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 § 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 and 3-16 are rejected under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter.
Step 1: Statutory Category
- The claims are directed to a method (process), which is a statutory category.
Step 2A: Judicial Exceptions
Abstract Idea—Mental Processes and Mathematical Concepts:
Obtaining a mapping (S1) is a data gathering step, which may be performed by reviewing or retrieving data from a table or database, or by looking up values in a chart. For example, a mapping could be a table that associates different vehicle weights with corresponding effective rolling radius values, or a chart that links tire types and axle configurations to expected rolling radius values. Such a mapping can be mentally referenced or written down on paper.
Determining a current vehicle operating state (S2) is a mental process or observation, which can be performed by a human or a generic computer, and does not recite any specific sensor or hardware. For example, the vehicle operating state could be the vehicle's current weight, tire pressure, tire type, axle configuration, or cargo load. These parameters can be observed, estimated, or recorded by a person.
Initializing an algorithm (S3) is a calculation step, involving mathematical operations based on the mapping and vehicle state. This is a mathematical concept, which can be performed mentally, by hand calculation, or by a generic computer.
Updating the mapping (S4) based on an estimated rolling radius is a data manipulation step, which may be performed mentally or by writing a new value into a table or chart on paper. For example, after estimating a new rolling radius value for a given vehicle weight, a person could update the corresponding entry in the mapping table using a pen.
The claimed steps are directed to abstract ideas, including mental processes (reviewing, determining, updating) and mathematical concepts (calculating, initializing algorithms, interpolating, weighting). The claims do not recite any specific hardware or sensors for performing these steps.
Step 2A, Prong 2: Integration into a Practical Application
The claims do not recite any additional elements that integrate the abstract idea into a practical application. The method steps are not tied to a specific machine or apparatus, nor do they improve the functioning of a computer or other technology.
Although the claims reference vehicle operating state and heavy-duty vehicles, they do not require the use of any particular sensor, control unit, or physical device to perform the method.
The claims as written could be performed entirely by mental steps, by hand using pen and paper, or by generic computer operations.
Step 2B: Significantly More (Inventive Concept)
The claims do not recite any additional elements or combination of elements that amount to significantly more than the abstract idea itself.
There are no specific hardware, sensors, or technological improvements recited in the claims.
Dependent Claims
Claims 3–13 recite further limitations related to the mapping, algorithm, convergence criteria, and updating steps, but these are also abstract ideas or mathematical concepts, and do not add any specific hardware or practical application.
Claims 6 and 7 reference IMU, wheel speed sensor, and GPS, but do not require their use in the method, nor do they tie the method to a specific apparatus.
Apparatus/Computer Program Claims (Claims 14–16)
Claims 14–16 recite a control unit, vehicle, or computer-readable medium configured to perform the method of claim 1. These claims merely implement the abstract idea on a generic computer or control unit and do not add any inventive concept or practical application.
Note: To overcome this rejection, applicant is advised to amend the claims such that the method is tied to a practical application in controlling vehicle motion or operation.
Allowable Subject Matter
The prior arts of record fail to teach or suggest all of the limitations in combination as claimed. In particular, none of the cited references disclose or suggest obtaining a mapping between a vehicle operating state and an effective rolling radius, wherein the mapping is associated with a type of heavy-duty vehicle, and further updating such a mapping based on an estimated effective rolling radius after an algorithm reaches a convergence criterion. The cited art generally teaches estimation of rolling radius or other tire parameters using sensor data and vehicle state, but do not teach or suggest a mapping that is specifically associated with a vehicle type, nor updating such a mapping as claimed.
Accordingly, the claims are considered novel and non-obvious over the prior art of record. The claims are also found to be directed to patent-eligible subject matter under 35 U.S.C. §101 in view of the amendments and supporting specification. Therefore, the claims are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELAL A ALGAHAIM whose telephone number is (571)270-5227. The examiner can normally be reached 9-5.
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/HELAL A ALGAHAIM/SPE , Art Unit 3645
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