IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Patent Application No. 11/410,648
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`Confirmation No. 4512
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`Applicant: LeRoy G. Hagenbuch
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`Filed: April 25, 2006
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`TC/AU: 3661
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`Examiner: CAMBY, RICHARD M.
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`Docket No.: 226239
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`Customer No.: 23460
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`Commissioner for Patents
`PO. Box 1450
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`Alexandria, VA 22313-1450
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`Sir:
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`REPLY TO OFFICE ACTION
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`In reply to the Office Action dated January 28, 2009, please enter the following
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`amendments and consider the following remarks.
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`Amendments to the Claims are reflected in the listing of claims which begins on page 2 of
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`this paper.
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`Remarks/Arguments begin on page 8 of this paper.
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`Application No.1 1/410,648
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`Reply to Office Action
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`AMENDMENTS T0 THE CLAIMS
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`Claims 1—12 (Canceled)
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`13.
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`(Currently Amended) A method for detecting a crash of a land vehicle, the
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`method comprising:
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`monitoring one or more vehicle parameters and providing values of the parameters;
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`detecting a crash of the vehicle; and
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`capturing values of the one or more vehicle parameters after the crash is detected; and
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`automatically downloading at least some of the values to a remote location in
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`response to the detection of the crash.
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`14.
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`(Currently Amended) The method of claim 13 including broadcasting a
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`distress signal in response to detecting [[a]] E crash.
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`15.
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`(Previously Presented) The method of claim 13 including recording a duration
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`of time that the vehicle is moving after a crash is detected.
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`16.
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`(Previously Presented) The method of claim 13 wherein detecting the crash of
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`the vehicle includes detecting a sudden acceleration or deceleration.
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`17.
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`(Previously Presented) The method of claim 13 including recording a time the
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`crash occurred.
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`18.
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`(Previously Presented) The method of claim 13 wherein the downloading of
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`the values includes transmitting the values as electromagnetic signals.
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`19.
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`(Previously Presented) The method of claim 13 wherein the vehicle
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`parameters are selected from the group consisting of: engine RPM, engine throttle position,
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`engine fuel consumption, drive wheel RPM, speed and distance readings, ground speed,
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`vehicle inclination, angle of turn, rate of turn, vehicle braking, a status of an operator's seat
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`belt, vehicle direction, tire pressure or dump of a load.
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`Application No.1 1/410,648
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`Reply to Office Action
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`20.
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`(Currently Amended) A method for monitoring information about a vehicle,
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`the method comprising:
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`monitoring one or more vehicle parameters and capturing providing data indicative of
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`a status of at least one vehicle parameter;
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`determining whether the vehicle has been involved in a crash; and
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`continuing to capture the data after determining the vehicle has been involved in a
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`crash; and
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`automatically transmitting a signal from the vehicle to a remote location in response
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`to a determination that the vehicle has been involved in a crash.
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`21.
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`(Previously Presented) The method of claim 20 including downloading at least
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`some of the data to a remote location in response to a determination that the vehicle has been
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`involved in a crash.
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`22.
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`(Previously Presented) The method of claim 21 wherein the data is included in
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`the signal automatically transmitted in response to the crash.
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`23.
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`(Previously Presented) The method of claim 20 wherein the monitoring of one
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`or more vehicle parameters and providing data indicative of the status of at least one vehicle
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`parameter includes monitoring a status of one or more occupant protection devices and
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`providing a status thereof.
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`24.
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`(Previously Presented) The method of claim 23 wherein monitoring the status
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`of one or more occupant protection devices and providing the status thereof includes
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`monitoring and providing a status of at least one seat belt.
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`25.
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`(Previously Presented) The method of claim 20 including alerting personnel at
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`the remote location that aid may be required.
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`26.
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`(Previously Presented) The method of claim 25 wherein alerting personnel at
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`the remote location that aid may be required is automatic and in response to the determination
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`that the vehicle has been involved in a crash.
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`27.
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`(Previously Presented) The method of claim 20 wherein the signal is a distress
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`signal.
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`28.
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`(Previously Presented) The method of claim 20 wherein the one or more
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`vehicle parameters are selected from a group comprising: (1) engine oil temperature, (2)
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`engine oil pressure, (3) engine coolant level, (4) engine crankcase pressure, (5) engine fuel
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`pressure, (6) transmission oil temperature, (7) transmission oil level, (8) differential oil
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`temperature, (9) differential oil level, (10) current amperes to drive motor, (11) drive motor
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`temperature, (12) acceleration/deceleration, (l3) tire air pressure, (14) engine RPM, (15)
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`throttle position, (16) engine fuel consumption, (17) distance traveled, (18) drive wheel rpm,
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`(1 9) non—driven tire rpm, (20) ground speed, (21) inclination of the vehicle, (22) angle of a
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`turn, (23) rate of turning the steering wheel, (24) position of a steering wheel, (25) status of
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`braking, (26) status of an occupant protection device, (27) status of a seat belt, (28) status of a
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`crash sensor, (29) direction of the vehicle, (30) weight of a load and (31) position of a dump
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`body.
