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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “effective value extraction unit,” “actual braking force value detection unit,” “first braking force value determination unit,” “difference value detection unit,” “compensation value determination unit” in claims 1-10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: “effective value extraction unit,” “actual braking force value detection unit,” “first braking force value determination unit,” “difference value detection unit,” “compensation value determination unit” corresponding to a processor [see specification paragraph 0059 and Figure 1].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 10 is objected to because of the following informalities:
“the actual current value of which a rate in change” should read “the actual current value of which a rate of change”
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In accordance with MPEP 2106.04, each of claims 1-10 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1 per MPEP 2106.04(a)
Each of claims 1-10 recites at least one step or instruction for detecting a braking force value, which is an observation or evaluation that can be performed in the human mind. Observations or evaluations are grouped as mental processes (see MPEP 2106.04(a)(2)(III)).
Accordingly, each of claims 1-10 recites an abstract idea.
Specifically, claims 1 and 8 recite:
detecting an actual piston position (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
detecting an actual current value (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
extracting an effective value (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
detecting an actual braking force value (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
processor;
electro-mechanical brake including piston, brake pad, wheel disk and motor;
current detection unit;
position detection unit.
Further, dependent claims 2-7 and 9-10 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the claimed functions/steps are performed.
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea as in MPEP 2106.04(a).
Step 2A, Prong 2 per MPEP 2106.04(d)
The above-identified abstract idea in each of independent claims 1 and 8 (and their respective dependent claims 2-7 and 9-10) is not integrated into a practical application under MPEP 2106.04(d) because the additional elements (identified above in independent claims 1 and 8), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use according to MPEP 2106.05(h). More specifically, the additional element(s) of: a processor is/are generically recited computer elements in independent claims 1 and 8 (and their respective dependent claims) which do not improve the functioning of a computer, or any other technology or technical field according to MPEP 2106.04(d)(1) and 2106.05(a). Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine according to MPEP 2106.05(b), effect a transformation according to MPEP 2106.05(c), provide a particular treatment or prophylaxis according to MPEP 2106.04(d)(2) or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception according to MPEP 2106.04(d)(2) and 2106.05(e). Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer in accordance with MPEP 2106.05(f). For at least these reasons, the abstract idea identified above in independent claims 1 and 8 (and their respective dependent claims) is not integrated into a practical application in accordance with MPEP 2106.04(d).
Moreover, the above-identified abstract idea is not integrated into a practical application in accordance with MPEP 2106.04(d) because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and certain method of organizing human activity) using rules (e.g., computer instructions) executed by a computer (e.g., “processor’ as claimed). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer according to MPEP 2106.05(f). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims according to MPEP 2106.05(a). That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent claims 1 and 8 (and their respective dependent claims) is not integrated into a practical application under MPEP 2106.04(d)(I).
Accordingly, independent claims 1 and 8 (and their respective dependent claims) are each directed to an abstract idea according to MPEP 2106.04(d).
Step 2B per MPEP 2106.05
None of claims 1-10 include additional elements that are sufficient to amount to significantly more than the abstract idea in accordance with MPEP 2106.05 for at least the following reasons.
These claims require the additional elements of: a processor;
electro-mechanical brake including piston, brake pad, wheel disk and motor;
current detection unit;
and position detection unit.
The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, MPEP 2106.05(d)(II) along with Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per Applicant’s specification, current detection unit 113 corresponds to a current sensor and position detection unit 115 corresponds to a motor rotation angle sensor [see specification paragraphs 0042-0043 and Figure 1]. The specification is silent on a specific structure of the current detection unit and the position detection unit and each element is depicted only schematically in the drawings. Similarly, the specification is silent on a specific structure of processor 130 and it also is only depicted schematically [see Figure 1]. Claims 1 and 8 are directed to an electro-mechanical brake and a control method for an electro-mechanical brake. The electro-magnetic brake includes a piston, brake pad, wheel disk and motor, which are the conventional features of this type of brake [see specification paragraph 0004]. Thus, the current detection unit, position detection unit, electro-magnetic brake and processor are well-understood, routine and conventional elements.
Accordingly, in light of Applicant’s specification, the claimed term “processor” is reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process. See MPEP 2106.05(f).
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for the processor. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see MPEP 2106.05(d)(I)(2) and 2106.07(a)(III)). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications along with MPEP 2106.05(d)(I)).
The recitation of the above-identified additional limitations in claims 1-10 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See MPEP 2106.05(f) along with Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. See MPEP 2106.05(a) along with McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, per MPEP 2106.05(a), the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the apparatus and methods of claims 1-10 are directed to applying an abstract idea as identified above on a general purpose computer without (i) improving the performance of the computer itself or providing a technical solution to a problem in a technical field according to MPEP 2106.05(a), or (ii) providing meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e).
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent claims 1 and 8 (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment according to MPEP 2106.05(h). When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment according to MPEP 2106.05(h). When viewed as whole, the above-identified additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e). Moreover, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity according to MPEP 2106.05(g). As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application as required by MPEP 2106.05.
Therefore, for at least the above reasons, none of the claims 1-10 amounts to significantly more than the abstract idea itself. Accordingly, claims 1-10 are not patent eligible and rejected under 35 U.S.C. 101.
