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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The section 112(b) rejection is overcome.
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 therefore, subject to the conditions and requirements of this title.
The section 101 rejections are overcome.
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 1-3, 6, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Tang reference.
7. Regarding claim 1, the Tang reference discloses:
a control system of a vehicle [Paragraph 0026—the control system of the invention], the control system comprising:
a wheel assembly including a tire operably coupled to the vehicle (FIG. 1);
a sensor suite operably coupled to the wheel assembly [Paragraphs 0036-0039]; and
a controller (407) configured to receive first data from the sensor suite [Paragraph 0036],
wherein the controller (407) is configured to run a stability control process to monitor wheel slip of the wheel assembly [Paragraph 0036], the stability control process further comprising:
determining and classifying a vehicle stability state based on the first data [Paragraph 0031—icy road conditions];
adjusting a vehicle traction parameter to increase vehicle stability responsive to the
controller classifying the vehicle stability state as a first state in which a likelihood of wheel slip
occurrence is increased [Paragraph 0031—increase torque to the front wheel(s)]; and
ceasing adjusting the vehicle traction parameter responsive to the first data indicating an
exit parameter to the stability control process [Paragraph 0031—implicit in explicit disclosure of icy conditions—eventually those icy conditions would stop and there would be an exit parameter to indicate the need to return to normal operation],
wherein the exit parameter indicates that further adjusting of the vehicle traction parameter has a reduced influence on the likelihood of wheel slip occurrence [Paragraph 0031—implicitly disclosed in explicit disclosure of increase torque to front wheels, obviously, torque would not be increased indefinitely that would not help reduce wheel slip].
wherein the stability control process further comprises receiving additional data from the sensor suite [Paragraphs 0036-0039], and
wherein responsive to receiving the additional data from the first sensor suite, the controller is configured to modify the adjusting of the vehicle traction parameter based on the additional data from a standard adjustment based on the additional data
from a standard classification [Paragraph 0031—entering into a turn].
The Tang reference discloses the invention as essentially claimed. However, the Tang reference fails to disclose the additional data is tire pressure. The examiner takes Official Notice that it is well known to measure the tire pressure of a tire using a tire pressure sensor for the purpose of traction stability control. For example, please see CN 1662407A second to last paragraph under MODE OF INVENTION for at least one example.
8. Regarding claim 2, the Tang reference fails to disclose:
wherein the first data includes coefficient of friction of a driving surface, wheel speed, and yaw lag time. The examiner takes Official Notice that it is well known in the art of traction control systems to provide this type of data for the purpose of providing traction control. See, for example, [Paragraph 0036] of US Publication No. 2019/0299997 for one example.
9. Regarding claim 3, the Tang reference fails to disclose:
wherein the exit parameter includes the coefficient of friction of the driving surface being below a friction threshold. This is an example of a known technique (using the coefficient of friction as a parameter in a process) to improve similar devices (traction control systems) in the same way (by using a threshold to determine if some action should be taken).
10. Regarding claim 6, the Tang reference fails to disclose:
wherein responsive to the tire pressure being below a tire pressure threshold, the modifying of the adjusting of the vehicle traction parameter includes reducing a rate of application of driving or retarding torque applied to the wheel assembly compared to the standard adjustment. The examiner takes Official Notice that it is well known in the art of sensing tire pressure and applying a torque for the purpose of stabilizing a vehicle. For example, please see CN 1662407A second to last paragraph under MODE OF INVENTION
for at least one example which implicitly discloses applying torque by the explicit disclosure of maintain vehicle stability.
11. Regarding claim 14, the Tang reference further discloses:
wherein the wheel assembly includes two or more tires operably coupled to an axle of the vehicle (FIG. 1).
12. Regarding claim 15, the Tang reference further discloses:
a method for a stability control process to monitor wheel slip of a wheel assembly of a vehicle [Paragraph 0036], the method comprising:
determining and classifying a vehicle stability state [Paragraph 0031] based on first data from a sensor suite operably coupled to the wheel assembly [Paragraph 0036];
adjusting a vehicle traction parameter to increase vehicle stability responsive to
classifying the vehicle stability state as a first state in which a likelihood of wheel slip occurrence
is increased [Paragraph 0031—increase torque to the front wheel(s)]; and
ceasing adjusting the vehicle traction parameter responsive to the first data indicating an
exit parameter to the stability control process [Paragraph 0031—implicit in explicit disclosure of icy conditions—eventually those icy conditions would stop and there would be an exit parameter to indicate the need to return to normal operation],
wherein the exit parameter indicates that further adjusting of the vehicle traction parameter has a reduced influence on the likelihood of wheel slip occurrence, [Paragraph 0031—implicitly disclosed in explicit disclosure of increase torque to front wheels, obviously, torque would not be increased indefinitely that would not help reduce wheel slip]
wherein the stability control process further comprises receiving tire pressure from the sensor suite, and wherein responsive to receiving the tire pressure from the sensor suite, the method further includes modifying the classifying of the vehicle stability state based on the tire pressure from a standard classification without utilizing tire pressure.
