DETAILED ACTION
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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe on 09/06/2024. It is noted, however, that applicant has not filed a certified copy of the EP24198917.7 application as required by 37 CFR 1.55.
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.
(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.
Claim(s) 1, 3-4, 6, & 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102021206807A1 (“Frevert”).
As per claim 1 Frevert discloses
A computer system for controlling a powertrain system of a vehicle (see at least Frevert, para. [0024]: An engine control unit and a transmission control unit can calculate a torque at the clutch and send this, for example via CAN/FlexRay, to a brake control unit.),
the powertrain system comprising an internal combustion engine connectable to one or more drive wheels (see at least Frevert, para. [0019]: A target gear can, for example, be one gear among several gears of a transmission, whereby the internal combustion engine can act on drive wheels via the clutch and the transmission.),
the computer system comprising processing circuitry configured to selectively operate the powertrain system in a number of operational modes comprising at least a freewheeling mode (ES-FM) (see at least Frevert, para. [0009]: Engaging the clutch can be performed, in particular, starting from a deactivated combustion engine. This allows the combustion engine to be switched off during a sailing process, thus saving fuel.),
in which an output shaft of the engine is non-rotating and the engine is disconnected from the one or more drive wheels (see at least Frevert, para. [0009]: Engaging the clutch can be performed, in particular, starting from a deactivated combustion engine. This allows the combustion engine to be switched off during a sailing process, thus saving fuel.),
the processing circuitry further being in communication with a braking system for the vehicle (see at least Frevert, para. [0024]: In other words, for example, as soon as a driver presses the brake pedal during a sailing process, a target gear can be selected in a dual-clutch transmission and/or automatic transmission. The clutch can then be closed with a predetermined path to drive the engine. An engine control unit and a transmission control unit can calculate a torque at the clutch and send this, for example via CAN/FlexRay, to a brake control unit. In a by-wire system, this moment in particular can be dynamically compensated, resulting in a constant braking torque at the vehicle level and thus a constant deceleration. The vehicle deceleration results in particular from the sum of the hydraulic braking torque and the engine's drag torque, depending on the transmitted clutch torque.), wherein the processing circuitry is configured to:
determine, in the freewheeling mode, a need for restarting the engine by using a controllable clutch (see at least Frevert, para. [0030]: If the internal combustion engine 20 needs to be restarted during such a braking process, the clutch 30 can engage according to a predetermined force profile, so that the internal combustion engine 20 can be restarted without the aid of an electric starter.);
identify, in the freewheeling mode, a braking situation for the vehicle requiring an activation of braking of the one or more drive wheels (see at least Frevert, para. [0024]: In other words, for example, as soon as a driver presses the brake pedal during a sailing process, a target gear can be selected in a dual-clutch transmission and/or automatic transmission. The clutch can then be closed with a predetermined path to drive the engine. An engine control unit and a transmission control unit can calculate a torque at the clutch and send this, for example via CAN/FlexRay, to a brake control unit. In a by-wire system, this moment in particular can be dynamically compensated, resulting in a constant braking torque at the vehicle level and thus a constant deceleration. The vehicle deceleration results in particular from the sum of the hydraulic braking torque and the engine's drag torque, depending on the transmitted clutch torque.);
cancel the activation of braking of the one or more drive wheels or determine to decrease the braking operation in response to the determined need for restarting the engine (see at least Frevert, para. [0030]: The combustion engine 20 therefore has a braking effect, as it restarts from a switched-off state. A corresponding deceleration torque, calculated by the control device 70, is used to correct the braking force applied by the braking system 60. The braking force generated by the two brakes 61, 62 is therefore reduced accordingly, so that no jerking is noticeable when the clutch 30 is engaged. This can significantly increase driving comfort.); and
restart the engine using the controllable clutch in response to the cancelation of the activation of the braking of the one or more drive wheels or the decreased braking operation (see at least Frevert, para. [0030]: The control device 70 can calculate a deceleration torque which the internal combustion engine 20 exerts on the drive train 40 and thus also on the rear wheels 51, 52. The combustion engine 20 therefore has a braking effect, as it restarts from a switched-off state. A corresponding deceleration torque, calculated by the control device 70, is used to correct the braking force applied by the braking system 60.).
