DETAILED CORRESPONDENCE
This final office action is in response to the Amendments filed on 30 July 2026, regarding application number 19/389,620.
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 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.
Response to Amendment
Claims 1, 3, 6-11, 13-14 and 17 remain pending in the application, while claims 2, 4-5, 12 and 15-16 have been cancelled. Claims 1, 3, 7-9 and 13-14 were amended in the Amendments to the Claims.
Applicant’s amendments to the Claims have overcome each and every objection, nonstatutory double patenting rejections, 35 U.S.C. 101 rejections and 35 U.S.C. 112(b) rejections previously set forth in the non-final office action mailed 06 May 2026. Therefore, the objections and rejections have been withdrawn.
Response to Arguments
Applicant’s arguments, see Pages 9-15, filed 30 July 2026, with respect to the rejections of claims 1, 3, 6-11, 13-14 and 17 under 35 U.S.C. § 102 and/or 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made further in view of newly cited reference Kokubo et al. (US 20070018499 A1). See full details below.
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.
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.
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.
Claims 1, 3, 6, 8, 11, 13-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Treharne et al. (US 20130289809 A1 and Treharne hereinafter), in view of Kokubo et al. (US 20070018499 A1 and Kokubo hereinafter).
Regarding Claim 1
Treharne teaches a method for controlling a vehicle brake system of a heavy duty vehicle (see all Figs.; [0001] and [0005]), the brake system comprising a service brake system (see "friction braking" in Figs. 8-9, [0019], [0030] and [0033]) and an electrical machine brake system (see "regenerative braking" in Figs. 8-9, [0019, [0031] and [0033]), the method comprising:
determining a total brake torque request for braking a wheel of the vehicle (see "total brake torque" in Figs. 8-9, [0006], [0031 "The BPP signal is indicative of a driver request for brake torque (brake torque request). The brake controller 68 also receives input that corresponds to an accelerator pedal position. The brake controller 68 determines a total brake torque value based on the brake pedal position and the accelerator pedal position. The brake controller 68 communicates with the vehicle controller 14 to coordinate regenerative braking and friction braking."], [0033] and [0070]-[0071]),
obtaining a brake torque capability of the electrical machine (see Fig. 8, step 818; Fig. 9, line 910; "available regenerative torque" in [0033 "For example, in one embodiment the vehicle controller 14 receives other input, such as vehicle speed, that is indicative of the amount of available regenerative torque. The vehicle controller 14 also receives input that is indicative of current status of the main battery 32. Based on this input, the vehicle controller 14 then determines a regenerative brake torque value to achieve the total brake torque value, without overcharging the main battery 32."] and [0035 "The vehicle 12 utilizes regenerative braking as the primary braking source, and supplements with friction braking when there is insufficient available regenerative brake torque to satisfy the total brake torque."]; [0071] and [0082]),
determining if the total brake torque request exceeds the brake torque capability of the electrical machine (see Fig. 8, step 818; Fig. 9, line 910; [0033], [0071 "In operation 818, the total brake torque is compared to predetermined data to determine if it is above a threshold value. In one or more embodiments the threshold value is between 2,000 and 3,000 Nm. In one embodiment the threshold value is approximately 2,500 Nm."] and [0082 "The threshold value for limiting regenerative braking corresponds to a total brake torque value of 2,500 Nm according to one embodiment, and illustrated by line 910. "]), and
applying a baseline brake torque by the service brake system if the total brake torque request exceeds the brake torque capability of the electrical machine but is below a threshold level (see Fig. 8, steps 818 and 826; Fig. 9, Time T1-T2; "friction brake torque"/"Tfriction" in [0033], [0072 "However, if the determination is positive at operations 814, 816 and 818 then the vehicle system 10 proceeds to operation 822 and determines whether it should limit regenerative braking or disable regenerative braking ... If the determination at operation 822 is negative, then the vehicle system 10 proceeds to operation 826 and limits regenerative braking, by reducing the regenerative brake torque to a predetermined value that is greater than zero, and increases friction braking."] and [0081]; the "predetermined max" corresponds to the claimed threshold level),
wherein the baseline brake torque is configured to compensate for a difference between total brake torque request and brake torque capability of the electrical machine (see Fig. 9, Time T1-T2; [0033], [0035 "The vehicle 12 utilizes regenerative braking as the primary braking source, and supplements with friction braking when there is insufficient available regenerative brake torque to satisfy the total brake torque."] and [0072]),
wherein the baseline brake torque is determined as a difference between the total brake torque request and the brake torque capability of the electrical machine (see Fig. 9, Time T1-T2; [0033], [0035 "The vehicle 12 utilizes regenerative braking as the primary braking source, and supplements with friction braking when there is insufficient available regenerative brake torque to satisfy the total brake torque."] and [0072 "If the determination at operation 822 is negative, then the vehicle system 10 proceeds to operation 826 and limits regenerative braking, by reducing the regenerative brake torque to a predetermined value that is greater than zero, and increases friction braking."]), and
braking the vehicle solely by the service brake system and controlling wheel slip by the service brake system if the total brake torque request exceeds the threshold level (see Figs. 3 and 9, time after T2; Fig. 8, step 824; Fig. 9, time after T2; [0032 "The brake controller 68 is also configured to modulate friction braking to prevent locking of the brakes. By modulating or “pulsing” the hydraulic pressure within the brake lines L1, L2, L3, and L4 the brake controller provides antilock braking (ABS) functionality, which prevents locking of the brakes, and reduces stopping distance of the vehicle 12. A wheel speed sensor 74 is attached to each wheel, such as driven wheels 24, and provides an input signal (ωF1, ωF2, ωR1, ωR2) to the brake controller 68. The brake controller 68 analyzes the wheel speed signals to determine when wheels are ‘locked’ (not rotating) or ‘slipping’ (rotating slower than other wheels) to control ABS."]-[0033], [0035], [0069], [0072 "If the total brake torque value exceeds this maximum value, then the vehicle system 10 proceeds to operation 824 and disables regenerative braking, and increases friction braking."] and [0081]),