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`29.
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`(Cancelled)
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`3 0.
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`(Cancelled)
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`31.
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`(Cancelled)
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`3 2.
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`(Cancelled)
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`3 3 .
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`(Cancelled)
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`34.
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`(Cancelled)
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`35.
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`(Cancelled)
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`36.
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`(Cancelled)
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`Reply to Office Action
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`37.
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`(Cancelled)
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`3 8.
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`(Cancelled)
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`39.
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`(Cancelled)
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`40.
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`(Cancelled)
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`41.
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`(New) A method for remotely diagnosing a condition of a vehicle, the method
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`comprising:
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`collecting information about vital signs of the vehicle as the vehicle is being operated,
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`including tire pressure;
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`downloading at least some of the vital signs information to a remote location as the
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`information is collected in order to provide for remote diagnostics of the vehicle;
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`collecting information about one or more working condition of the vehicle as the
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`vehicle is being operated, including a speed of the vehicle;
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`detecting a collision of the vehicle; and
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`automatically transmitting information indicative of an occurrence of the collision and
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`of a maximum speed of the vehicle immediately prior to the collision.
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`42.
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`(New) The method of claim 41 wherein capturing information that indicates
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`the maximum speed of the vehicle prior to the collision includes determining a speed of the
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`vehicle when brakes are applied.
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`43.
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`(New) The method of claim 42 including capturing information after detection
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`of the collision for use in diagnosing the collision.
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`44.
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`(New) The method of claim 43 including transmitting the captured
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`information with the information indicative of the occurrence of the collision and of the
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`maximum speed of the vehicle prior to the collision.
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`45.
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`(New) The method of claim 41 including providing to a operator of the vehicle
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`information for taking corrective action based on abnormalities in the vital sign and working
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`condition information.
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`46.
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`(New) The method of claim 41 including monitoring a condition of a vehicle
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`operator safety device.
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`47.
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`(New) The method of claim 46 wherein the condition of the vehicle operator
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`safety device is included in the automatically transmitted information.
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`48.
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`(New) The method of claim 13 wherein the crash of the vehicle is detected by
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`a deceleration of the vehicle.
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`49.
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`(New) The method of claim 13 wherein the values of one or more vehicle
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`parameters automatically downloaded in response to the detection of the crash provide
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`information incicative of a severity of the crash.
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`50.
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`(New) The method of claim 20 wherein the data is captured after determining
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`the vehicle has been involved in a crash and until the vehicle is substantially at rest.
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`51.
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`(New) A method for recording operation of a vehicle, the method comprising:
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`monitoring positions of a throttle for an engine for the vehicle;
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`detecting a collision of the vehicle; and
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`capturing data recording one or more positions of the throttle preceeding the detection
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`of the collision.
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`52.
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`(New) The method of claim 51 including monitoring RPM of the engine and
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`capturing data recording the RPM leading up to the detection of the collision.
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`53.
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`(New) The method of claim 51 including monitoring a status of a braking
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`system for the vehicle and capturing data recording the status preceeding detection of the
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`collision.
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`Reply to Office Action
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`54.
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`(New) The method of claim 51 including monitoring actions of a steering
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`wheel and capturing data recording the actions preceeding detection of the collision.
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`55.
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`(New) The method of claim 51 including monitoring a load carried by the
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`vehicle and capturing data recording a condition of the load preceeding detection of the
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`collision.
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`This listing of claims replaces all prior versions, and listings, of claims in the
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`application.
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`Application No.1 1/410,648
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`Reply to Office Action
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`REMARKS/ARGUMENTS
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`The Office action mailed January 28, 2009 rejects all of the pending claims 13-37, 39
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`and 40 as unpatentable over US. Patent No. 4,369,426 to Merkel or US. Patent No.
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`5,311,197 to Sorden et a1. Specifically, each of independent claims 13, 20 and 29 is rejected
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`as being fully anticipated by both the Merkel and Sorden patents. Each of the dependent
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`claims 14, 18, 21—33, 39 and 40 is also rejected as being anticipated by both Merkel and
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`Sorden. Additional dependent claims 15-17 and 19 are rejected as being fully anticipated by
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`only Sorden. The remaining dependent claims 34-37 are rejected as being obvious variations
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`of the teachings found in Sorden.
