Ex Parte Yanakiev et al

Patent Trial and Appeal Board

Aug 30, 2016

13617788 (P.T.A.B. Aug. 30, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/617,788 09/14/2012
28395 7590 09/01/2016
BROOKS KUSHMAN P,CJFG1L
1000 TOWN CENTER
22NDFLOOR
SOUTHFIELD, MI 48075-1238
FIRST NAMED INVENTOR
Diana Y anakiev
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
83237784 1082
EXAMINER
JABR, FADEY S
ART UNIT PAPER NUMBER
3668
NOTIFICATION DATE DELIVERY MODE
09/01/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
docketing@brookskushman.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte DIANA Y ANAKIEV,
GREGORY MICHAEL PIETRON, YUJI FUJII,
STEFANO DI CAIRANO, JOSEPH F. KUCHARSKI,
and BRADLEY DEAN RIEDLE
Appeal2014-009388
Application 13/617,788
Technology Center 3600
Before JAMES P. CAL VE, LEE L. STEPINA, and SEAN P. O'HANLON,
Administrative Patent Judges.
CAL VE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from the final rejection of
claims 1-18. Appeal Br. 1. We have jurisdiction under 35 U.S.C. § 6(b ).
We REVERSE.
Appeal2014-009388
Application 13/617,788
CLAIMED SUBJECT MATTER
Claims 1, 9, and 14 are independent. Claim 1 is reproduced below.
1. A method of controlling a transmission comprising:
commanding supplying a fluid at a pressure to engage a
clutch;
periodically adjusting the pressure in proportion to an
input torque value based on a coefficient of proportionality
between pressure and torque; and
in response to a signal indicating slip of the clutch,
increasing the coefficient of proportionality such that the
pressure is increased for all positive input torque values.
REJECTION 1
Claims 1-18 are rejected under 35 U.S.C. § 103(a) as unpatentable
over Lockhart (US 4,706,790, iss. Nov. 17, 1987) and Dourra (US 6,022,293,
iss. Feb. 8, 2000).
ANALYSIS
Claims 1-18 as unpatentable over Lockhart and Dourra
The Examiner found that Lockhart teaches a method, a transmission,
and a transmission controller substantially as recited in independent claims
1, 9, and 14, except for inputting measured torque values. Final Act. 5---6,
10---13, 16---18. The Examiner found that Dourra discloses that transmission
input torque values and transmission line pressure for minimum clutch
engagement control are based on measured pressure and torque. Id. at 6---7,
13, 18. The Examiner determined that it would have been obvious to use
Dourra's fast response transmission pressure controls in Lockhart to improve
vehicle efficiency and operate at minimum line pressure. Id. at 7, 13, 18.
1 The rejection of claims 1-8 under 35 U.S.C. § 101 was withdrawn. See
Ans. 2-3 (discussing the "machine or transformation test").
2
Appeal2014-009388
Application 13/617,788
Regarding the claimed coefficient of proportionality between pressure
and torque, the Examiner found that Lockhart discloses a proportional gain
term that produces pressure changes for steady state engine torque and an
integral gain term when engine steady state torque changes. Id. at 5---6. The
Examiner found that Lockhart teaches the step of increasing this coefficient
as trace 234, which represents a positive slope for any given slip value
needed to change net pressure. Id. at 6. The Examiner found that Lockhart
also will regulate engine torque with a proportional gain term responsive to
transient slip speed deviations and an integral term responsive to steady state
slip speed deviations to control line pressure and thereby improve control of
clutch slip. Ans. 4--5.
Appellants argue that neither Lockhart nor Dourra teaches "increasing
the coefficient of proportionality" between pressure and torque. Appeal Br.
3--4. Appellants argue that Lockhart only teaches a proportional relationship
between pressure and torque for clutch gain, which is a physical property of
the system, and therefore it is not modifiable by Lockhart's controller. Id. at
4; Reply Br. 2. Appellants also argue that the proportional and integral gain
terms of Lockhart are not disclosed to be between pressure and torque and
therefore do not correspond to the claimed coefficient of proportionality,
which is recited to be between pressure and torque. Reply Br. 2, 3.
The Examiner has not established by a preponderance of evidence that
Lockhart discloses the step of increasing the coefficient of proportionality
between pressure and torque in response to a clutch slip signal or event, as
recited in independent claims 1, 9, and 14. The finding that Lockhart adjusts
line pressure in proportion to engine torque does not address how Lockhart
adjusts a coefficient of proportionality between torque and pressure.
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Appeal2014-009388
Application 13/617,788
Appellants disclose that the torque capacity of a clutch (the amount of
torque a clutch can transmit) is a function of the hydraulic pressure supplied
to the clutch (line pressure). Spec. i-f 22. The relationship between pressure
and torque capacity is approximately linear with a proportional term and a
constant term that are dictated by physical characteristics of the clutch, and
some of these characteristics may fluctuate during operation. Id.
Appellants also disclose that the line pressure is calculated as a linear
function of the maximum anticipated input torque where constant term 62 is
a predetermined value based on the pressured required for a clutch to begin
transmitting torque and varies for different clutches. Id. i-f 25. Appellants
further disclose that the slope of the linear function is dictated by the slopes
of the torque capacity functions for the engaged clutches in the current gear
ratio and the ratio of clutch torque to input torque for each of these clutches
in the current gear ratio. Id. Because torque capacity functions fluctuate
during operation, the slope of the linear function is determined adaptively.
Id. If clutch slippage is detected, the initial estimated slope (predetermined
nominal slope 70) is increased incrementally (step 66). Id. i-f 26. Appellants
thus teach that the slope of the linear relationship between torque input from
engine 12 and the line pressure to transmission 10 may be increased from a
nominal slope 70 if clutch slip is detected.
Although Lockhart may be understood to disclose a relationship
between torque and pressure as it relates to controlling slip speed, the
Examiner has not explained sufficiently how that relationship is defined by a
coefficient of proportionality that is between pressure and torque, and that is
increased in response to detection of the slip of a clutch, as recited in claims
1, 9, and 14.
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Appeal2014-009388
Application 13/617,788
DECISION
We REVERSE the rejection of claims 1-18. 2
REVERSED
2 Should there be further prosecution of this application (including any
review for allowance), the Examiner may wish to review the claims for
compliance under 35 U.S.C. § 101 in light of the recent guidance on patent
eligible subject matter. See 2014 Interim Guidance on Patent Subject Matter
Eligibility, 79 Fed. Reg. 74618 (Dec. 16, 2014); "Preliminary Examination
Instructions in view of the Supreme Court Decision in Alice Corporation
Pty. Ltd. v. CLS Bank International, et al. " Memorandum to the Examining
Corps, June 25, 2014; see also July 2015 Update on Subject Matter
Eligibility, 80 Fed. Reg. 45429 (July 30, 2015).
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