while controlling wheel slip by the electrical machine brake system if the total brake torque request is below the threshold level (see Fig. 2, all; Fig. 3, time before T2; Fig. 9, time before T2; [0038], [0041]-[0044], [0046]-[0047] and [0069]; [0044] states "In operation 220 the vehicle system 10 reduces regenerative braking and increases friction braking in response to a wheel slip event.", therefore the wheel slip is controlled at least partially by the electrical machine brake system because the regenerative braking is reduced. See also [0038 "For example, in situations that would trigger an ABS braking event, the vehicle system 10 may begin reducing regenerative braking prior to the ABS event and before an ABS Flag signal is received."] and [0046 "At time (t0) the front wheels begin to slip. At time (t1) the vehicle system 10 begins reducing regenerative torque, and at time (t2) the front wheels stop slipping."]).
Treharne is silent regarding the baseline brake torque is determined as a difference between the total brake torque request and the brake torque capability of the electrical machine with an added margin torque value,
wherein the margin torque value is configured to enable the electrical machine to perform wheel slip control without exceeding maximum torque capability.
Kokubo teaches a method for controlling a vehicle brake system of a heavy duty vehicle (see all Figs.; [0010]-[0015]),
the brake system comprising a service brake system (see [0010], [0012 "The brake apparatus for a vehicle includes first control means (frictional-braking-force control means) for controlling respective frictional braking forces acting on the wheels, independently of a braking operation by a driver;…"]-[0013] and [0058]) and an electrical machine brake system (see [0010], [0012 "...second control means (regenerative-braking-force control means) for controlling regenerative braking force which is generated by the motor and acts on the driven wheels."], [0014] and [0060]), the method comprising:
determining a total brake torque request for braking a wheel of the vehicle (see "target braking force"/total braking force" in Figs. 3A-3B; [0015 "A first brake control apparatus for a vehicle according to the present invention comprises determination means (target-braking-force determination means) for determining a first target braking force, which is a target value of total braking force applied to the vehicle, on the basis of an operation input applied to the brake operation member;..."], [0022], [0025], [0096] and [0100]-[0102]),
obtaining a brake torque capability of the electrical machine (see "maximum regenerative braking force"/"Femax" in Figs. 3A-3B, [0015], [0022], [0025], [0096], [0100]-[0102]),
determining if the total brake torque request exceeds the brake torque capability of the electrical machine (see Fig. 5, step 525; Fig. 6, step 645; [0022]-[0024]), and
applying a baseline brake torque by the service brake system if the total brake torque request exceeds the brake torque capability of the electrical machine (see Figs. 3A-3B, all; [0020]-[0021], [0023 "In a case where the first target braking force is greater than the limit regenerative braking force and the driven-wheel-side target distribution braking force is equal to or less than the limit regenerative braking force (hereinafter, called “the case of a second mode”), the regenerative braking force is set to the value of the limit regenerative braking force; the frictional braking force acting on the non-driven wheels is set to a value obtained by subtracting the limit regenerative braking force from the first target braking force; and the frictional braking force acting on the driven wheels is set to zero."]-[0024], [0105 "In the case of the second mode, the regenerative braking force FE is set to the value of the limit regenerative braking force FE1; the rear-wheel hydraulic braking force FBr is set to a value (FT−FE1) obtained by subtracting the limit regenerative braking force FE1 from the target braking force FT; and the front-wheel hydraulic braking force FBf is set to zero."]-[0106], [0119 "...the total braking force (=FE+FBf+FBr) coincident with the target braking force FT,..."]-[0120] and [0122]-[0123]),
wherein the baseline brake torque is configured to compensate for a difference between total brake torque request and brake torque capability of the electrical machine, wherein the baseline brake torque is determined as a difference between the total brake torque request and the brake torque capability of the electrical machine with an added margin torque value (see "limit regenerative braking force"/"FE1", A to A', and B to B' in Figs. 3A-3B, all; [0020 "...issuing an instruction for decreasing the regenerative braking force by an amount corresponding to the degree of easiness of occurrence of a locking tendency of the driven wheels (an instruction for increasing the proportion of the frictional braking force acting on the non-driven wheels)."]-[0021 "...limit-regenerative-braking-force acquisition means for acquiring a limit regenerative braking force, which is a upper limit value of the regenerative braking force (less than an allowable maximum regenerative braking force);..."], [0023 "...the frictional braking force acting on the non-driven wheels is set to a value obtained by subtracting the limit regenerative braking force from the first target braking force;..."]-[0024], [0112], [0119 "...while rendering the total braking force (=FE+FBf+FBr) coincident with the target braking force FT, the value of the limit regenerative braking force FE1 is made smaller than the value of the allowable maximum regenerative braking force FEmax."]-[0120 "That is, when the value of the limit regenerative braking force FE1 is made smaller than the allowable maximum regenerative braking force FEmax, points A and B in FIGS. 3A and 3B move to points A′ and B′ respectively. As a result, as indicated by a broken line in FIG. 3A, when the brake-pedal depressing force Fp is greater than a value Fa′ and equal or less than the value Fb (that is, in the first and second modes), the proportion of the regenerative braking force FE decreases, and the proportion of the rear-wheel hydraulic braking force FBr increases..."] and [0122]-[0123]),