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`The Office action does not provide an analysis of the anticipation rejections. The
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`rejection of claims 34-37 as obvious variations of the teachings in Sorden is supported by an
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`analysis stating that Figure 2 of Sorden discloses determining the severity of a crash as well
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`as the severity of an abnormal situation and collecting vehicle parameter information for
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`storage and transmission. According to the Office action, it is obvious from Sorden to
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`provide the vehicle parameter information to an operator of the vehicle for the purpose of
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`avoiding damage to the vehicle. The abstract of the Sorden patent is cited as teaching
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`involving the operator in a decision making process based on the vehicle parameter
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`information.
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`In response to the Office action, applicant has amended independent claims 13 and 20
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`and canceled independent claim 29 and the claims that depend from it in favor of new claims
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`41 through 55. New claims 41—55 include independent claims 41 and 51.
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`The diagram below shows the relationship among the claims as amended.
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`
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`The Sorden and Merkel references disclose a system on-board a vehicle such as an
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`automobile that detects an “abnormal event” (Sorden) or an accident (Merkel) and then
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`automatically transmits a distress signal. Sorden discloses electronics on-board the vehicle
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`that provide information about the location of the vehicle. In contrast, Merkel describes
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`providing multiple receivers of the distress signal, which then use conventional triangulation
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`techniques to provide an approximate location of the vehicle.
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`In Sorden, the abnormal event is detected by an abnormal event sensor 31, which
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`triggers transmission of the distress signal. Sorden talks about different sorts of abnormal
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`events in column 8, starting at the paragraph on line 27, but the only device mentioned to
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`detect an abnormal event is an air bag.1 Merkel describes an air bag, a “back tension device”
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`1 Sorden mentions rolling over or side-to-side rotation as an abnormal event at C0]. 6, 11. 54-64 as an event that
`can be “distinguished by one or more sensors.” But the only sensor 31 identified for detecting abnormal events
`is the deployment of the air bags. Other “vehicle operating parameter sensors 33” include accelerometers (Col.
`8, 11. 1-2), but those sensors are not described as involved in detecting an abnormal event.
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`and “a movable mass” as instruments for detecting a collision (Col. 3, ll. 45 to end and col. 4,
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`11. 1-2) and automatically triggering a distress signal.
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`Sorden also describes including in the distress signal information such as the time of
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`the abnormal event, the “type or cause of the situation,” the severity of the situation, the
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`condition of the vehicle operator or occupants and the orientation of the vehicle. There is not
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`description of how this additional information is obtained. Presumably, it is provided by one
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`or more of the vehicle operating parameter sensors 33 mentioned later in the text.
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`Sorden makes general reference to collecting information from “vehicle operating
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`parameter sensors 33,” that may include “vehicle speed, vehicle heading, engine temperature,
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`etc.” (Col. 7, 11. 48-53), accelerometers “oriented in one or more directions relative to a
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`vehicle axis” (Col. 8, ll. 1-2) and “a local magnetic field sensor” (Col. 8, 11. 2-5). This
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`information is intended to be stored at the vehicle and/or transmitted with the distress signal.
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`However, Sorden describes capturing information from the sensors 33 for a time period
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`preceding detection for an “abnormal event” (Col. 7, 53—57). But, when the abnormal
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`situation is detected, the sensors 33 “are immediately disabled.”
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`When an abnormal situation occurs, the sensors 33 are immediately disabled
`so that the vehicle operating parameter values sensed and stored in the time
`interval of length AtS immediately preceding occurrence of the abnormality
`are available for subsequent read-out. The information now stored in a
`register 35 can be read out "at the scene", analogous to read—out of "black
`box" information after crash of an aircraft.
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`Sorden at Col. 7, 11. 57—62.
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`In contrast to Sorden, Merkel describes transmitting only the distress signal.
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`However, Merkel describes transmitting a shortened or lengthened distress signal as a way of
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`discriminating between minor and serious accidents. An accelerometer senses the collision
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`and cooperates with electronics that provide different thresholds for the magnitude of the
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`acceierometer’s output signal. Depending of the maximum magnitude of the accelerometer’s
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`output, the distress signal is of different durations, thereby characterizing the accident as
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`minor, moderately serious and very serious (Col. 4, 11. 3—28).
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`Merkel does not capture any vehicle parameters as described by Sorden. However,
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`Merkel does describe providing a “yes/no” indicator as a signal separate from the distress
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`signal (Col. 4, 11. 43-55), indicating whether the vehicle occupants were using a “safety
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`system” such as a safety belt system 11 shown in Fig. 2 of Merkel, which is reproduced
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`below.