As per claim 3 Frevert discloses
wherein the processing circuitry is configured to identify the braking situation for the vehicle by determining that a brake pedal is positioned in an engaged state during the freewheeling mode, and/or wherein the processing circuitry is configured to identify the braking situation for the vehicle by receiving a braking request from an autonomous braking system during the freewheeling mode (see at least Frevert, para. [0024]: In other words, for example, as soon as a driver presses the brake pedal during a sailing process, a target gear can be selected in a dual-clutch transmission and/or automatic transmission. The clutch can then be closed with a predetermined path to drive the engine. An engine control unit and a transmission control unit can calculate a torque at the clutch and send this, for example via CAN/FlexRay, to a brake control unit. In a by-wire system, this moment in particular can be dynamically compensated, resulting in a constant braking torque at the vehicle level and thus a constant deceleration. The vehicle deceleration results in particular from the sum of the hydraulic braking torque and the engine's drag torque, depending on the transmitted clutch torque.).
As per claim 4 Frevert discloses
wherein the processing circuitry is configured to determine to cancel the activation of braking of the one or more drive wheels for a predetermined time period in response to the determined need for restarting the engine, or determine to decrease the braking operation for a predetermined time period (see at least Frevert, para. [0007]: Braking force is typically a force applied by a brake, for example a wheel brake, to slow down the vehicle. This can be reduced according to the deceleration moment. This can be done in particular over a predetermined period, during which the delay moment can also be calculated multiple times within this period.).
As per claim 6 Frevert discloses
wherein the processing circuitry is configured to determine to cancel the activation of braking of the one or more drive wheels at least during an ongoing engine restart using the controllable clutch, or determine to decrease the braking operation at least during an ongoing engine restart using the controllable clutch (see at least Frevert, para. [0007]: Braking force is typically a force applied by a brake, for example a wheel brake, to slow down the vehicle. This can be reduced according to the deceleration moment. This can be done in particular over a predetermined period, during which the delay moment can also be calculated multiple times within this period. para. [0030]: The control device 70 can calculate a deceleration torque which the internal combustion engine 20 exerts on the drive train 40 and thus also on the rear wheels 51, 52. The combustion engine 20 therefore has a braking effect, as it restarts from a switched-off state. A corresponding deceleration torque, calculated by the control device 70, is used to correct the braking force applied by the braking system 60.).
As per claim 11 Frevert discloses
wherein braking of the one or more drive wheels is performed by the processing circuitry controlling the braking system (see at least Frevert, para. [0014]: This typically occurs during a deceleration of the vehicle, which may be requested, for example, by a driver or a vehicle dynamics control system.).
As per claim 12 Frevert discloses
wherein the engine restart using the controllable clutch is performed by engaging the controllable clutch to a torque transfer position (see at least Frevert, para. [0019]: According to a preferred embodiment, a target gear of a transmission to which the clutch is connected is set before the clutch is engaged. Such a target route can, for example, be predetermined or can be calculated based on various parameters. A target gear can, for example, be one gear among several gears of a transmission, whereby the internal combustion engine can act on drive wheels via the clutch and the transmission. By setting a target gear, it is particularly possible to ensure that the combustion engine can act on the drivetrain in an ideal gear immediately after the clutch is engaged. The target gear can be predefined, or it can be calculated each time the clutch is engaged.).
As per claim 13 Frevert discloses
A powertrain system comprising the computer system according to claim 1, an internal combustion engine, a controllable clutch, a transmission arranged to be coupled to the internal combustion engine by means of the controllable clutch, and wherein the transmission further comprises an output shaft configured to be coupled to a driven axle of a set of wheels (see at least Frevert, para. [0019]: According to a preferred embodiment, a target gear of a transmission to which the clutch is connected is set before the clutch is engaged. Such a target route can, for example, be predetermined or can be calculated based on various parameters. A target gear can, for example, be one gear among several gears of a transmission, whereby the internal combustion engine can act on drive wheels via the clutch and the transmission. By setting a target gear, it is particularly possible to ensure that the combustion engine can act on the drivetrain in an ideal gear immediately after the clutch is engaged. The target gear can be predefined, or it can be calculated each time the clutch is engaged.).