wherein the margin torque value is configured to enable the electrical machine to perform wheel slip control without exceeding maximum torque capability (see [0010], [0018 "As will be described later, examples of the “factor influencing the easiness of occurrence of a locking tendency of the driven wheels” include lateral acceleration of the vehicle, vehicle body lateral direction limit index value, road surface friction coefficient, and road surface gradient. The term “locking tendency” refers to, for example, a state in which slippage in the deceleration direction exceeds a predetermined value."], [0020 "...issuing an instruction for decreasing the regenerative braking force by an amount corresponding to the degree of easiness of occurrence of a locking tendency of the driven wheels (an instruction for increasing the proportion of the frictional braking force acting on the non-driven wheels). As a result, at a point in time when a locking tendency of the driven wheels is detected, the regenerative braking force has already been decreased sufficiently, so that the occurrence of locking of the driven wheels, which would otherwise occur at a later time because of the regenerative braking force, can be suppressed."]-[0021], [0112] and [0122]-[0123 "As described above, the present apparatus changes the limit regenerative braking force FE1 to any value which is equal to or less than the allowable maximum regenerative braking force FEmax in accordance with the likelihood that a locking tendency of the front wheels will occur."]), and
while controlling wheel slip by the electrical machine brake system if the total brake torque request is below the brake torque capability (see [0022 "In a case where the first target braking force is equal to or lower than the limit regenerative braking force (hereinafter, called “the case of a first mode”), the regenerative braking force is set to the value of the first target braking force; and the frictional braking force acting on the driven wheels and that acting on the non-driven wheels are set to zero."], [0025], [0029 "Accordingly, in the case of the first and second modes, in an early stage before detection of a locking tendency of the driven wheels, the front-rear braking force distribution can be made close to the target distribution by means of, for example, decreasing the limit regenerative braking force by an amount corresponding to the degree of easiness of occurrence of a locking tendency of the driven wheels. As a result, as in the case of the first brake control apparatus of the present invention, the occurrence of locking of the driven wheels, which would otherwise occur at a later time because of the regenerative braking force, can be suppressed."], [0096], [0100 "First, there will be described a case (hereinafter, called “the case of a first mode” (mode=1)) where the target braking force FT determined on the basis of the brake pedal depressing force Fp is equal to or lower than a limit regenerative braking force FE1."], [0101 "In principle, the limit regenerative braking force FE1 is set to a value equal to an allowable maximum regenerative braking force FEmax, which is the maximum value of the regenerative braking force that can be generated at the present time. The limit regenerative braking force FE1, however, can be changed within the range which is equal to or lower than the allowable maximum regenerative braking force FEmax, as described later. The allowable maximum regenerative braking force FEmax is calculated from the value of SOC, the vehicle body speed determined on the basis of the output of the wheel speed sensor 81** (estimated vehicle body speed Vso to be described later), etc. The description will be continued under the assumption that the limit regenerative braking force FE1 is equal to the allowable maximum regenerative braking force FEmax."]-[0102]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the process of Treharne to further determine the difference between the total brake torque request and the brake torque capability of the electrical machine with an added margin torque value which is configured to enable the electrical machine to perform wheel slip control without exceeding maximum torque capability, as taught by Kokubo, in order to optimally blend regenerative and friction braking to enable highly efficient collection of electrical energy while suppressing occurrence of driven-wheel locking which would otherwise occur due to regenerative braking force.
Regarding Claim 3
Modified Treharne teaches the method according to claim 2 (as discussed above in claim 2),
Treharne is silent regarding where the added margin torque value is between 0.1 and 0.3 times the brake torque capability of the electrical machine.
Kokubo teaches where the added margin torque value is between 0.1 and 0.3 times the brake torque capability of the electrical machine (see [0101 "The limit regenerative braking force FE1, however, can be changed within the range which is equal to or lower than the allowable maximum regenerative braking force FEmax, as described later."] and [0123 "As described above, the present apparatus changes the limit regenerative braking force FE1 to any value which is equal to or less than the allowable maximum regenerative braking force FEmax in accordance with the likelihood that a locking tendency of the front wheels will occur."]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the process of modified Treharne to include the added margin torque value between 0.1 and 0.3 times the brake torque capability of the electrical machine, as taught by Kokubo, in order to optimally blend regenerative and friction braking to enable highly efficient collection of electrical energy while suppressing occurrence of driven-wheel locking which would otherwise occur due to regenerative braking force. Although Kokubo doesn’t disclose a verbatim value of the margin torque being between 0.1 and 0.3 times the brake torque capability, it would have been obvious to a person having ordinary skill in the art to further modify the value to be within said range because Kokubo states that the apparatus changes the limit regenerative braking force FE1 to any value which is equal to or less than the allowable maximum regenerative braking force FEmax. Setting an added margin between 0.1 and 0.3 would have been obvious because it would have been well within the level of skill of the person having ordinary skill in the art and is one of a finite number of in margin values which could be set. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.).