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`\TRARSMITTER
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`FiG 2
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`f
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`‘ m-SEESOR
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`According to Merkel, a fastener element 12 for the safety belt system 11 is associated with a
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`“suitable switching element” (Col. 4, 11. 51-55) to provide a “yes/no” indication to the sensor
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`4, which then is presumably incorporated into the distress signal transmitted by the
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`transmitter 5 and antenna 6. Thus, Merkel describes capturing the state of the safety belt
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`system 11 at the time of the crash detected by the sensor 4.
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`In this amendment, each of independent claims 13 and 20 has been amended to
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`specifically require capturing vehicle parameters after detection of a collision. Sorden
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`teachings away from this feature. Merkel teaches capturing data at the moment of the sensor
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`4 detects the collision, but does not teach collecting data before or after the collision. By
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`capturing data after the crash has been detected, the invention provides for collecting
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`potentially valuable information about the collision that helps first responders analyze the
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`collision from a remote location, thereby better enabling them to prepare for any emergency
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`when they reach the vehicle. Clean copies of independent claims 13 and 20 are reproduced
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`below in side-by-side relationship with selected language highlighted to emphasize the
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`claimed feature of collecting data after a collision is detected.
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`Application No.1 1/410,648
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`Reply to Office Action
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`
`
`1m
`m
`.
`_
`
`
`
`A method for monitoring information about a
`A method for detecting a crash of a land
`vehicle, the method comprising:
`vehicle, the method comprising:
`monitoring one or more vehicle
`monitoring one or more vehicle
`parameters and providing values of the
`parameters and capturing data indicative of a
`parameters;
`status of at least one vehicle parameter;
`detecting a crash of the vehicle;
`determining whether the vehicle has
`capturing values of the one or more
`been involved in a crash;
`.
`vehicle parameters after the crash is
`continuing to capture the data after
`detected; and
`determining the vehicle has been involved in
`automatically downloading at least some
`a crash; and
`of the values to a remote location in response
`automatically transmitting a signal from
`to the detection of the crash.
`the vehicle to a remote location in response
`to a determination that the vehicle has been
`involved in a crash.
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`
`
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`
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`Claims 29—37, 39 and 40 have been canceled in this response. Therefore, applicant
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`believes the foregoing remarks and the amendments to the previously pending claims is a
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`complete response to the Office action. Claims 29—37, 39 and 40 have been canceled in favor
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`of new claims 41-55.
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`New claims 41—55 include independent claims 41 and 51. These claims have been
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`added to claim additional aspects of the invention. Applicant is also continuing to review the
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`specification and may file a supplemental amendment to add additional claims.
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`Independent claim 41 recites a method for remotely diagnosing a condition of a
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`vehicle that includes collecting information about the vital signs and working condition of the
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`vehicle as the vehicle is being operated. The claim requires the vital signs to include tire
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`pressure and the working conditions to include the speed of the vehicle. According to claim
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`41, at least some of the information from the vital signs is downloaded to a remote location in
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`order to provide for remote diagnostics. The claim also requires the diagnostic capability to
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`be complemented by the ability to detect a collision of the vehicle and automatically
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`transmitting a signal indicating the occurrence of the collision plus a maximum speed of the
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`vehicle. In this regard, applicants specification describes detecting the speed of the vehicle
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`upon application of the brakes prior to a collision (See page 20 at 11. 15-26). These claimed
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`features are neither disclosed nor suggested by Sorden and Merkel.
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`Application No.11/410,648
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`Reply to Office Action
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`Independent claim 51 recites a method for recording operation of a vehicle that
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`includes monitoring positions of the vehicle’s throttle in combination with detecting a
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`collision of the vehicle. According to the claim, preceding a collision data is captured that
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`provides information about the position of the throttle. Applicant’s specification at page 19,
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`ll. 6 and 7 describe monitoring throttle position as one of the “production—related
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`parameters.” The specification at page 14, 11. 20-33 and page 18, 11. 3-16, describes capturing
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`one or more of the production-related parameters in connection with the detection of a
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`collision of the vehicle. These claimed features are neither disclosed nor suggested by
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`Sorden and Merkel.
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`The added dependent claims 42-50 and 52-55 depend from independent claim 13 and
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`added independent claims 41 and 51. No new matter has been added.
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`Conclusion
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`Applicant respectfully submits that the application is in condition for allowance. If, in
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`the opinion of the examiner, a telephone conference would expedite the prosecution of the
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`subject application, the examiner is invited to call the undersigned attorney.
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`Respectfitlly submitted,
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` (1.
`
`
`
`. Conklin, Reg. No. 30,369
`One 0 the Applicant’s Attorneys
`LEYDIG, VOIT & MAYER, LTD.
`Two Prudential Plaza, Suite 4900
`180 North Stetson Avenue
`Chicago, Illinois 60601—6731
`(3 12) 616—5600 (telephone)
`(312) 616—5700 (facsimile)
`
`Date: July 28, 2009
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