DETAILED ACTION
The following is a first action on the merits of application serial no. 19/248694 filed 6/25/2025.
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 .
Information Disclosure Statement
The information disclosure statement filed 6/25/25 has been considered.
Claim Objections
Claims 2 and 13 are objected to because of the following informalities:
-the term “to” between the terms “vehicle” and “without” should be deleted in last line of claims 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 do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses 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:
“the electronic control system (generic placeholder) being configured to: determine, prior to reaching a downhill route segment, a pre-downhill target vehicle speed, a pre-downhill target transmission gear for the vehicle, and a downhill vehicle speed limit…… (function) claim 1.
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 § 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) 1-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ravella et al 20230311881. As to claim 1. Ravella discloses a vehicle system, comprising: a powertrain including a prime mover and a transmission coupled to the prime mover ([0020], line 3); one or more ground engaging wheels coupled to the transmission and capable of being driven by the prime mover through the transmission ([0020], line 4); foundation brakes actuatable to slow the one or more ground engaging wheels (abstract, line 10); and an electronic control system (112) in operative communication with the prime mover, the transmission, and the foundation brakes, the electronic control system being configured to: determine, prior to reaching a downhill route segment, a pre-downhill target vehicle speed, a pre-downhill target transmission gear for the vehicle, and a downhill vehicle speed limit (110A; [0026]; Tables 1A, 1A, via speed setting, gear setting in which the speed setting provides speed limits, i.e, 25mph, 40mph), control the vehicle to achieve the pre-downhill target vehicle speed and the pre- downhill target transmission gear for the vehicle prior to or upon reaching the downhill route segment ([0026], lines 15-33), and control the vehicle during the downhill route segment not to exceed the downhill vehicle speed limit ([0016], lines 1-8 and [0026], lines 15-33).
Note: the use of the phrases “at least one of” and “to one of” indicates that the limitations following the phrases doesn’t need to be met entirely and the recitations are in the form of “alternative” embodiments.
As to claim 2, wherein the electronic control system is configured to: prior to the downhill route segment, first control one or more components of the powertrain to provide at least one of controlling speed of the vehicle and maintaining speed of the vehicle to without applying the foundation brakes ([0017] via gear usage plan or retarder usage).
As to claim 3, wherein the powertrain includes an engine and the maintaining speed of the vehicle comprises fueling the engine to maintain speed of the vehicle ([0021], lines 12-15; claim 7 via maximum engine rpm and range of engine rpm).
As to claim 4, wherein the electronic control system is configured to, prior to the downhill route segment, in response to a determination that the first control is not effective to achieve the pre-downhill target vehicle speed, operate the foundation brakes to one of control speed of the vehicle and maintain speed of the vehicle ([0023], [0029] via brake usage plan; [0026] lines 33-43 describes that one or more or any combinations of speed settings can be used and would be obvious to operate foundation brakes if other combinations aren’t effective).
As to claim 5, wherein the electronic control system is configured to: prior to the downhill route segment, at least one of operate a powertrain retarder and downshift the transmission to a lower gear to contribute to at least one of the controlling speed of the vehicle and the maintaining speed of the vehicle (Table 1B at t2 with retarder at position 1 and Table 1A at t2 with downshift by one gear).
As to claim 6, wherein the electronic control system is configured to one of: during the downhill route segment and during downshifting of the transmission, operate the foundation brakes to contribute to at least one of the controlling speed of the vehicle and the maintaining speed of the vehicle, and prior to the downhill route segment and during downshifting of the transmission, operate the foundation brakes to contribute to at least one of the controlling speed of the vehicle and the maintaining speed of the vehicle ([0016], lines 1-8; [0026], lines 15-33 describes powertrain components can be controlled prior to and/or during downhill route).
As to claim 7, wherein the electronic control system is configured to: determine a roll-out target speed for the vehicle over a portion of the downhill route segment (Table 1A, 1B at 40mph), and control the vehicle to accelerate toward the roll-out target speed when the vehicle reaches the portion of the downhill route segment (between end of t3 to t4).
As to claim 8, wherein the roll-out target speed is determined in response to one of a first speed limit of the portion of the downhill route segment and a second speed limit of a forward segment forward of the portion of the downhill route segment (Table 1A, 1B, 25mph).
As to claim 9, wherein the electronic control system is configured to control the vehicle to accelerate toward the roll-out target speed when the vehicle reaches the portion of the downhill route segment by one of: engine-off coasting, neutral coasting, and motoring in combination with transmission gear up shifting to optimize engine motoring friction (from 25mph to 40mph between end of t3 to t4; Table 1A, upshifting at t4).
As to claim 10, wherein the electronic control system is configured to, in response to driver operation of the foundation brakes, at least one of: operate a powertrain retarder to supplement the driver operation, decrease the downhill vehicle speed limit, and decrease the pre-downhill target vehicle speed (Table 1B; retarder position at 1 and 2 and reduce speed to 25mph).
As to claim 11, wherein the electronic control system is configured to one of: first attempt to control vehicle speed to the pre-downhill target vehicle speed by operating the foundation brakes in combination with a powertrain retarder, and second, if the first attempt is not successful, operate the foundation brakes in combination with a transmission gear shift to control vehicle speed to the pre-downhill target vehicle speed ([0026], lines 33-43; Table 1A, 1B); first attempt to control or maintain vehicle speed below the downhill vehicle speed limit by operating the foundation brakes in combination with the powertrain retarder, and second, if the first attempt is not successful, operate the foundation brakes in combination with a transmission gear shift to control or maintain vehicle speed below the downhill vehicle speed limit (Table 1B, 50 lb force from brakes and position 2 for retarder brake); and supplement a powertrain retarder with foundation brakes to achieve a downhill vehicle speed limit ([0023], [0029] via brake usage plan; [0026] lines 33-43 describes that one or more or any combinations of speed settings can be used and would be obvious to operate foundation brakes if other combinations aren’t effective).