Regarding Claim 6
Modified Treharne teaches the method according to claim 1 (as discussed above in claim 1),
Treharne further teaches wherein the threshold level corresponds to a vehicle acceleration smaller than −0.5 g (see [0069] and [0073]-[0079 "For example, with reference to operation 822, in one embodiment the predetermined maximum value corresponds to a vehicle deceleration of 0.5 g. Therefore the total brake torque to decelerate a 2,300 kg vehicle having a wheel radius of 0.31 m, at a deceleration rate of 0.5 g (0.5*−9.8 m/s2) is approximately 3,500 Nm, using equation 1."]).
Regarding Claim 8
Modified Treharne teaches the method according to claim 1 (as discussed above in claim 1)
Treharne further teaches comprising determining the brake torque capability of the electrical machine in dependence of a battery state associated with the electrical machine (see [0033 "For example, in one embodiment the vehicle controller 14 receives other input, such as vehicle speed, that is indicative of the amount of available regenerative torque. The vehicle controller 14 also receives input that is indicative of current status of the main battery 32. Based on this input, the vehicle controller 14 then determines a regenerative brake torque value to achieve the total brake torque value, without overcharging the main battery 32."]).
Regarding Claim 11
Modified Treharne teaches the method according to claim 1 (as discussed above in claim 1),
Treharne further teaches wherein a time dependence is associated with the brake torque capability of the electrical machine, and where the total brake torque request comprises a time duration (see Fig. 2, step 222; Fig. 6, step 618; [0044]-[0045], [0064]-[0065] and [0080 "In operation 828 the vehicle system 10 determines if the vehicle speed is below the threshold speed for a predetermined period of time. In one or more embodiments, the threshold speed is between fifteen km/hr and twenty-five km/hr and the predetermined period of time is between one and five seconds. If the determination at operation 828 is positive, then the vehicle system 10 returns to operation 818 to determine if the total brake torque is greater than the threshold value. However, if the determination at operation 828 is negative, then the high total braking event is still present and the vehicle system 10 returns to operation 822."]-[0081 "FIG. 9 includes four graphs of data taken over a common period of time. At time (t0) a driver begins applying the brake pedal. At time (t1) the vehicle system 10 begins limiting regenerative braking. At time (t2) the vehicle system 10 begins disabling regenerative braking."]).
Regarding Claim 13
Treharne teaches a non-transitory computer readable medium carrying a computer program comprising program code (see [0024]) for performing the steps of claim 1 when said program code is run on a computer or on processing circuitry of a control unit (see modified Treharne in claim 1 above and Fig. 1, vehicle controller 14; [0024]).
Regarding Claim 14
Treharne teaches a control unit for controlling a vehicle brake system of a heavy duty vehicle (see all Figs.; [0001] and [0005]),
the brake system comprising a service brake system (see "friction braking" in Figs. 8-9, [0019], [0030] and [0033]) and an electrical machine brake system (see "regenerative braking" in Figs. 8-9, [0019, [0031] and [0033]),
the control unit comprising processing circuitry and an interface (see [0024] and [0040]), wherein the processing circuitry is configured to
determine a total brake torque request for braking a wheel of the vehicle (see "total brake torque" in Figs. 8-9, [0006], [0031 "The BPP signal is indicative of a driver request for brake torque (brake torque request). The brake controller 68 also receives input that corresponds to an accelerator pedal position. The brake controller 68 determines a total brake torque value based on the brake pedal position and the accelerator pedal position. The brake controller 68 communicates with the vehicle controller 14 to coordinate regenerative braking and friction braking."], [0033] and [0070]-[0071]), to
obtain a brake torque capability of the electrical machine via the interface (see Fig. 8, step 818; Fig. 9, line 910; "available regenerative torque" in [0033 "For example, in one embodiment the vehicle controller 14 receives other input, such as vehicle speed, that is indicative of the amount of available regenerative torque. The vehicle controller 14 also receives input that is indicative of current status of the main battery 32. Based on this input, the vehicle controller 14 then determines a regenerative brake torque value to achieve the total brake torque value, without overcharging the main battery 32."] and [0035 "The vehicle 12 utilizes regenerative braking as the primary braking source, and supplements with friction braking when there is insufficient available regenerative brake torque to satisfy the total brake torque."]; [0071] and [0082]), and to
