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 § 102
(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.
Claims 1, 2, 10, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe (US 6,109,239 A).
Regarding claim 1, Watanabe teaches a vehicle drive power control apparatus, comprising: a first control unit (2), a second control unit (3) (see Fig. 1), detection mean (6) is comprises of a position sensor that includes a first throttle opening detection means (TPS1) (61), and a second throttle opening detection means (TPS2) (62), wherein the position sensor is connected to the first control unit (2) through the (TPS1) (61), and is connected to the second control unit (3) through the (TPS2) (62) (see Fig. 3; column 7, lines 32-43).
Regarding claims 2, and 10, Watanabe teaches a first position signal circuit, a first ground signal circuit, one end of the first position signal circuit connected to the position sensor, and the other end is connected to a first signal collection end of the first electronic control unit, and one end of the first ground signal circuit is connected to the position sensor and the other end is connected to a first ground end of the first electronic control unit (see Fig. 1, and Fig. 3).
Regarding claim 15, Watanabe teaches that the vehicle drive power control apparatus comprises: two position sensors (see Fig. 1; throttle opening detection means 5, and 6); two first signal transmission circuits; and two second signal transmission circuits (see Fig. 1; the connections from the opening detection means to both first control unit and the second control unit), wherein the two position sensors are connected to the first electronic control unit through the two first signal transmission circuits respectively.
Regarding claim 16, Watanabe teaches that the throttle opening detecting means (6), the first connection, and the second connection are integrated on the same body (see column 5, lines 36-43).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 17-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Watanabe (US 6,109,239 A).
Watanabe discloses a vehicle drive power control apparatus in which a communication mean of a second control unit performs information communication between a first control unit and the second control unit, and a communication failure decision means decides a failure of the communication means, and the system switches to a backup method to continue operating safely using redundant sensors (see column 2, lines 18-45;
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle drive power control apparatus as taught by Watanabe to arrive at the claimed invention. A person of ordinary skill, ordinary creativity would have been motivated to do so, with a reasonable expectation of success, for the purpose of cross-checking so that preventing a single sensor error from causing dangerous, un-commanded throttle movements.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant disclosure. The following patent documents are cited in the PTO-892 to further show the state of the art in general: US-20220332331-A1, US-6899080-B2, US-6047679-A, US-20140163792-A1, and NPL.
Allowable Subject Matter
The U.S. patent No. 6,109,239 A by Watanabe is the most relevant prior art of record. However, Watanabe fails to disclose or even suggest the limitations recited in claims 3, and 11.
Claims 3-9, and 11-14 are 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.
Conclusions
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan C To whose telephone number is (571) 272-6985. The examiner can normally be reached on from 6:00AM to 2:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ramya P Burgess, can be reached on (571) 272-6011.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN C TO/Primary Examiner, Art Unit 3661
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