Ex Parte MatsunoDownload PDFBoard of Patent Appeals and InterferencesSep 11, 200910953350 (B.P.A.I. Sep. 11, 2009) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte KOJI MATSUNO ____________ Appeal 2009-004775 Application 10/953,350 Technology Center 3600 ____________ Decided: September 11, 2009 ____________ Before JAMESON LEE, RICHARD TORCZON and SALLY C. MEDLEY, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. DECISION ON APPEAL Appeal 2009-004775 Application 10/953,350 2 A. STATEMENT OF THE CASE Fuji Jukogyo Kabushiki Kaisha [hereinafter Fuji], the real party in interest, seeks review under 35 U.S.C. § 134(a) of a Final Rejection of claims 1-6 and 13-18. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. References Relied on by the Examiner Sano 5,826,951 Oct. 27, 1998 Rejections on Appeal The Examiner rejected claims 1-6 and 13-18 under 35 U.S.C. § 102(b) as anticipated by Sano. The Invention Fuji discloses a vehicle motion control device that includes a lateral acceleration sensor, a controllable variable operational unit and a vehicle behavior control unit. The controllable variable operational unit calculates a value of a yaw moment (MzΘ) and controllable variables including at least the yaw moment (MzΘ). The controllable variable operational unit calculates a reference lateral acceleration (d2yr/dt2) from at least a lateral acceleration (d2y/dt2) to be operated, based on a linear vehicle motion model from a driving state of the vehicle (Gy·ΘΗ) and a preset coefficient (kμ) according to the driving state of the vehicle. A difference (d2ye/dt2) between the reference lateral acceleration (d2yr/dt2) and a detected actual lateral acceleration (d2y/dt2) is determined for a correction value (Ky·(d2ye/dt2)) of the value of the yaw moment (MzΘ). (Spec. 6-15; figs. 5A, 5B.) Appeal 2009-004775 Application 10/953,350 3 Claim 1, reproduced from the Claims Appendix of the Appeal Brief, reads as follows: A vehicle motion control device comprising: a lateral acceleration sensor that detects an actual lateral acceleration; a controllable variable operational unit to calculate a value of a yaw moment required for controlling, and to calculate controllable variables including at least the yaw moment; and a vehicle behavior control unit to control vehicle behaviors based on the controllable variables, wherein the controllable variable operational unit calculates a reference lateral acceleration from at least a lateral acceleration to be operated, based on a linear vehicle motion model from a driving state of the vehicle and a preset coefficient according to the driving state of the vehicle, and uses a difference between the reference lateral acceleration and a detected actual lateral acceleration for a correction value of the value of the yaw moment. (App. Br. 14, Claims App’x.) B. ISSUES 1. Has Fuji shown that the Examiner incorrectly found that Sano describes calculating a reference lateral acceleration from at least a lateral acceleration to be operated, based on a linear vehicle motion model from a driving state of the vehicle and a preset coefficient according to the driving state of the vehicle? C. FINDINGS OF FACT 1. Sano describes vehicle motion control operations including yaw moment control, traction control, ABS (anti-skid brake system) Appeal 2009-004775 Application 10/953,350 4 control and braking force allocation control. (Sano col. 6, ll. 39-43; fig. 2.) 2. An ECU (electronic control unit) is connected to and receives input from various sensors and controls the operations of a hydraulic unit and a cutoff valve unit associated with the vehicle brake system based on the sensor inputs and the vehicle motion control operations. (Sano col. 5, l. 19-col. 6, l. 39; figs. 1, 2.) 3. The yaw moment control operation utilizes a calculation of the required yaw moment (γd). (Sano col. 13, l. 21-col. 15, l. 25; col. 17, ll. 25-35; col. 18, l. 52-col. 19, l. 9; col. 20, ll. 26-44; figs. 3, 10-13, 23, 25, 26.) 4. An average lateral acceleration (GYA) is determined by low pass filtering the absolute value of the lateral acceleration (GY) acting on the vehicle body. (Sano col. 15, ll. 1-5; fig. 13: step S508.) 