determine if the total brake torque request exceeds the brake torque capability of the electrical machine (see Fig. 8, step 818; Fig. 9, line 910; [0033], [0071 "In operation 818, the total brake torque is compared to predetermined data to determine if it is above a threshold value. In one or more embodiments the threshold value is between 2,000 and 3,000 Nm. In one embodiment the threshold value is approximately 2,500 Nm."] and [0082 "The threshold value for limiting regenerative braking corresponds to a total brake torque value of 2,500 Nm according to one embodiment, and illustrated by line 910. "]),
wherein, the control unit is configured to apply a baseline brake torque by the service brake system if the total brake torque request exceeds the brake torque capability of the electrical machine but is below a threshold level (see Fig. 8, steps 818 and 826; Fig. 9, Time T1-T2; "friction brake torque"/"Tfriction" in [0033], [0072 "However, if the determination is positive at operations 814, 816 and 818 then the vehicle system 10 proceeds to operation 822 and determines whether it should limit regenerative braking or disable regenerative braking ... If the determination at operation 822 is negative, then the vehicle system 10 proceeds to operation 826 and limits regenerative braking, by reducing the regenerative brake torque to a predetermined value that is greater than zero, and increases friction braking."] and [0081]; the "predetermined max" corresponds to the claimed threshold level),
wherein the baseline brake torque is configured to compensate for a difference between total brake torque request and brake torque capability of the electrical machine (see Fig. 9, Time T1-T2; [0033], [0035 "The vehicle 12 utilizes regenerative braking as the primary braking source, and supplements with friction braking when there is insufficient available regenerative brake torque to satisfy the total brake torque."] and [0072]),
wherein the baseline brake torque is determined as a difference between the total brake torque request and the brake torque capability of the electrical machine (see Fig. 9, Time T1-T2; [0033], [0035 "The vehicle 12 utilizes regenerative braking as the primary braking source, and supplements with friction braking when there is insufficient available regenerative brake torque to satisfy the total brake torque."] and [0072 "If the determination at operation 822 is negative, then the vehicle system 10 proceeds to operation 826 and limits regenerative braking, by reducing the regenerative brake torque to a predetermined value that is greater than zero, and increases friction braking."]),
wherein the control unit is configured to brake the vehicle solely by the service brake system and to control wheel slip solely by the service brake system in case the total brake torque request is above the threshold level (see Figs. 3 and 9, time after T2; Fig. 8, step 824; Fig. 9, time after T2; [0032 "The brake controller 68 is also configured to modulate friction braking to prevent locking of the brakes. By modulating or “pulsing” the hydraulic pressure within the brake lines L1, L2, L3, and L4 the brake controller provides antilock braking (ABS) functionality, which prevents locking of the brakes, and reduces stopping distance of the vehicle 12. A wheel speed sensor 74 is attached to each wheel, such as driven wheels 24, and provides an input signal (ωF1, ωF2, ωR1, ωR2) to the brake controller 68. The brake controller 68 analyzes the wheel speed signals to determine when wheels are ‘locked’ (not rotating) or ‘slipping’ (rotating slower than other wheels) to control ABS."]-[0033], [0035], [0069], [0072 "If the total brake torque value exceeds this maximum value, then the vehicle system 10 proceeds to operation 824 and disables regenerative braking, and increases friction braking."] and [0081]),
while the control unit is configured and to control wheel slip by the electrical machine brake system if the total brake torque request is below the threshold level (see Fig. 2, all; Fig. 3, time before T2; Fig. 9, time before T2; [0038], [0041]-[0044], [0046]-[0047] and [0069]; [0044] states "In operation 220 the vehicle system 10 reduces regenerative braking and increases friction braking in response to a wheel slip event.", therefore the wheel slip is controlled at least partially by the electrical machine brake system because the regenerative braking is reduced. See also [0038 "For example, in situations that would trigger an ABS braking event, the vehicle system 10 may begin reducing regenerative braking prior to the ABS event and before an ABS Flag signal is received."] and [0046 "At time (t0) the front wheels begin to slip. At time (t1) the vehicle system 10 begins reducing regenerative torque, and at time (t2) the front wheels stop slipping."]).
Treharne is silent regarding the baseline brake torque is determined as a difference between the total brake torque request and the brake torque capability of the electrical machine with an added margin torque value,
wherein the margin torque value is configured to enable the electrical machine to perform wheel slip control without exceeding maximum torque capability.