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) 1-2 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Seto (WO 2023/090095 A1)
Regarding claim 1, Seto discloses an electro-mechanical brake including a piston (6) configured to push a brake pad (5a, 5b) toward a wheel disk (2) through driving of a motor (8), the electro-mechanical brake comprising:
a current detection unit (31) configured to detect an actual current value (I) flowing through the motor [0017];
a position detection unit configured to detect an actual piston position (x) of the piston [0025];
an effective value extraction unit configured to filter the actual current value and extract an effective value (I0) from the actual current value [0044]; and
an actual braking force value detection unit configured to detect an actual braking force value (F) based on a first map, a second map, the actual piston position, and the effective value, wherein the first map is a map in which a correlation relationship between a current flowing through the motor, a position of the piston, and a braking force in a first state is converted into data, using a processor (11) [0017, 0047, equation 13 determines an actual braking force value based on the effective value I0, and includes a first map establishing a correlation between the current flowing through the motor I, and the factor α which includes a position of the piston and a braking force; the factor α is based on a second map as discussed below] [0046, the state of the braking force and the factor α include at least a state where the current-thrust conversion ratio is low and where the current-thrust conversion ratio is high, as shown in Figure 6],
the second map is a map in which the current flowing through the motor and a factor in the first state are converted into data, using the processor [0028, 0041-0043, the value of the factor α according to the correlations in equations 7 or 9, is based on a relationship between the y-intercepts C and b in the functions of Figures 3 and 5, respectively, that vary depending on whether the current-thrust conversion ratio is low or high], and
the factor (brake pad thrust/current coefficient or current-thrust conversion ratio α) is a ratio of the braking force to the current flowing through the motor [0020, 0037].
Regarding claim 2, Seto further discloses wherein the effective value extraction unit extracts, as the effective value, the actual current value detected when the actual piston position is a position to which the piston has moved forward by a preset distance or more from a contact point [0044].
Regarding claim 8, Seto discloses a control method for an electro-mechanical brake including a piston (6) configured to push a brake pad (5a, 5b) toward a wheel disk (2) through driving of a motor (8), the control method comprising:
generating a first map and a second map in a first state, using a processor (11) [as shown in equation 13 and Figure 6, respectively];
detecting an actual piston position (x) of the piston, using a position detection unit [0025];
detecting an actual current value (I) flowing through the motor, using a current detection unit (31) [0017];
filtering the actual current value to extract an effective value (I0) from the actual current value, using an effective value extraction unit [0044]; and
detecting an actual braking force value (F) based on the first map, the second map, the actual piston position, and the effective value, using an actual braking force value detection unit, wherein the first map is a map in which a correlation relationship between a current flowing through the motor, a position of the piston, and a braking force in the first state is converted into data, using a processor (11) [0017, 0047, equation 13 determines an actual braking force value based on the effective value I0, and includes a first map establishing a correlation between the current flowing through the motor I, and the factor α which includes a position of the piston and a braking force; the factor α is based on a second map as discussed below] [0046, the state of the braking force and the factor α include at least a state where the current-thrust conversion ratio is low and where the current-thrust conversion ratio is high, as shown in Figure 6],
the second map is a map in which the current flowing through the motor and a factor in the first state are converted into data, using the processor [0028, 0041-0043, the value of the factor α according to the correlations in equations 7 or 9, is based on a relationship between the y-intercepts C and b in the functions of Figures 3 and 5, respectively, that vary depending on whether the current-thrust conversion ratio is low or high], and
the factor (brake pad thrust/current coefficient or current-thrust conversion ratio α) is a ratio of the braking force to the current flowing through the motor [0020, 0037].
Regarding claim 9, Seto further discloses wherein the filtering of the actual current value to extract the effective value from the actual current value includes using the effective value extraction unit to extract, as the effective value, the actual current value detected when the actual piston position is a position to which the piston has moved forward by a preset distance or more from a contact point [0044].
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) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seto (WO 2023/090095 A1) in view of Baehrle-Miller (US Patent Application Publication 2012/0205202).
Regarding claims 3 and 10, Seto discloses the brake of claim 1 and the method of claim 8 as discussed above but does not disclose wherein the effective value extraction unit extracts, as the effective value, the actual current value of which a rate of change of current during a specific time period has a positive value among the actual current values when the piston is moving forward.
Baehrle-Miller discloses an electro-magnetic brake and method for setting its braking force comprising an effective value extraction unit that extracts, as an effective value, the actual current value of which a rate of change of current during a specific time period has a positive value among the actual current values when the piston is moving forward [0010-0011, 0023-0024, the braking force is ascertained from the current value I, as shown in Figure 1, while the rate of change of the current increases with the beginning of the time period of phase 3].
Baehrle-Miller teaches that extracting the effective value under the condition that the rate of change during a specific time period is positive allows the braking force to be set very precisely without requiring additional sensors [0008].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to perform the filtering of the actual current value disclosed by Seto using the specific time period disclosed by Baehrle-Miller so that the braking force can be determined from the effective value without requiring the use of additional sensors, such as a braking force sensor.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seto (WO 2023/090095 A1) in view of Leibfried (US Patent Application Publication 2013/0228402).
Regarding claim 4, Seto discloses the brake of claim 1 wherein the first braking force value represents a value of a braking force output from the first map when the actual piston position is provided as input, as discussed above.
Seto does not disclose wherein the effective value extraction unit extracts, as the effective value, the actual current value detected when a first braking force value is smaller than a target braking force.
Leibfried discloses an effective value extraction unit that extracts, as an effective value, an actual current value detected when a first braking force value is smaller than a target braking force [0014].
Leibfried teaches that detecting the actual current value under the condition that the braking force has not yet reached the target braking force provides a measurement of current applicable when the current is detected in a DC motor not receiving a pulse width modulated signal [0015-0016].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to extract the effective value under the conditions disclosed by Leibfried with the brake disclosed by Seto when the motor is a DC motor control without pulse width modulation since it has been shown that extraction in that case provides a measurement of actual motor current.
Conclusion
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/JOSHUA CAMPBELL/
Examiner, Art Unit 3747
/JACOB M AMICK/Primary Examiner, Art Unit 3747
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