As to claim 12, Ravella discloses a method, comprising: operating a vehicle including a prime mover in a motoring condition, the vehicle including a transmission coupled to the prime mover, one or more ground engaging wheels coupled to the transmission and capable of being driven by the prime mover through the transmission, and foundation brakes actuatable to slow the one or more ground engaging wheels ([0020], lines 3-4 and abstract, line 10); determining, prior to reaching a downhill route segment, a pre-downhill target vehicle speed, a pre-downhill target transmission gear for the vehicle, and a downhill vehicle speed limit (110A; [0026]; Tables 1A, 1A, via speed setting, gear setting in which the speed setting provides speed limits, i.e, 25mph, 40mph); controlling the vehicle to achieve the pre-downhill target vehicle speed and the pre- downhill target transmission gear for the vehicle prior to or upon reaching the downhill route segment; and controlling the vehicle during the downhill route segment not to exceed the downhill vehicle speed limit ([0026], lines 15-33), and control the vehicle during the downhill route segment not to exceed the downhill vehicle speed limit ([0016], lines 1-8 and [0026], lines 15-33).
As to claim 13, comprising: prior to the downhill route segment, first controlling one or more components of the powertrain to provide at least one of controlling speed of the vehicle and maintaining speed of the vehicle to without applying the foundation brakes ([0017] via gear usage plan or retarder usage).
As to claim 14, wherein the powertrain includes an engine and the maintaining speed of the vehicle comprises fueling the engine to maintain speed of the vehicle ([0021], lines 12-15; claim 7 via maximum engine rpm and range of engine rpm).
As to claim 15, comprising, prior to the downhill route segment, in response to a determination that the first controlling is not effective to achieve the pre-downhill target vehicle speed, operating the foundation brakes to one of control speed of the vehicle and maintain speed of the vehicle ([0023], [0029] via brake usage plan; [0026] lines 33-43 describes that one or more or any combinations of speed settings can be used and would be obvious to operate foundation brakes if other combinations aren’t effective).
As to claim 16, comprising: prior to the downhill route segment, at least one of operating a powertrain retarder and downshifting the transmission to a lower gear to contribute to at least one of the controlling speed of the vehicle and the maintaining speed of the vehicle (Table 1B at t2 with retarder at position 1 and Table 1A at t2 with downshift by one gear).
As to claim 17, comprising one of: during the downhill route segment and during downshifting of the transmission, operating the foundation brakes to contribute to at least one of the controlling speed of the vehicle and the maintaining speed of the vehicle, and prior to the downhill route segment and during downshifting of the transmission, operating the foundation brakes to contribute to at least one of the controlling speed of the vehicle and the maintaining speed of the vehicle ([0016], lines 1-8; [0026], lines 15-33 describes powertrain components can be controlled prior to and/or during downhill route).
As to claim 18, comprising: determining a roll-out target speed for the vehicle over a portion of the downhill route segment (Table 1A, 1B at 40mph), and controlling the vehicle to accelerate toward the roll-out target speed when the vehicle reaches the portion of the downhill route segment (between end of t3 to t4).
As to claim 19, wherein the roll-out target speed is determined in response to one of a first speed limit of the portion of the downhill route segment and a second speed limit of a forward segment forward of the portion of the downhill route segment (Table 1A, 1B, 25mph).
As to claim 20, comprising controlling the vehicle to accelerate toward the roll- out target speed when the vehicle reaches the portion of the downhill route segment by one of: engine-off coasting, neutral coasting, and motoring in combination with transmission gear up shifting to optimize engine motoring friction (from 25mph to 40mph between end of t3 to t4; Table 1A, upshifting at t4).
As to claim 21, comprising, in response to driver operation of the foundation brakes, at least one of: operating a powertrain retarder to supplement the driver operation, decreasing the downhill vehicle speed limit, and decreasing the pre-downhill target vehicle speed (Table 1B; retarder position at 1 and 2 and reduce speed to 25mph).
As to claim 22, comprising one of: first attempting to control vehicle speed to the pre-downhill target vehicle speed by operating the foundation brakes in combination with a powertrain retarder, and second, if the first attempting is not successful, operating the foundation brakes in combination with a transmission gear shift to control vehicle speed to the pre-downhill target vehicle speed ([0026], lines 33-43; Table 1A, 1B); and first attempting to control or maintain vehicle speed below the downhill vehicle speed limit by operating the foundation brakes in combination with the powertrain retarder, and second, if the first attempt is not successful, operate the foundation brakes in combination with a transmission gear shift to control or maintain vehicle speed below the downhill vehicle speed limit (Table 1B, 50 lb force from brakes and position 2 for retarder brake); and supplementing a powertrain retarder with foundation brakes to achieve a downhill vehicle speed limit ([0023], [0029] via brake usage plan; [0026] lines 33-43 describes that one or more or any combinations of speed settings can be used and would be obvious to operate foundation brakes if other combinations aren’t effective).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Ravella et al 11565699 (IDS cited art) is similar to the prior art used in rejection above and meets limitations of claims 1-22.
-The examiner has considered the corresponding EPO application 25186737 office action filed 12/8/25 and the examiner agrees that the prior art cited meets the limitations of the present invention.
-Dempsey et al 10940862 (abstract and IDS cited); Watanabe et al 7134985 (abstract); Johansson et al 20150362065 (abstract) and Bellinger 20250108807 (abstract) are all cited as showing that it is well known in the art to control powertrain components prior to a vehicle approaching a downhill route. Bellinger further shows that it is well known in the art to control and maintain speed without applying foundation brakes.
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.
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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.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 February 6, 2026