Kokubo teaches a control unit for controlling a vehicle brake system of a heavy duty vehicle (see all Figs.; [0010]-[0015]),
the brake system comprising a service brake system (see [0010], [0012 "The brake apparatus for a vehicle includes first control means (frictional-braking-force control means) for controlling respective frictional braking forces acting on the wheels, independently of a braking operation by a driver;…"]-[0013] and [0058]) and an electrical machine brake system (see [0010], [0012 "...second control means (regenerative-braking-force control means) for controlling regenerative braking force which is generated by the motor and acts on the driven wheels."], [0014] and [0060]),
the control unit comprising processing circuitry and an interface (see [0086]), wherein the processing circuitry is configured to
determine a total brake torque request for braking a wheel of the vehicle (see "target braking force"/total braking force" in Figs. 3A-3B; [0015 "A first brake control apparatus for a vehicle according to the present invention comprises determination means (target-braking-force determination means) for determining a first target braking force, which is a target value of total braking force applied to the vehicle, on the basis of an operation input applied to the brake operation member;..."], [0022], [0025], [0096] and [0100]-[0102]), to
obtain a brake torque capability of the electrical machine via the interface (see "maximum regenerative braking force"/"Femax" in Figs. 3A-3B, [0015], [0022], [0025], [0096], [0100]-[0102]), and to
determine if the total brake torque request exceeds the brake torque capability of the electrical machine (see Fig. 5, step 525; Fig. 6, step 645; [0022]-[0024]),
wherein, the control unit is configured to apply a baseline brake torque by the service brake system if the total brake torque request exceeds the brake torque capability of the electrical machine (see Figs. 3A-3B, all; [0020]-[0021], [0023 "In a case where the first target braking force is greater than the limit regenerative braking force and the driven-wheel-side target distribution braking force is equal to or less than the limit regenerative braking force (hereinafter, called “the case of a second mode”), the regenerative braking force is set to the value of the limit regenerative braking force; the frictional braking force acting on the non-driven wheels is set to a value obtained by subtracting the limit regenerative braking force from the first target braking force; and the frictional braking force acting on the driven wheels is set to zero."]-[0024], [0105 "In the case of the second mode, the regenerative braking force FE is set to the value of the limit regenerative braking force FE1; the rear-wheel hydraulic braking force FBr is set to a value (FT−FE1) obtained by subtracting the limit regenerative braking force FE1 from the target braking force FT; and the front-wheel hydraulic braking force FBf is set to zero."]-[0106], [0119 "...the total braking force (=FE+FBf+FBr) coincident with the target braking force FT,..."]-[0120] and [0122]-[0123]),
wherein the baseline brake torque is configured to compensate for a difference between total brake torque request and brake torque capability of the electrical machine, wherein the baseline brake torque is determined as a difference between the total brake torque request and the brake torque capability of the electrical machine with an added margin torque value (see "limit regenerative braking force"/"FE1", A to A', and B to B' in Figs. 3A-3B, all; [0020 "...issuing an instruction for decreasing the regenerative braking force by an amount corresponding to the degree of easiness of occurrence of a locking tendency of the driven wheels (an instruction for increasing the proportion of the frictional braking force acting on the non-driven wheels)."]-[0021 "...limit-regenerative-braking-force acquisition means for acquiring a limit regenerative braking force, which is a upper limit value of the regenerative braking force (less than an allowable maximum regenerative braking force);..."], [0023 "...the frictional braking force acting on the non-driven wheels is set to a value obtained by subtracting the limit regenerative braking force from the first target braking force;..."]-[0024], [0112], [0119 "...while rendering the total braking force (=FE+FBf+FBr) coincident with the target braking force FT, the value of the limit regenerative braking force FE1 is made smaller than the value of the allowable maximum regenerative braking force FEmax."]-[0120 "That is, when the value of the limit regenerative braking force FE1 is made smaller than the allowable maximum regenerative braking force FEmax, points A and B in FIGS. 3A and 3B move to points A′ and B′ respectively. As a result, as indicated by a broken line in FIG. 3A, when the brake-pedal depressing force Fp is greater than a value Fa′ and equal or less than the value Fb (that is, in the first and second modes), the proportion of the regenerative braking force FE decreases, and the proportion of the rear-wheel hydraulic braking force FBr increases..."] and [0122]-[0123]),
wherein the margin torque value is configured to enable the electrical machine to perform wheel slip control without exceeding maximum torque capability (see [0010], [0018 "As will be described later, examples of the “factor influencing the easiness of occurrence of a locking tendency of the driven wheels” include lateral acceleration of the vehicle, vehicle body lateral direction limit index value, road surface friction coefficient, and road surface gradient. The term “locking tendency” refers to, for example, a state in which slippage in the deceleration direction exceeds a predetermined value."], [0020 "...issuing an instruction for decreasing the regenerative braking force by an amount corresponding to the degree of easiness of occurrence of a locking tendency of the driven wheels (an instruction for increasing the proportion of the frictional braking force acting on the non-driven wheels). As a result, at a point in time when a locking tendency of the driven wheels is detected, the regenerative braking force has already been decreased sufficiently, so that the occurrence of locking of the driven wheels, which would otherwise occur at a later time because of the regenerative braking force, can be suppressed."]-[0021], [0112] and [0122]-[0123 "As described above, the present apparatus changes the limit regenerative braking force FE1 to any value which is equal to or less than the allowable maximum regenerative braking force FEmax in accordance with the likelihood that a locking tendency of the front wheels will occur."]), and
while the control unit is configured and to control wheel slip by the electrical machine brake system if the total brake torque request is below the brake torque capability (see [0022 "In a case where the first target braking force is equal to or lower than the limit regenerative braking force (hereinafter, called “the case of a first mode”), the regenerative braking force is set to the value of the first target braking force; and the frictional braking force acting on the driven wheels and that acting on the non-driven wheels are set to zero."], [0025], [0029 "Accordingly, in the case of the first and second modes, in an early stage before detection of a locking tendency of the driven wheels, the front-rear braking force distribution can be made close to the target distribution by means of, for example, decreasing the limit regenerative braking force by an amount corresponding to the degree of easiness of occurrence of a locking tendency of the driven wheels. As a result, as in the case of the first brake control apparatus of the present invention, the occurrence of locking of the driven wheels, which would otherwise occur at a later time because of the regenerative braking force, can be suppressed."], [0096], [0100 "First, there will be described a case (hereinafter, called “the case of a first mode” (mode=1)) where the target braking force FT determined on the basis of the brake pedal depressing force Fp is equal to or lower than a limit regenerative braking force FE1."], [0101 "In principle, the limit regenerative braking force FE1 is set to a value equal to an allowable maximum regenerative braking force FEmax, which is the maximum value of the regenerative braking force that can be generated at the present time. The limit regenerative braking force FE1, however, can be changed within the range which is equal to or lower than the allowable maximum regenerative braking force FEmax, as described later. The allowable maximum regenerative braking force FEmax is calculated from the value of SOC, the vehicle body speed determined on the basis of the output of the wheel speed sensor 81** (estimated vehicle body speed Vso to be described later), etc. The description will be continued under the assumption that the limit regenerative braking force FE1 is equal to the allowable maximum regenerative braking force FEmax."]-[0102]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the control unit of Treharne to further determine the difference between the total brake torque request and the brake torque capability of the electrical machine with an added margin torque value which is configured to enable the electrical machine to perform wheel slip control without exceeding maximum torque capability, as taught by Kokubo, in order to optimally blend regenerative and friction braking to enable highly efficient collection of electrical energy while suppressing occurrence of driven-wheel locking which would otherwise occur due to regenerative braking force.