As per claim 14 Frevert discloses
A vehicle comprising the computer system of claim 1 (see at least Frevert, para. [0003]: Furthermore, it is an object of the invention to provide an associated motor vehicle.).
As per claim 15 Frevert discloses
A computer-implemented method for controlling a powertrain system of a vehicle (see at least Frevert, para. [0024]: An engine control unit and a transmission control unit can calculate a torque at the clutch and send this, for example via CAN/FlexRay, to a brake control unit.),
the powertrain system comprising an internal combustion engine connectable to one or more drive wheels (see at least Frevert, para. [0019]: A target gear can, for example, be one gear among several gears of a transmission, whereby the internal combustion engine can act on drive wheels via the clutch and the transmission.),
the powertrain system being operable in a number of operational modes, including at least a freewheeling mode (ES-FM) (see at least Frevert, para. [0009]: Engaging the clutch can be performed, in particular, starting from a deactivated combustion engine. This allows the combustion engine to be switched off during a sailing process, thus saving fuel.),
in which an output shaft of the engine is non-rotating, and the engine is disconnected from the one or more drive wheels (see at least Frevert, para. [0009]: Engaging the clutch can be performed, in particular, starting from a deactivated combustion engine. This allows the combustion engine to be switched off during a sailing process, thus saving fuel.), wherein the method comprises:
determining, in the freewheeling mode, and by processing circuitry of a computer system, a need for restarting the engine using a controllable clutch (see at least Frevert, para. [0030]: If the internal combustion engine 20 needs to be restarted during such a braking process, the clutch 30 can engage according to a predetermined force profile, so that the internal combustion engine 20 can be restarted without the aid of an electric starter.);
identifying, in the freewheeling mode, and by processing circuitry of the computer system, a braking situation for the vehicle requiring an activation of braking of the one or more drive wheels (see at least Frevert, para. [0024]: In other words, for example, as soon as a driver presses the brake pedal during a sailing process, a target gear can be selected in a dual-clutch transmission and/or automatic transmission. The clutch can then be closed with a predetermined path to drive the engine. An engine control unit and a transmission control unit can calculate a torque at the clutch and send this, for example via CAN/FlexRay, to a brake control unit. In a by-wire system, this moment in particular can be dynamically compensated, resulting in a constant braking torque at the vehicle level and thus a constant deceleration. The vehicle deceleration results in particular from the sum of the hydraulic braking torque and the engine's drag torque, depending on the transmitted clutch torque.);
cancelling, by processing circuitry of the computer system, the activation of braking of the one or more drive wheels, or determining, by processing circuitry of the computer system, to decrease the braking operation in response to the determined need for restarting the engine (see at least Frevert, para. [0030]: The combustion engine 20 therefore has a braking effect, as it restarts from a switched-off state. A corresponding deceleration torque, calculated by the control device 70, is used to correct the braking force applied by the braking system 60. The braking force generated by the two brakes 61, 62 is therefore reduced accordingly, so that no jerking is noticeable when the clutch 30 is engaged. This can significantly increase driving comfort.); and
restarting, by processing circuitry of the computer system, the engine by controlling the controllable clutch in response to the cancelation of activation of the braking of the one or more drive wheels or the decreased braking operation (see at least Frevert, para. [0030]: The control device 70 can calculate a deceleration torque which the internal combustion engine 20 exerts on the drive train 40 and thus also on the rear wheels 51, 52. The combustion engine 20 therefore has a braking effect, as it restarts from a switched-off state. A corresponding deceleration torque, calculated by the control device 70, is used to correct the braking force applied by the braking system 60.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frevert, in view of US 2014/0114542A1 (“Abdul-Rasool”).
As per claim 2 Frevert does not explicitly disclose
wherein the processing circuitry is configured to determine the need for restarting the engine using the controllable clutch from topography data and vehicle data.
