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 .
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.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because The drawings comprise box flow charts with only numbers and no word descriptions, or labels, hindering the clarity of the drawings. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a mental process which the human mind can perform an observation, evaluation and judgement. This judicial exception is not integrated into a practical application because the claims are directed to mental processes without any significantly more. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because a human can organize and perform the mental process. Below is the analysis.
Claim 1 recites, “A method for tire change adaption of a vehicle having tires, the method comprising: detecting a change in tire friction for a plurality of the tires by monitoring one or more tire parameters; registering a point in time associated with the occurrence of the detected change in tire friction and performing a calendar query pertaining to the registered point in time; determining a tire friction difference value pertaining to the detected change of tire friction; and upon the tire friction difference value being above a threshold value and the registered point in time being associated with, as determined by the calendar query, a calendar event, wherein the calendar event pertains to a date or time period for summer or winter tire changeover; communicating with a vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction.”
Step 2A Prong One: the claim is an abstract idea of nature or natural phenomenon because of the recited steps of the method , “detecting a change in tire friction for a plurality of the tires by monitoring one or more tire parameters; registering a point in time associated with the occurrence of the detected change in tire friction and performing a calendar query pertaining to the registered point in time; determining a tire friction difference value pertaining to the detected change of tire friction; and upon the tire friction difference value being above a threshold value and the registered point in time being associated with, as determined by the calendar query, a calendar event, wherein the calendar event pertains to a date or time period for summer or winter tire changeover; communicating with a vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction”, are simply steps of monitoring parameters of a tire(s), registering/acknowledging a time associated with the occurrence of the detected change in tire friction and conducting a query/search from a calendar pertaining to the registered time, and further determine a tire friction difference value structural elements assembled for the purpose of the makeup of a positioning device. pertaining to the detected change of tire friction; and upon the tire friction difference value being above a threshold value and the registered point in time being associated with, as determined by the calendar query, a calendar event, wherein the calendar event pertains to a date or time period for summer or winter tire changeover; communicating with a vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction.
The method steps failed to include any technological structure(s) or component(s) that conduct the inventive entity nor any technological integration to elaborate the implementation of the invention. Thereby leaving the current steps of the claim language being one of natural phenomena, by yielding the steps of the invention to be possibly conducted in the human mind.
Step 2A Prong Two: the claimed invention remains an abstract idea because The “non-abstract” idea limitations do not tie the abstract idea to anything substantially, i.e. communicating with a vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction, fail to include any technological steps of updating the tire friction values based on the detected change of tire friction. Without any structural or technological innovation/integration, the steps may be conducted by the human mind.
Claim 2 recites “wherein the detecting of a change in tire friction for a plurality of the tires pertains to all driving wheels of the vehicle or for all the tires of the vehicle”. Here, simply including more tires of the vehicle does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 3 recites “wherein the point in time comprises data pertaining to a day of the year.” Here, simply specifying the point in time comprises data pertaining to a day of the year, does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 4 recites “wherein the point in time comprises data pertaining to a time of the day.” Here, simply specifying the point in time comprises data pertaining to a time of the day, does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 5 recites “wherein the calendar event comprises data pertaining to a scheduled tire change.” Here, simply stating the calendar event comprises data pertaining to a scheduled tire change, does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 6 recites “wherein the method further comprises determining a geolocation of the vehicle and wherein the calendar query comprises associating the calendar event based on the geolocation such that the date or time period for summer or winter tire changeover is determined based on the geolocation.” Here, determining the calendar query event in conjunction with a geolocation, does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 7 recites “wherein the one or more tire parameters is one or more of a tire radius, a tire pressure, a tire strain value, and a tire temperature.” Here, specifying the one or more tire parameters is one or more of a tire radius, a tire pressure, a tire strain value, and a tire temperature., does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 8 recites “wherein the determining if the detecting of a change in tire friction for a plurality of the tires comprises detecting a first tire friction value at a first point in time and detecting a second tire friction value at a second point in time, the second point in time being after the first point in time, wherein the method further comprises monitoring the ignition status of the vehicle and determining if a change in ignition status has occurred in between the first and the second point in time.” Here, by adding more specific observatory steps without including any technological elements that perform these steps., does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 9 recites “further comprising predicting a vehicle range for the vehicle using the updated tire friction values.” By adding predictive/calculation steps, sans any technological elements that further perform these steps, fails to add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 10 recites “further comprising sending the updated tire friction values to a charge planner for the vehicle such that the charge planning for the vehicle comprises data pertaining to an updated vehicle range.” By adding predictive/calculation and updating steps, sans any technological elements that further perform these steps, fails to add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 11 recites “wherein the charge planner is configured to adjust target State-Of-Energy, SoE, based on the updated vehicle range.” By adding predictive/calculation and updating steps, sans any technological elements that further perform these steps, fails to add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 12 recites, “A system for tire change adaption of a vehicle having tires, the system comprising: a vehicle range estimator; a sensor configured to detect a change in tire friction for a plurality of the tires by monitoring one or more tire parameters; a control unit in communication with the sensor and the vehicle range estimator; a memory comprising data pertaining to a calendar; wherein the control unit is configured to: register a point in time associated with the occurrence of the detected change in tire friction as detected by the sensor; performing a calendar query to the calendar, the calendar query pertaining to the registered point in time; determining a tire friction difference value pertaining to the detected change of tire friction; and upon the tire friction difference value being above a threshold value and the registered point in time being associated with, as determined by the calendar query, a calendar event, the calendar event pertaining to a date or time period for summer or winter tire changeover; communicating with the vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction.”
