FORD GLOBAL TECHNOLOGIES, LLCDownload PDFPatent Trials and Appeals BoardOct 21, 202014831405 - (D) (P.T.A.B. Oct. 21, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/831,405 08/20/2015 Felix Weinreich 83555044 1029 117396 7590 10/21/2020 FGTL/Burgess Law Office, PLLC P.O. Box 214320 Auburn Hills, MI 48321-4320 EXAMINER HOLWERDA, STEPHEN ART UNIT PAPER NUMBER 3664 MAIL DATE DELIVERY MODE 10/21/2020 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte FELIX WEINREICH, FRANK PETER ENGELS, JENS DORNHEGE, and GOETZ-PHILLIPP WEGNER Appeal 2020-001556 Application 14/831,405 Technology Center 3600 Before JENNIFER D. BAHR, EDWARD A. BROWN, and ERIC C. JESCHKE, Administrative Patent Judges. BAHR, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–7, 9, 11, and 12. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 We use the term “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as Ford Global Technologies, LLC. Appeal Br. 1. Appeal 2020-001556 Application 14/831,405 2 CLAIMED SUBJECT MATTER Appellant’s invention is directed to “a method and apparatus for limiting torque demands of a steering-assistance device.” Spec. ¶ 3. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A method for limiting steering assistance torque comprising: providing at least one sensor obtaining vehicle operating parameters; providing a steering assist device, said steering assist device generating an assistance-torque demand based on vehicle speed; establishing a vehicle operating parameter limit criterion independent of vehicle speed using a characteristic map of a rate of change of steering wheel angle and a manual torque applied by a vehicle operator and determining whether a violation of the limit criterion exists based on said characteristic map; examining the manual torque applied by the vehicle operator and the rate of change of the steering wheel angle and providing a transient assistance-torque limit when a violation of the limit criterion occurs; and limiting the assistance-torque demand based on the transient assistance-torque limit. REFERENCE The prior art relied upon by the Examiner is: Name Reference Date Krieger US 2007/0062755 A1 Mar. 22, 2007 REJECTION Claims 1–7, 9, 11, and 12 stand rejected under 35 U.S.C. § 102(a)(1) as anticipated by Krieger. Appeal 2020-001556 Application 14/831,405 3 OPINION Independent claim 1 recites a method comprising, in pertinent part, “establishing a vehicle operating parameter limit criterion independent of vehicle speed using a characteristic map of a rate of change of steering wheel angle and a manual torque applied by a vehicle operator and determining whether a violation of the limit criterion exists based on said characteristic map.” Appeal Br. 11 (Claims App.). Claim 12, which is the only other independent claim, recites a motor vehicle steering system comprising, in relevant part, “a characteristic map of the rate of change of the steering wheel angle plotted over a manual torque applied by the vehicle operator and not including said vehicle parameter used for generating said assistance-torque demand.” Appeal Br. 14 (Claims App.) (emphasis added). The Examiner finds that Krieger discloses a system as recited in claim 1, including, in pertinent part: establishing a vehicle operating parameter limit criterion (as per 404, 308) independent of vehicle speed using a characteristic map of a rate of change of steering wheel angle (as per 44) and a manual torque applied by a vehicle operator (as per 50) and determining whether a violation of the limit criterion exists based on said characteristic map (Figs. 3-4; ¶0022-0025). Final Act. 2–3. The Examiner also finds that Krieger discloses a system as recited in claim 12, including, in relevant part: a characteristic map (as per 402, 308) of the rate of change of the steering wheel angle (as per 44) plotted over a manual torque applied by the vehicle operator (as per 50) and not including said vehicle parameter (as per 42) used for generating said assistance-torque demand (302) (Figs. 1-4; ¶0016-0025). Appeal 2020-001556 Application 14/831,405 4 Final Act. 4–5. Appellant contends: The Examiner has not sufficiently mapped the disclosure of Krieger to the limitation of claim 1 requiring a characteristic map of a rate of change of steering wheel angle and a manual torque applied by a vehicle operator and determining whether a violation of the limit criterion exists based on the characteristic map. Appeal Br. 6. Similarly, Appellant argues that “[t]he Examiner cites no structure from Krieger corresponding to the characteristic map element of claim 12,” and particularly “to the limitation in claim 12 that the characteristic map is the rate of change of steering wheel angle plotted over a manual torque applied by the vehicle operator.” Id. at 9–10. In response, the Examiner explains that Krieger compares handwheel velocity and vehicle steering wheel torque to “values defined by characteristic maps (as per ‘HW VELOCITY DEPENDENT SCALE FACTOR’ and ‘TORQUE DEPENDENT SCALING’ in Fig. 4) (Figs. 3-4; ¶22-25)” and, based on this comparison, determines an appropriate scale factor due to handwheel velocity and an appropriate scale factor due to handwheel torque. Ans. 4–5. With respect to the limitation of claim 12 