5. A reference lateral acceleration (GYR) is calculated in accordance with the vehicle body velocity (VB). (Sano col. 15, ll. 9-11; fig. 13: step S509.) 6. Sano describes, referring to figure 14 below, that a map has been stored in advance in the ECU memories and the reference lateral acceleration (GYR) is read from the map based on the vehicle body velocity (VB). (Sano col. 15, ll. 11-14.) Appeal 2009-004775 Application 10/953,350 5 Sano’s figure 14 is reproduced below: Figure 14 shows a graph relating reference lateral acceleration to vehicle body velocity. D. ANALYSIS Independent claim 1 is representative and recites (disputed limitations in italics): “[a] vehicle motion control device comprising: a lateral acceleration sensor . . . ; a controllable variable operation unit . . . ; and a vehicle behavior control unit . . . , wherein the controllable variable operational unit calculates a reference lateral acceleration from at least a lateral acceleration to be operated, based on a linear vehicle motion model from a driving state of the vehicle and a preset coefficient according to the driving state of the vehicle . . . .” (App. Br. 14, Claims App’x.) The Examiner finds that “Sano uses a ‘model’ of vehicle motion represented as a map (Fig. 14) which relates a linear motion of the vehicle (i.e., various vehicle speeds VB) and preset coefficient(s) (GYR) to obtain a reference lateral acceleration based on the driving state of the vehicle (i.e., speed).” (Ans. 3-4)(citing Sano col. 15, ll. 9-18, fig. 14). Fuji argues that instead of describing the disputed limitations, Sano describes a map stored in an ECU (electronic control unit) and Appeal 2009-004775 Application 10/953,350 6 the reference lateral acceleration (GYR) is read from the map based on the vehicle body velocity (VB). (App. Br. 6; Reply Br. 3)(citing Sano col. 15, ll. 9-18). The Examiner’s findings appear to address the following of the disputed limitations: (1) “calculates a reference lateral acceleration . . . ” ; (2) “linear vehicle motion model from a driving state of the vehicle . . . “; and (3) “preset coefficient according to the driving state of the vehicle . . .”. However, the Examiner has not apparently accounted for the “lateral acceleration to be operated”. Additionally, the Examiner’s finding that Sano’s GYR corresponds to the claimed “preset coefficient” and also the reference lateral acceleration is not reasonable and is inconsistent with Sano’s description. Sano describes GYR as the reference lateral acceleration which is calculated in accordance with body velocity (VB); it is read from a pre-stored map based on the vehicle body velocity (VB). (Sano col. 15, ll. 9-14; fig. 13: step S508; fig. 14.) The Examiner has not sufficiently explained how Sano’s reference lateral acceleration (GYR) is calculated based on the vehicle speed (VB) and (GYR) itself as the preset coefficient. The Examiner’s finding in this regard is not reasonable. It does not make sense that the reference lateral acceleration (GYR) can be both a preset coefficient and the value being calculated based on that same preset coefficient. Since the Examiner has not articulated how the described elements meet the disputed limitations and it is not apparent to us how that is so, the rejection cannot be sustained. Appeal 2009-004775 Application 10/953,350 7 For all these reasons, the Examiner incorrectly determined that claims 1-6 and 13-18 are anticipated by Sano. E. CONCLUSIONS 1. The Examiner incorrectly found that Sano describes calculating a reference lateral acceleration from at least a lateral acceleration to be operated, based on a linear vehicle motion model from a driving state of the vehicle and a preset coefficient according to the driving state of the vehicle. F. ORDER The decision of the Examiner rejecting claims 1-6 and 13-18 under 35 U.S.C. § 102(b) as anticipated by Sano is reversed. REVERSED KMF MCGINN INTELLECTUAL PROPERTY LAW GROUP, PLLC 8321 OLD COURTHOUSE ROAD SUITE 200 VIENNA, VA 22182-3817 Copy with citationCopy as parenthetical citation