13. Regarding claim 16, the Tang reference fails to disclose:
wherein the first data includes coefficient of friction of a driving surface, wheel speed, and yaw lag time. The examiner takes Official Notice that it is well known in the art of traction control systems to provide this type of data for the purpose of providing traction control. See, for example, [Paragraph 0036] of US Publication No. 2019/0299997 for one example.
14. Regarding claim 17, the Tang reference fails to disclose:
wherein the exit parameter includes the coefficient of friction of the driving surface being below a friction threshold. This is an example of a known technique (using the coefficient of friction as a parameter in a process) to improve similar devices (traction control systems) in the same way (by using a threshold to determine if some action should be taken).
15. Claim(s) 7, 9-13, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Tang reference in view of the Gaither reference (US Patent Application No. 2019/0135262).
16. Regarding claim 7, the Tang reference fails to disclose:
wherein responsive to the tire pressure being below a tire pressure threshold, the modifying of the adjusting of the vehicle traction parameter includes adjusting yaw lag time by changing cornering compliance parameters based on the tire pressure compared to the standard adjustment.
The Gaither reference teaches it is conventional in the art of stability systems to provide as taught in [Paragraph 0009] wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold [Paragraph 0009], the modifying of the adjusting of the vehicle traction parameter includes adjusting yaw lag time by changing cornering compliance parameters based on the additional data compared to the standard adjustment [Paragraph 0005—plurality of sensors includes tire pressure and yaw rate (lag) is changed by
hard cornering]. Such configurations/structures would allow automatic diverting of torque to the rear wheels [Paragraph 0005].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the reference, such that the system further includes wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold, the modifying of the adjusting of the vehicle traction parameter includes adjusting yaw lag time by changing cornering compliance parameters based on the additional data compared to the standard adjustment, as clearly suggested and taught by the Gaither reference, in order to allow automatic diverting of torque to the rear wheels [Paragraph 0005].
17. Regarding claim 9, the Tang reference fails to disclose:
wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold, the modifying of the adjustment of the vehicle traction parameter includes increasing sensitivity of triggering the exit parameter compared to the standard adjustment.
The Gaither reference teaches it is conventional in the art of stability systems to provide as taught in [Paragraph 0009] wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold [Paragraph 0009], the modifying of the adjusting of the vehicle traction parameter includes increasing sensitivity of triggering the exit parameter compared to the standard adjustment [Paragraph 0005—plurality of sensors includes tire pressure and determining conditions such as wheel slippage would require increased sensitivity of triggering the exit parameter]. Such configurations/structures would allow automatic diverting of torque to the rear wheels [Paragraph 0005].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the reference, such that the system further includes wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold, the modifying of the adjustment of the vehicle traction parameter includes increasing sensitivity of triggering the exit parameter compared to the standard adjustment, as
clearly suggested and taught by the Gaither reference, in order to allow automatic diverting of torque to the rear wheels [Paragraph 0005].
18. Regarding claim 10, the Tang reference fails to disclose:
wherein increasing sensitivity of triggering the exit parameter includes modifying respective thresholds of each one of multiple different instances of the exit parameters. This is an example of using a known technique (modifying thresholds) to improve similar products (exit parameters) in the same way (it is well known that different thresholds can be used to improve control systems).
19. Regarding claim 11, the Tang reference fails to disclose:
wherein responsive to the tire pressure being below a tire pressure threshold, modifying the classifying of the vehicle stability state includes narrowing stability thresholds that the classifying of the vehicle stability state is based on compared to the standard classification.
The Gaither reference teaches it is conventional in the art of stability systems to provide as taught in [Paragraph 0009] wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold [Paragraph 0009], modifying the classifying of the vehicle stability state includes narrowing stability thresholds that the classifying of the vehicle stability state is based on compared to the standard classification [Paragraph 0005—plurality of sensors includes tire pressure and this just an example of using a known technique narrowing stability thresholds to improve similar products (exit parameters) in the same way (it is well known that adjusting stability thresholds that determine how a vehicle stability state is classified, indeed they must because if one state is hard acceleration then ability to accelerate and its degree would be affect by tire pressure and a person of ordinary skill it the art would recognize this)]. Such configurations/structures would allow automatic diverting of torque to the rear wheels [Paragraph 0005].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the reference, such that the system further includes wherein responsive indicating the tire pressure is below a tire pressure threshold, modifying the classifying of the vehicle stability state includes narrowing stability thresholds that the classifying of the vehicle stability state is based on compared to the standard classification, as clearly suggested and taught by the Gaither reference, in order to allow automatic diverting of torque to the rear wheels [Paragraph 0005].
