Ex Parte Matsuno

Board of Patent Appeals and Interferences

Sep 11, 2009

10953350 (B.P.A.I. Sep. 11, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte KOJI MATSUNO
____________

Appeal 2009-004775
Application 10/953,350
Technology Center 3600
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Decided: September 11, 2009
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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

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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.)
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Application 10/953,350

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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)
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Application 10/953,350

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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.)
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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
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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.

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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

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