DETAILED ACTION
The following is a first action on the merits of application serial no. 19/138941 filed June 13, 2025.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 6/13/25 has been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the implied phrase “disclosed is” should be deleted from line 8 and the legal phrase “means” should be deleted from line 9. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 6 and 10 are objected to because of the following informalities:
-Claim 6 currently depends from itself (claim 6).
-Claim 10 recites the limitation “wherein the control unit configured to control the clutch (2)”. The term “is” should be inserted between “unit” and “configured” to correct grammar.
Appropriate correction is required.
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function.
Such claim limitation(s) is/are:
-“determining a clutch temperature (function) by means of a neural network (structure) in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
This application includes one or more claim limitations that use the word “means,” and is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) also use 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:
-wherein an adaptation of the clutch is carried out (function) by means of a computing unit (generic placeholder) that carries out the method to claim 1 (function)” in claim 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.
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 Rejections - 35 USC § 101
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention lacks patentable utility. The claims do seem to close the loop between collecting information, doing some calculations, and then actually improving the clutch. However, the phrases and terms “for adapting”, “adapting”, “adapt” and “adaptation” seem to be outside of the claim scope and can be interpreted as “intended use” which causes the claim itself to be interpreted as an abstract idea. Further, is the "outputting the parameter to the clutch" step actually adapting the clutch or is that adaptation outside the scope of the claim? If the broadest reasonable interpretation is just collecting that data, processing it, and then outputting it, then that abstract data analysis isn't then used in a practical application (for actually improving the clutch technology). The examiner suggest amending claims to positively recite steps of the clutch actually changing in response to the outputting of the parameters to overcome this rejection (in particular, claims 1 and 7-10).
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
-Claims 1 and 7-10 recite the terms “for adapting”, “adapting”, “adapt” and “adaptation”. Please clarify where in the written description it is made clear that the terms have a narrower meaning outside of just being an “optional”, “suggestive” or “intended use” type of limitation. See MPEP 2111.04.
-Claim 1 recites the limitations “determining (S5) whether the determined clutch temperature corresponds to a target temperature; determining that the determined clutch temperature corresponds to the target temperature” in lines 9-12. These limitations are exactly the same and it is unclear as to what is included or excluded by the second occurrence of the limitation, please amend accordingly.
-Claim 2 recites the limitation "for several of the determined clutch temperatures" in line 12. There is insufficient antecedent basis for this limitation in the claim due to not being recited (introduced) in claim 1.
-Claim 5 recites the limitation "a subset of the combinations of the received parameter values" in line 3-4. There is insufficient antecedent basis for this limitation in the claim due to not being recited (introduced) in claim 1.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2 and 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bosscher et al 20200318698 (Figures 100-104 and [0357]-[0371]). As to claim 1, Bosscher discloses a method for adapting a clutch (106) for a vehicle ([0002]), the method comprising: outputting (via 11006, 12022) a parameter to the clutch in order to operate the clutch using the parameter; receiving (via 11006, 12022 to 12020) an operating parameter which corresponds to the operation of the clutch; determining ([0365] describes that 12030 can be used to augment 11004, 11008 and 11010) a clutch temperature by means of a neural network configured to determine the clutch temperature on the basis of a learned relationship between the clutch temperature and the received operating parameter; determining whether the determined clutch temperature corresponds to a target temperature (12034, 12036); determining that the determined clutch temperature corresponds to the target temperature (12034, 12036); and outputting (via 11010 to 11014, [0366]) the parameter to the clutch in order to adapt the clutch using the parameter.
As to claim 2, wherein: outputting ([0359]) the parameter to the clutch comprises several combinations of parameters, and for at least some of the several combinations, the method includes receiving (via 11006, 12022) an operating parameter of a respective combination taking place; determining ([0369]) the clutch temperature in dependence on the respective received operating parameter takes place for the at least some received operating parameters; determining whether the determined clutch temperature corresponds to the target temperature (12034, 12036) is performed for several of the determined clutch temperatures ([0360] describes that more than one temperature can be output); and outputting ([0369]) for adapting the parameter to the clutch is performed for one of several combinations of parameters whose respective determined clutch temperature corresponds to the target temperature.
As to claim 4, comprising: receiving ([0370]) a parameter with a set of possible associated parameter values; selecting a subset of the received parameter values (A, B, C or Z); outputting the parameters (11010 to 11014) to the clutch depending on the selection of the subset of the received parameter values.
As to claim 5, comprising: selecting a subset of the combinations of the received parameter values; and wherein the outputting ([0370], A, B, C or Z) of the parameters to the clutch is made depending on the selection of the subset of the combinations of the received parameter values.
As to claim 6, wherein at least one of selecting the subset of received parameter values and selecting the subset of combinations of parameters is performed by a user ([0370] describe A, B, C or Z as suggestions to a user to mitigate the existence or projected occurrence of a clutch temperature exceeding a threshold).
As to claim 7, comprising outputting the parameter comprises adapting an initial adaptation of the clutch ([0358] lines 10-11 describe that at least 11004 is configured prior to clutch build).
As to claim 8, wherein outputting the parameter to the clutch for adapting the initial adaptation takes place for ongoing adaptation of the clutch (this would be obvious due to [0358] lines 10-11 describing that at least 11004 is configured prior to clutch build).
As to claim 9, Bosscher discloses a computing unit ([0365], [0441]-[0457]) having machine-executable code comprising instructions that, when executed, carry out steps of the method for adapting the clutch for a vehicle according to claim 1.
As to claim 10, Bosscher discloses a vehicle ([0002]) with a clutch (106), wherein the clutch has a control unit and a storage medium ([0365], [0441]-[0457]), wherein the control unit configured to control the clutch, and wherein an adaptation of the clutch is carried out by means of a computing unit ([0365], [0441]-[0457]) that carries out the method according to claim 1, and the parameter for adapting the clutch is output to the storage medium.
Allowable Subject Matter
Claim 3 is currently not rejected via prior art purposes; however, a reasons for allowance will not be indicated at this time based on the 101 and 112(b) rejections, especially pertaining to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-KR 101576836 discloses a clutch control wherein if the clutch temperature is predicted to exceed a temperature range, the clutch is operated to avoid to the range via predefined clutch parameters (abstract).
-Pan et al 20190195292 discloses a clutch control having a clutch temperature determined via neural network and controls operation of clutch if temperature exceeds or is at a critical temperature (Figure 7).
-Birk et al 20250334156 discloses a clutch control having a clutch temperature determined via neural network and shows that it is well known in the art to output (BS1) a parameter to the clutch in order to operate the clutch using the parameter; receive (BS2, BS3) an operating parameter which corresponds to the operation of the clutch and determine (BS4) a clutch temperature by means of a neural network configured to determine the clutch temperature on the basis of a learned relationship between the clutch temperature and the received operating parameter. However, Birk lacks determining whether the determined clutch temperature corresponds to a target temperature; and outputting the parameter to the clutch in order to adapt the clutch using the parameter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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, Anna M Momper can be reached at 571-270-5788. 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.
Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 June 13, 2026
Prosecution Insights