Step 2A Prong One: the claim is an abstract idea of nature or natural phenomenon because of the recited steps of the system, “a sensor configured to detect a change in tire friction for a plurality of the tires by monitoring one or more tire parameters; a control unit in communication with the sensor and the vehicle range estimator; a memory comprising data pertaining to a calendar; wherein the control unit is configured to: register a point in time associated with the occurrence of the detected change in tire friction as detected by the sensor; performing a calendar query to the calendar, the calendar query pertaining to the registered point in time; determining a tire friction difference value pertaining to the detected change of tire friction; and upon the tire friction difference value being above a threshold value and the registered point in time being associated with, as determined by the calendar query, a calendar event, the calendar event pertaining to a date or time period for summer or winter tire changeover; communicating with the vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction”, simply uses generic sensors and generic place holders such as control unit(s), vehicle range estimator(s) that of monitoring parameters of a tire(s), registering/acknowledging a time associated with the occurrence of the detected change in tire friction. This recitation, is essentially gathering of data. The steps of conducting a query/search from a calendar pertaining to the registered time, and further determine a tire friction difference value, lacks any technological or structural elements that are integrated to performing the steps of pertaining to the detected change of tire friction; and upon the tire friction difference value being above a threshold value and the registered point in time being associated with, as determined by the calendar query, a calendar event, wherein the calendar event pertains to a date or time period for summer or winter tire changeover; communicating with a vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction. This thereby enables the said steps to be performed by natural phenomena, by way of the human mind
The system’s steps failed to include any technological structure(s) or component(s) and how the said components conduct the inventive entity nor any technological integration to elaborate the implementation of the invention. Thereby leaving the current steps of the claim language being one of natural phenomena, by yielding the steps of the invention to be possibly conducted in the human mind.
Step 2A Prong Two: the claimed invention remains an abstract idea because The “non-abstract” idea limitations do not tie the abstract idea to anything substantially, i.e. a sensor configured to detect a change in tire friction for a plurality of the tires by monitoring one or more tire parameters; a control unit in communication with the sensor and the vehicle range estimator; a memory comprising data pertaining to a calendar; wherein the control unit is configured to: register a point in time associated with the occurrence of the detected change in tire friction as detected by the sensor. The generic sensors and generic placeholders such as control unit(s), vehicle range estimator(s) simply gather data such as that of monitoring parameters of a tire(s), registering/acknowledging a time associated with the occurrence of the detected change in tire friction. The invention still lacks accounting for how any technological structure(s) or component(s) are implemented of configured to performing a calendar query to the calendar, the calendar query pertaining to the registered point in time; determining a tire friction difference value pertaining to the detected change of tire friction; and upon the tire friction difference value being above a threshold value and the registered point in time being associated with, as determined by the calendar query, a calendar event, the calendar event pertaining to a date or time period for summer or winter tire changeover; communicating with the vehicle range estimator comprising tire friction values and updating the tire friction values based on the detected change of tire friction. Without any further elaboration on how the said components conduct the inventive entity, the steps may be conducted by the human mind/natural phenomena.
Claim 13 recites “a charge planner and wherein the control unit is configured to send the updated tire friction values to the charge planner for the vehicle such that an updated vehicle range form part of the charge planning.” Here, simply including additional steps does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 14 recites “A vehicle comprising the system according to claim 12.” Here, simply including a vehicle that comprises the inventive entity does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Claim 15 recites “The vehicle of claim 14, wherein the vehicle is an electric or a hybrid vehicle.” Here, simply including an electric or a hybrid vehicle that comprises the inventive entity does not add anything significantly more, or remedy the steps of the said invention being done in the human mind.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D AFRIFA-KYEI whose telephone number is (571)270-7826. The examiner can normally be reached Monday-Friday 10am-7pm.
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/ANTHONY D AFRIFA-KYEI/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686
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