that the characteristic map is the rate of change of steering wheel angle plotted over a manual torque applied by the vehicle operator, the Examiner states that “the rejection identifies scale factors (402/404, 308) for supplying the active damping torque signal (72) by comparing data as per sensor signals (44, 50) with data as per the maps illustrated in Figure 4.” Id. at 15. Appellant asserts that, consistent with Appellant’s Specification, “the term ‘characteristic map’” requires “two independent values or variables.” Appeal 2020-001556 Application 14/831,405 5 Reply Br. 2. According to Appellant, “[a] map is a relation between two sets, for example, a mathematical correspondence that assigns one element of one set to an element of another set.” Id. (citing Spec. ¶ 20; Fig. 1). Appellant points out that the Examiner finds that Krieger “discloses at least two characteristic maps” — “‘HW VELOCITY DEPENDENT SCALE FACTOR’ and ‘TORQUE DEPENDENT SCALING.’” Id. at 2–3. Appellant contends that “Krieger maps handwheel torque with a scale factor and handwheel velocity with a scale factor,” but that “Krieger does not map handwheel velocity with handwheel torque.” Id. at 3. For the reasons that follow, Appellant’s argument is persuasive. The description of a “characteristic map” in paragraph 20 of Appellant’s Specification and the illustration in Appellant’s Figure 1 of a plot of the time derivative of the steering wheel angle over manual torque applied by the operator support Appellant’s asserted construction of “characteristic map” as requiring a relation between two sets of values of independent variables. Thus, a characteristic map of a rate of change of steering wheel angle and a manual torque applied by a vehicle operator requires a relation between a set of values of rate of change of steering wheel angle and a set of values of manual torque applied by the operator. Krieger, on the other hand, does not disclose a map of rate of change of steering wheel angle (i.e., handwheel velocity) and a manual torque applied by the operator (i.e., handwheel torque) as called for in claim 1, much less a map of the rate of change of the steering wheel angle plotted over a manual torque applied by the vehicle operator as called for in claim 12. Rather, at best, Krieger discloses a first map of handwheel velocity dependent scale factor and handwheel velocity (i.e., handwheel velocity Appeal 2020-001556 Application 14/831,405 6 dependent scale factor plotted over handwheel velocity) and a second map of handwheel torque dependent scaling factor and handwheel torque (i.e., handwheel torque dependent scaling factor plotted over handwheel torque). See Krieger, Fig. 4; ¶¶ 24–25. Indeed, the wording of the Examiner’s finding reveals that this is the case by referring to “characteristic maps” in the plural (HW VELOCITY DEPENDENT SCALE FACTOR and TORQUE DEPENDENT SCALING), rather than to a characteristic map. Ans. 4 (emphasis added). In order to compute active damping torque 72, Krieger multiplies the vehicle speed dependent damping value 302 by a product of handwheel velocity and handwheel dependent scale factor 402 to produce intermediate damping torque signal 406, and then multiples intermediate damping torque signal 406 by handwheel torque dependent scale factor 308. Krieger, Fig. 4; ¶¶ 24–25. Krieger does not map or correlate handwheel velocity and handwheel torque to one another, much less plot handwheel velocity over handwheel torque. For the above reasons, the Examiner fails to establish by a preponderance of the evidence that Krieger anticipates the subject matter of independent claim 1 or independent claim 12. Moreover, we agree with Appellant that the Examiner fails to identify in Krieger a disclosure of determining whether a violation of the limit criterion exists based on the characteristic map, as recited in claim 1. With respect to this limitation, the Examiner cites Figures 3–4 and paragraphs 22– 25 of Krieger. Final Act. 3. The Examiner does not specifically pinpoint where, in Figures 3 and 4 and in paragraphs 22–25, Krieger discloses determining whether a violation of the limit criterion exists based on the Appeal 2020-001556 Application 14/831,405 7 characteristic map, and we do not discern such disclosure in these portions of Krieger. The only additional explanation that the Examiner offers is that “the rejection identifies scale factors (404, 308) for initiating active damping under specified circumstances by comparing data as per sensor signals (44, 50) with data as per the maps illustrated in Figure 4.” Ans. 12. This explanation is not sufficiently illuminating to identify a disclosure of determining whether a violation exists. For this additional reason, the Examiner fails to establish by a preponderance of the evidence that Krieger anticipates the subject matter of independent claim 1. Accordingly, we do not sustain the rejection of independent claims 1 and 12, or of claims 2–7, 9, and 11, which depend from claim 1, as anticipated by Krieger. CONCLUSION The Examiner’s decision to reject claims 1–7, 9, and 11–12 is REVERSED. DECISION SUMMARY Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–7, 9, 11, 12 Krieger 1–7, 9, 11, 12 REVERSED Copy with citationCopy as parenthetical citation