20. Regarding claim 12, the Tang reference fails to disclose:
wherein the stability thresholds include yaw rate error, lateral slip targets, or longitudinal slip targets. The examiner takes Official Notice that it is well known in the art of traction control to use this type of data for the purpose of achieving stability. Please see US Patent Publication No. 2012/0053806 Paragraph 0010 for one example.
21. Regarding claim 13, the Tang reference fails to disclose:
wherein narrowing the stability thresholds is based on whether the vehicle is in an on-road mode or an off-road mode. This would be obvious to try. The vehicle can only have two different modes with respect to the road: on-road or off-road. Therefore, there is a finite, identifiable and predictable number of solutions, namely, two which would have a reasonable expectation of success since off road and on road modes are well known in the art. Accordingly, one of ordinary skill in the art by the effective filing date of the claimed invention would recognize that adjusting the thresholds would be obvious to try.
22. Regarding claim 20, the Tang reference fails to disclose:
wherein responsive to the tire pressure indicating being is below a tire pressure threshold, the modifying of the adjusting of the vehicle traction parameter includes reducing a rate of change of propulsive and retarding torque applied to the wheel assembly compared to the standard adjustment.
The Gaither reference teaches it is conventional in the art of stability systems to provide as taught in [Paragraph 0009] wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold [Paragraph 0009], the modifying of the adjusting of the vehicle traction parameter includes reducing a rate of change of propulsive and retarding torque applied to the wheel assembly compared to the standard adjustment [Paragraph 0031]. Such configurations/structures would allow the torque to the front wheels to increase [Paragraph 0031].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the Tang reference, the system further includes wherein responsive to the additional data indicating the tire pressure is below a tire pressure threshold, the modifying of the adjusting of the vehicle traction parameter includes reducing a rate of change of propulsive and retarding torque applied to the wheel assembly compared to the standard adjustment, as clearly suggested and taught by the Gaither reference, in order to allow automatic diverting of torque to the front wheels [Paragraph 0031].
Allowable Subject Matter
Claim 21 is allowed.
Claim 8 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicants’ arguments filed July 29, 2026 have been fully considered but they are not persuasive. Primarily, the Applicant’s disagreement with the applied references is the use of Official Notice and the Applicant provides four reasons why it believe such application is improper. Furthermore, the Applicant disputes the applicability of the Gaither reference. Each of these arguments put forth by the Applicant will be discussed in turn.
First, the Applicant states the Office attempted to make a legal conclusion with its statement of Official Notice. Tire pressure is measured by tire pressure sensors and one of the uses of tire pressure measurement is traction stability control. This is notorious in the field of traction stability control. If a tire is completely deflated it is going to have a different effect on traction stability than if it is at standard pressure. The Office respectfully traverses this argument.
Second, the Official Notice does “fill the gaps” just as the Applicant says is its appropriate use. The entire rejection was based on a different reference and the gap of additional data [Wingdings font/0xE0] tire pressure is filled with a notorious factor in traction control. The Office respectfully traverses this argument.
Third, the Official Notice is capable of instant and unquestionable demonstration. We are discussing tire pressure for a traction control system here. Everything else was disclosed by the other reference except the modification of additional data to tire pressure which, in a traction control system, would instantly come to the mind of an ordinary person of skill in the art of an important parameter in the design. The Office respectfully traverses this argument.
Finally, the final paragraph of argument shines the light on the deficiency in the Applicant’s arguments. Everything has been shown by the primary reference in claim 1 and claim 4. Whether or not the ‘407A reference or the Gaither reference discloses all the stuff the Applicant thinks it needs to disclose is missing the point. Official Notice was taken for claim 5. Claim 5 says “wherein the sensor suite includes a tire pressure sensor, wherein the additional data includes tire pressure.” Any person of ordinary skill in the art in this field of traction control would notoriously, instantly, and unquestionably recognize that in that field tire pressure would be extremely and overwhelmingly important and you absolutely would need a sensor to get the information. All claims finally rejected.
Conclusion
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 CHARLES J BRAUCH whose telephone number is (313)446-6511. The examiner can normally be reached Monday-Friday 9:00 AM to 6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay Low can be reached at (571) 272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES JOSEPH BRAUCH/
Examiner
Art Unit 3747
/LONG T TRAN/Primary Examiner, Art Unit 3747
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