Regarding Claim 17
Treharne teaches a vehicle (see Fig. 1, all; [0001] and [0005]) comprising a control unit according to claim 14 (see modified Treharne as discussed above in claim 14).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Treharne (as modified by Kokubo) as applied to claim 1 above, and further in view of Fukasawa et al. (US 6231134 B1 and Fukasawa hereinafter).
Regarding Claim 7
Modified Treharne teaches the method according to claim 1 (as discussed above in claim 1)
Treharne is silent regarding comprising determining the total brake torque request in dependence of an estimated surface friction coefficient μ.
Fukasawa teaches a method for controlling a vehicle brake system of a heavy duty vehicle (see all Figs.; Col. 1, line 45 - Col. 2, line 10), the brake system comprising a service brake system (see "frictional braking device" in Col. 1, line 45 - Col. 2, line 10) and an electrical machine brake system (see "regenerative braking device" in Col. 1, line 45 - Col. 2, line 10), the method comprising:
determining a total brake torque request for braking a wheel of the vehicle (see "total braking torque" in Col. 1, line 57 - Col. 2, line 10, "...total braking torque control means for controlling a total braking torque including at least one of the regenerative braking torque and the frictional braking torque which are applied to each of the plurality of wheels, the total braking torque control means operating, when the total braking torque applied to each of at least one of the plurality of wheels has exceeded an upper limit corresponding to a friction coefficient of a road surface on which the vehicle is running..."),
applying a baseline brake torque by the service brake system if the total brake torque request is below a threshold level (see Col. 1, line 57 - Col. 2, line 2; "A braking system for a motor vehicle having a plurality of wheels which include at least one drive wheel, comprising: a frictional braking device for forcing a friction member onto a rotor rotating with each of the wheels, to thereby apply a frictional braking torque to the each wheel ... total braking torque control means for controlling a total braking torque including at least one of the regenerative braking torque and the frictional braking torque which are applied to each of the plurality of wheels...", the "upper limit" corresponds to the claimed threshold level), and
braking the vehicle solely by the service brake system and controlling wheel slip by the service brake system if the total brake torque request exceeds the threshold level (see Col. 2, lines 2-47; Col. 3, lines 31-42),
comprising determining the total brake torque request in dependence of an estimated surface friction coefficient μ (see Col. 2, lines 1-6, "...the frictional braking torque which are applied to each of the plurality of wheels, the total braking torque control means operating, when the total braking torque applied to each of at least one of the plurality of wheels has exceeded an upper limit corresponding to a friction coefficient of a road surface on which the vehicle is running..."; Col. 19, lines 50-55).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the process of modified Treharne to determine the total brake torque request in dependence of an estimated surface friction coefficient, as taught by Fukasawa, in order to control braking of the vehicle solely by the service brake system and wheel slip by the service brake system when a total braking torque threshold is exceeded.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Treharne (as modified by Kokubo) as applied to claim 1 above, and further in view of Furuyama (US 20160272176 A1 and Furuyama hereinafter).
Regarding Claim 9
Modified Treharne teaches the method according to claim 1 (as discussed above in claim 1)
Treharne is silent regarding comprising configuring a wheel slip limit of the service brake above a wheel slip limit of the electrical machine.
