the speed is above or just near the maximum permitted speed, the speed regulating system 201 generates a signal like the brake switch signal and sends it to the vehicle Engine contol Unit (ECU) 102 to deactivate any cruise control if applied. - Noby ¶118 & ¶135).
As per claim 16
Noby discloses [a] method for simulating braking of a vehicle so as to disengage cruise control, comprising: (a) monitoring whether cruise control is engaged; (b) determining a current set speed of the cruise control; (c) determining a currently allowed speed of the vehicle; (d) comparing the currently allowed speed of the vehicle to the current set speed of the vehicle; and (e) when cruise control is engaged and the current set speed of the cruise control is within a predetermined range of or exceeds the currently allowed speed, causing one or more signals to be sent to a main control module of the vehicle simulating braking by a driver of the vehicle causing the main control module to disengage the cruise control (speed' regulating system further includes another anti-tampering feature referred as vehicle cruise disabling system. The brake switch and clutch switch are electrical switches which sends signal to the vehicle ECU. Cruise control function built into the vehicle's ECU gets disengaged when a brake switch signal or clutch switch signal is detected. The speed regulating system simulates the brake switch signal when a restrictive action is in operation, thus deactivating the vehicle cruise control if in case it is activated by the driver., Whenever the speed is above or just near the maximum permitted speed, the speed regulating system 201 generates a signal like the brake switch signal and sends it to the vehicle Engine contol Unit (ECU) 102 to deactivate any cruise control if applied. - Noby ¶118 & ¶135).
Claim 5 is rejected under 35 U.S.C. § 103 as being unpatentable over Noby, and Yokoyama, as per claim 1, and further in view of Ali Khan et al., US-20200317184-A1, hereinafter referred to as Ali Khan.
As per claim 5
Noby does not specifically disclose wherein the controller comprises an application specific integrated circuit.
However, Ali Khan teaches wherein the controller comprises an application specific integrated circuit (As used herein, the term “module” refers to hardware, software, firmware, electronic control component, processing logic, and/or processor device, individually or in a combination thereof, including without limitation: application specific integrated circuit (ASIC), The control system 98 includes a cruise control system - Ali Khan ¶12 & ¶16).
Noby discloses a system and method for regulating a vehicle speed within a preset speed limit. Ali Khan teaches a cruise control system that monitors the engine performance for determining a run-away condition.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of teachings of Noby, a system and method for regulating a vehicle speed within a preset speed limit, with a cruise control system that monitors the engine performance for determining a run-away condition, as taught by Ali Khan, with a reasonable expectation of success since application-specific integrated circuits can improve speed and require less electric power to operate compared to programmable logic devices, see Wikipedia Page 1 for details1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey S. Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.A.S./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
1 Application-specific integrated circuit – Wikipedia – Page 1