Abdul-Rasool teaches
wherein the processing circuitry is configured to determine the need for restarting the engine using the controllable clutch from topography data and vehicle data (see at least Abdul-Rasool, para. [0047]: On the basis of this LA information and vehicle location information which may for example be obtained in the form of information from suitable positioning/navigations systems such as a telemast system and/or a satellite navigation system, e.g. GPS (global positioning system) information, the LA function can estimate how much time and/or distance remains before a coming downgrade. Weather reports/data from weather meters may also be used when for example strong tail/headwinds might affect the driving force required for the vehicle's propulsion. & para. [0055]: Determining the time T1 for which the engine can be switched off may also be done by means of the aforesaid LA function, i.e. on the basis of data concerning the gradients of the itinerary ahead of the vehicle, and/or on the basis of data concerning the road topography along the itinerary and/or the vehicle's location.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Frevert to incorporate the teaching of wherein the processing circuitry is configured to determine the need for restarting the engine using the controllable clutch from topography data and vehicle data of Abdul-Rasool, with a reasonable expectation of success, in order for vehicle's fuel consumption to be further reduced (see at least Abdul-Rasool, para. [0013]).
Claim(s) 5 & 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frevert, in view of US 2007/0102208A1 (“Okuda”).
As per claim 5 Frevert does not explicitly disclose
wherein the processing circuitry is configured to reactivate braking of the one or more drive wheels subsequent the expiration of the predetermined time period.
Okuda teaches
wherein the processing circuitry is configured to reactivate braking of the one or more drive wheels subsequent the expiration of the predetermined time period (see at least Okuda, para. [0067-0071]: On the other hand, if the integrated controller 20 determines that the second clutch 7 is engaged in step S29, the integrated controller 20 is configured to proceed to step S31 and to check if the automatic transmission 3 is in the process of changing gears. If the automatic transmission 3 is not in the process of changing gears (No in step S31), then the integrated controller 20 is configured to proceed to step S32 and to determine if the first clutch 6 is slipping i.e., between the engaged state and the released state….If the integrated controller 20 determines in step S31 that the automatic transmission 3 is not changing gears and determines in step S32 that the first clutch 6 is in an engaged state (No in step S32), then the integrated controller 20 is configured to proceed to step S34 and to calculate the power train deliverable braking force Tbp as the sum of the braking force that can be obtained from the motor/generator 5 with the current gear of the automatic transmission 3 ( calculated in FIG. 23) and the engine braking force that can be obtained with the current gear of the automatic transmission 3 (calculated in step S25).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Frevert to incorporate the teaching of wherein the processing circuitry is configured to reactivate braking of the one or more drive wheels subsequent the expiration of the predetermined time period of Okuda, with a reasonable expectation of success, in order for improving the fuel efficiency of the engine (see at least Okuda, para. [0041]).
As per claim 7 Frevert does not explicitly disclose
wherein the processing circuitry is configured to reactivate braking of the one or more drive wheels subsequent the engine restart
Okuda teaches
wherein the processing circuitry is configured to reactivate braking of the one or more drive wheels subsequent the engine restart (see at least Okuda, para. [0067-0071]: On the other hand, if the integrated controller 20 determines that the second clutch 7 is engaged in step S29, the integrated controller 20 is configured to proceed to step S31 and to check if the automatic transmission 3 is in the process of changing gears. If the automatic transmission 3 is not in the process of changing gears (No in step S31), then the integrated controller 20 is configured to proceed to step S32 and to determine if the first clutch 6 is slipping i.e., between the engaged state and the released state….If the integrated controller 20 determines in step S31 that the automatic transmission 3 is not changing gears and determines in step S32 that the first clutch 6 is in an engaged state (No in step S32), then the integrated controller 20 is configured to proceed to step S34 and to calculate the power train deliverable braking force Tbp as the sum of the braking force that can be obtained from the motor/generator 5 with the current gear of the automatic transmission 3 ( calculated in FIG. 23) and the engine braking force that can be obtained with the current gear of the automatic transmission 3 (calculated in step S25).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Frevert to incorporate the teaching of wherein the processing circuitry is configured to reactivate braking of the one or more drive wheels subsequent the engine restart of Okuda, with a reasonable expectation of success, in order for improving the fuel efficiency of the engine (see at least Okuda, para. [0041]).
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frevert, in view of US 2015/0191172A1 (“Kim”).
As per claim 8 Frevert does not explicitly disclose
wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation.