Furuyama teaches a method for controlling a vehicle brake system of a heavy duty vehicle (see all Figs.; [0006]-[0008]), the brake system comprising a service brake system (see "service brake"/"another braking apparatus"/"hydraulic brake" in [0009] and [0053]) and an electrical machine brake system (see "regenerative braking apparatus" in [0007]-[0009] and [0053]), the method comprising:
determining a total brake torque request for braking a wheel of the vehicle (see "required braking torque" in [0009] and [0053 "The comprehensive ABS control unit 60 a controls the hydraulic control unit 3 based on the braking torque by which the minimum required torque is short of the required braking torque for the front wheel. Further, the hydraulic ABS control unit 60 b controls the braking torque for the rear wheel based on the required braking torque for the rear wheel, which is not the regenerative wheel."]),
comprising configuring a wheel slip limit of the service brake above a wheel slip limit of the electrical machine (see [0053 "If both the regenerative braking torque and the hydraulic braking torque are applied before the ABS control intervenes, a second slip rate, which is a slip rate of the wheel for triggering the intervention of the regenerative ABS control unit 63 a in the anti-lock control (control for reducing the regeneration), is set to a smaller value than a first slip rate, which is a slip rate of the wheel for triggering the intervention of the hydraulic ABS control unit 60 b in the anti-lock control (control for reducing the hydraulic pressure). In other words, the second embodiment is configured to start from reducing the regenerative braking torque when the ABS control intervenes."], [0067] and [0080]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the process of modified Treharne to configure a wheel slip limit of the service brake above a wheel slip limit of the electrical machine, as taught by Furuyama, in order to reduce the regenerative braking torque generated by the electrical machine before reducing the hydraulic braking torque generated by the service brake when ABS control intervenes, thus ensuring that the tranquility is maintained when the ABS control intervenes.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Treharne (as modified by Kokubo) as applied to claim 1 above, and further in view of Lloyd (US 20120319464 A1 and Lloyd hereinafter).
Regarding Claim 10
Modified Treharne teaches the method according to claim 1 (as discussed above in claim 1),
Treharne is silent regarding wherein the brake torque capability of the electrical machine is at least partly determined in dependence of a temporary peak torque available from the electrical machine.
Lloyd teaches a method for controlling a vehicle brake system of a heavy duty vehicle (see all Figs; [0004]-[0006]), the brake system comprising a service brake system (see "air brake"/"foundation brake" in [0004]-[0005] and [0028]-[0029]) and an electrical machine brake system (see "regenerative brake" in [0004], [0006] and [0028]-[0029]), the method comprising:
determining a total brake torque request for braking a wheel of the vehicle (see "requested brake pressure" in [0006] and [0028 "An electronic control unit 66 receives the vehicle operator brake pressure request, i.e. a treadle pressure input signal 68, and compares the requested brake pressure to an available amount of regenerative brake torque that can be provided by an alternative power source 70, such as an electric generator for example."]-[0029]),
obtaining a brake torque capability of the electrical machine (see "available amount of regenerative brake torque" in [0006] and [0028 "A determination of available regenerative braking can take into account parameters such as vehicle speed, passenger ride preference, the brake request, the regenerative capacity of the vehicle, energy storage state-of-charge or equivalent, and various powertrain and engine characteristics."]-[0029]),
determining if the total brake torque request exceeds the brake torque capability of the electrical machine (see [0006] and [0028]-[0029 "The control unit 66 determines the available regenerative braking torque and determines a supplemental foundation brake level based on the brake torque output and the available regenerative braking torque. This torque requirement is translated back to a reduced brake application pressure by the electronic control unit 66 and is delivered by the pressure regulator 64 from the reservoir to the wheel brakes via relay valve 52 and the air chambers 24. For example, if the request is 1000 Nm and the available regenerative torque is 200 Nm, then the foundation brakes will supply the remaining 800 Nm."]), and
applying a baseline brake torque by the service brake system if the total brake torque request exceeds the brake torque capability of the electrical machine (see "foundation brake pressure"/"supplemental foundation brake level" in [0006] and [0028]-[0029 "The control unit 66 determines the available regenerative braking torque and determines a supplemental foundation brake level based on the brake torque output and the available regenerative braking torque. This torque requirement is translated back to a reduced brake application pressure by the electronic control unit 66 and is delivered by the pressure regulator 64 from the reservoir to the wheel brakes via relay valve 52 and the air chambers 24. For example, if the request is 1000 Nm and the available regenerative torque is 200 Nm, then the foundation brakes will supply the remaining 800 Nm."]),
wherein the baseline brake torque is configured to compensate for a difference between total brake torque request and brake torque capability of the electrical machine (see [0006] and [0028]-[0029 "For example, if the request is 1000 Nm and the available regenerative torque is 200 Nm, then the foundation brakes will supply the remaining 800 Nm."]),
wherein the baseline brake torque is determined as a difference between the total brake torque request and the brake torque capability of the electrical machine (see [0006] and [0028]-[0029 "For example, if the request is 1000 Nm and the available regenerative torque is 200 Nm, then the foundation brakes will supply the remaining 800 Nm."]),
wherein the brake torque capability of the electrical machine is at least partly determined in dependence of a temporary peak torque available from the electrical machine (see [0028 "Although an exemplary embodiment is described in which the electronic control unit 66 determines an ‘available regenerative braking’ it is to be understood the electronic control unit can determine a target regenerative braking level based on based on vehicle parameters that is less the maximum available regenerative braking level and control the vehicle based on the target regenerative braking level. For example, the target regenerative braking level may be less than the available regenerative braking during transient conditions such as a shift event."]-[0029]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the process of modified Treharne to determine the brake torque capability of the electric machine in dependence of a temporary peak torque available from the electrical machine, as taught by Lloyd, in order to account for transient conditions such as a shift event.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANNER LUKE CULLEN whose telephone number is (303)297-4384. The examiner can normally be reached Monday-Friday 9:00-5:00 MT.
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/TANNER L CULLEN/Examiner, Art Unit 3656
/KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
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