DETAILED ACTION
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.
Claims 1-4 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seidl (DE 10 2018 132 573 A1) – Original with figures supplied by Applicant on 11 March 2025 and Machine Translation of the specification provided by Examiner and attached to this Office Action.
In regard to claim 1, Seidl discloses a controller that controls a straddle-type vehicle (see Paragraph 0011: “an evaluation and control unit of the single-track motor vehicle”, also see Fig 1), the controller comprising:
a computer (control unit 5, see Fig 2 and Paragraph 0025) configured to acquire drive source information (Paragraph 0025: “The evaluation and control unit 5 of the safety system 200 is further equipped to receive and evaluate signals from a speed sensor 12 and a gear sensor 13.”) as information on a drive source of the straddle-type vehicle (Paragraph 0027: “the speed of the single-track motor vehicle detected by the speed sensor 12 is 0 (“zero”) and the transmission sensor 13 detects that the single-track motor vehicle is being shifted into neutral”, the transmission considered to be a “drive source” as broadly claimed), and
execute drive wheel locking to lock a drive wheel of the straddle-type vehicle by braking the drive wheel not on the basis of an operation by a rider (Paragraph 0001: “automatic activation of a parking brake”) of the straddle-type vehicle (Paragraph 0027 (emphasis added): “Activating a parking brake 1 of the single-track motor vehicle 100, so that a rotation of one wheel of the single-track motor vehicle is blocked when the tilt sensor 2 detects an inclination about the transverse axis Y, for example a predefined minimum inclination, and the speed of the single-track motor vehicle detected by the speed sensor 12 is 0 (“zero”) and the transmission sensor 13 detects that the single-track motor vehicle is being shifted into neutral.”), wherein
the computer initiates the drive wheel locking in the case where the drive source information is information indicating that the drive source is stopped (Paragraph 0027: “the single-track motor vehicle is being shifted into neutral”).
In regard to claim 2, Seidl discloses the controller of claim 1, wherein the computer initiates the drive wheel locking on the basis of, in addition to the drive source information, information on a vehicle speed of the straddle-type vehicle (Paragraph 0027 (emphasis added): “Activating a parking brake 1 of the single-track motor vehicle 100, so that a rotation of one wheel of the single-track motor vehicle is blocked when the tilt sensor 2 detects an inclination about the transverse axis Y, for example a predefined minimum inclination, and the speed of the single-track motor vehicle detected by the speed sensor 12 is 0 (“zero”) and the transmission sensor 13 detects that the single-track motor vehicle is being shifted into neutral.”).
In regard to claim 3, Seidl discloses the controller of claim 1, wherein the computer initiates the drive wheel locking on the basis of, in addition to the drive source information, information on a kickstand (the kickstand not being engaged) of the straddle-type vehicle (Paragraph 0030: “The parking brake is automatically released when the engine of the single-track motor vehicle is started or is started, and furthermore, a stand of the single-track motor vehicle, such as a kickstand, is engaged.”).
In regard to claim 4, Seidl discloses the controller of claim 1, wherein computer initiates the drive wheel locking on the basis of, in addition to the drive source information, information on a gradient of a road surface (Paragraph 0027 (emphasis added): “Activating a parking brake 1 of the single-track motor vehicle 100, so that a rotation of one wheel of the single-track motor vehicle is blocked when the tilt sensor 2 detects an inclination about the transverse axis Y, for example a predefined minimum inclination, and the speed of the single-track motor vehicle detected by the speed sensor 12 is 0 (“zero”) and the transmission sensor 13 detects that the single-track motor vehicle is being shifted into neutral.”).
In regard to claim 6, Seidl discloses the controller of claim 1, wherein the computer cancels the drive wheel locking on the basis of the drive source information (Paragraph 0030: “The parking brake is automatically released when the engine of the single-track motor vehicle is started or is started”; the “drive source information” considered to further include engine status in addition to transmission information).
In regard to claim 7, Seidl discloses the controller of claim 1, wherein the computer cancels the drive wheel locking on the basis of information on a brake operation by the rider of the straddle-type vehicle (Paragraph 0030: “The parking brake is automatically released when the engine of the single-track motor vehicle is started or is started, and furthermore, a stand of the single-track motor vehicle, such as a kickstand, is engaged.”; as staring the vehicle releases the parking brake, it is considered to be a “brake operation” as very broadly claimed).
In regard to claim 8, Seidl discloses the controller of claim 1, wherein the computer cancels the drive wheel locking on the basis of information on a kickstand of the straddle-type vehicle (Paragraph 0030: “The parking brake is automatically released when the engine of the single-track motor vehicle is started or is started, and furthermore, a stand of the single-track motor vehicle, such as a kickstand, is engaged.”).
In regard to claim 9, Seidl discloses the controller of claim 1, wherein the drive source information includes information on a switch to start the drive source (Paragraph 0031: “Furthermore, the parking brake 1 will only be released automatically if a signal from a transmitter unit of a keyless access and/or ride authorization control system (“Keyless Ride Signal”) is also present.”; as the authorization control system functions to switch on the vehicle, it is considered to be a “switch” as broadly claimed).
In regard to claim 10, Seidl discloses the controller of claim 1, wherein the straddle-type vehicle includes a gear shift mechanism (transmission) that cannot lock (being in neutral) the drive wheel when the drive source is stopped (see Paragraph 0007: “i.e. in particular that the motor vehicle is stationary and not in motion, and the single-track motor vehicle is switched to neutral, for example so that none of the gear wheels are connected to the drive shaft or the power transmission is interrupted”).
In regard to claim 11, Seidl discloses a control method for controlling a straddle-type vehicle (see Paragraph 0001: “A method for the automatic activation of a parking brake on a single-track motor vehicle is described.”, also see Fig 1), the control method comprising:
acquiring drive source information via a computer (Paragraph 0025: “The evaluation and control unit 5 of the safety system 200 is further equipped to receive and evaluate signals from a speed sensor 12 and a gear sensor 13.”), the drive source information being information on a drive source of the straddle-type vehicle (Paragraph 0027: “the speed of the single-track motor vehicle detected by the speed sensor 12 is 0 (“zero”) and the transmission sensor 13 detects that the single-track motor vehicle is being shifted into neutral”, the transmission considered to be a “drive source” as broadly claimed), and further comprising:
executing drive wheel locking via the computer, in the drive wheel locking, a drive wheel of the straddle-type vehicle is braked and is thereby locked not on the basis of an operation by a rider (Paragraph 0001: “automatic activation of a parking brake”) of the straddle-type vehicle (Paragraph 0027 (emphasis added): “Activating a parking brake 1 of the single-track motor vehicle 100, so that a rotation of one wheel of the single-track motor vehicle is blocked when the tilt sensor 2 detects an inclination about the transverse axis Y, for example a predefined minimum inclination, and the speed of the single-track motor vehicle detected by the speed sensor 12 is 0 (“zero”) and the transmission sensor 13 detects that the single-track motor vehicle is being shifted into neutral.”), wherein
the execution section computer initiates the drive wheel locking in the case where the drive source information is information indicating that the drive source is stopped (Paragraph 0027: “the single-track motor vehicle is being shifted into neutral”).
Allowable Subject Matter
Claim 5 is 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.
In regard to claim 5, Examiner notes the following limitation: “wherein the computer varies a braking force generated on the drive wheel in the drive wheel locking on the basis of information on a gradient of a road surface”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB M AMICK whose telephone number is (571)272-5790. The examiner can normally be reached Core Hours 10-6 M-F (First Fridays Off).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JACOB M AMICK/Primary Examiner, Art Unit 3747
Prosecution Insights