Kim teaches
wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation (see at least Kim, Fig. 3-4 & para. [0038]: FIG. 4 is a time chart indicating changes in operating states of the accelerator pedal 16 and the brake pedal 10, the vehicle speed, and a flag of the neutral coasting under the situation that the abrupt deceleration is demanded. Detailed explanations for the events in the time chart shown in FIG. 4 similar to those in FIG. 2 will be omitted. When the brake pedal 10 is depressed by the depressing force larger than the predetermined force under the situation where the brake pedal 10 is not depressed and the neutral coasting flag is ON so that the vehicle is propelled under the neutral coasting ( at point t2), the neutral coasting flag is turned off so that the neutral coasting is terminated by bringing the desired engagement element into engagement thereby propelling the vehicle under the normal condition. Consequently, after the point t2, the engine braking force is applied to the vehicle in addition to the braking force of the braking device 9 to the drive wheels 2 so that a rate of decreasing in vehicle speed is increased.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Frevert to incorporate the teaching of wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation of Kim, with a reasonable expectation of success, in order for fuel economy of the vehicle to be improved (see at least Okuda, para. [0041]).
As per claim 9 Frevert does not explicitly disclose
wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation by determining changes in the position of the brake pedal, and/or wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation from data in the braking request.
Kim teaches
wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation by determining changes in the position of the brake pedal, and/or wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation from data in the braking request (see at least Kim, Fig. 3-4 & para. [0038]: FIG. 4 is a time chart indicating changes in operating states of the accelerator pedal 16 and the brake pedal 10, the vehicle speed, and a flag of the neutral coasting under the situation that the abrupt deceleration is demanded. Detailed explanations for the events in the time chart shown in FIG. 4 similar to those in FIG. 2 will be omitted. When the brake pedal 10 is depressed by the depressing force larger than the predetermined force under the situation where the brake pedal 10 is not depressed and the neutral coasting flag is ON so that the vehicle is propelled under the neutral coasting ( at point t2), the neutral coasting flag is turned off so that the neutral coasting is terminated by bringing the desired engagement element into engagement thereby propelling the vehicle under the normal condition. Consequently, after the point t2, the engine braking force is applied to the vehicle in addition to the braking force of the braking device 9 to the drive wheels 2 so that a rate of decreasing in vehicle speed is increased.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Frevert to incorporate the teaching of wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation by determining changes in the position of the brake pedal, and/or wherein the processing circuitry is configured to determine that the braking situation amounts to a panic braking situation from data in the braking request of Kim, with a reasonable expectation of success, in order for fuel economy of the vehicle to be improved (see at least Okuda, para. [0041]).
As per claim 10 Frevert does not explicitly disclose
wherein the processing circuitry is configured to determine that a panic braking situation is different to an ordinary braking situation by determining a speed in a brake pedal positional change.
Kim teaches
wherein the processing circuitry is configured to determine that a panic braking situation is different to an ordinary braking situation by determining a speed in a brake pedal positional change (see at least Kim, Fig. 3-4 & para. [0038]: FIG. 4 is a time chart indicating changes in operating states of the accelerator pedal 16 and the brake pedal 10, the vehicle speed, and a flag of the neutral coasting under the situation that the abrupt deceleration is demanded. Detailed explanations for the events in the time chart shown in FIG. 4 similar to those in FIG. 2 will be omitted. When the brake pedal 10 is depressed by the depressing force larger than the predetermined force under the situation where the brake pedal 10 is not depressed and the neutral coasting flag is ON so that the vehicle is propelled under the neutral coasting ( at point t2), the neutral coasting flag is turned off so that the neutral coasting is terminated by bringing the desired engagement element into engagement thereby propelling the vehicle under the normal condition. Consequently, after the point t2, the engine braking force is applied to the vehicle in addition to the braking force of the braking device 9 to the drive wheels 2 so that a rate of decreasing in vehicle speed is increased.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Frevert to incorporate the teaching of wherein the processing circuitry is configured to determine that a panic braking situation is different to an ordinary braking situation by determining a speed in a brake pedal positional change of Kim, with a reasonable expectation of success, in order for fuel economy of the vehicle to be improved (see at least Okuda, para. [0041]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED ABDO ALGEHAIM whose telephone number is (571)272-3628. The examiner can normally be reached Monday-Friday 8-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED ABDO ALGEHAIM/Primary Examiner, Art Unit 3668
