DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21, 23-24, 26-27, 29-30 and 39-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2004-330966 in view of Weh et al (US#11059465).
JP ‘966 discloses a simulator device including ; at least one first cylinder 12 or 22 and at least one second cylinder 22 or 12 fluidically communicating with each other and at least partially filled with a fluid, wherein the first cylinder houses a first piston 14 or 24 subject to the thrust action of said fluid and influenced by first elastic means 17 or 27 which oppose said thrust action exerted by said fluid, wherein the second cylinder 22 or 12 houses a second piston 24 or 14 subject to the thrust action of said fluid and influenced by second elastic means 27 or 17 which oppose the thrust action exerted by said fluid, wherein the first elastic means and the second elastic means have different rigidity [0015] and the first elastic means are coaxial with the first piston and the second elastic means are coaxial and concentric with the second piston. Figure 3. JP ‘966 lacks the disclosure of the first cylinder and at the second cylinder being enclosed in an absorber body, instead showing a separate body for each cylinder. Weh et al disclose simulator 2 integrated into a block 1 along with a master cylinder. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate the elements of JP ‘966 into a single housing, such as taught by Weh et al, to provide a compact structure that minimizes external fluid connections and potential leaks. JP ‘966 further discloses the first cylinder 12 comprising first means of adjustment 18 of the rigidity of said first elastic means, but lack the disclosure of the second cylinder 22 comprising second adjustment means of the rigidity of said second elastic means 27 separate from the first means of adjustment. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a second means of adjustment similar to the first means of adjustment 18 to the second elastic means 27 of JP ‘966 to allow adjustability of the second stage of the device, thereby furthering the adjustability according to driver preferences. Also note MPEP 2144.04(V)(D).
Regarding claim 23, the first means of adjustment comprise a first end stop 16 defining a predetermined stroke of the first piston.
Regarding claim 24, said first end stop 16 comprises a front face of a stroke adjustment drum 16, housed in the first cylinder.
Regarding claim 26, the stroke adjustment drum 16/18b is externally threaded and can be screwed or unscrewed by rotation of an electro-actuated component or actuated by a hydraulic or pneumatic system. Note knob 18d is capable of being driven by an electro-actuated component, as broadly recited.
Regarding claim 27, the first elastic means comprise a helical spring 17 which opposes the motion of the first piston 14 by discharging the reaction force on a preload screw 18b.
Regarding claim 39, as modified, the first 12 or 22 and second cylinder 22 or 12 are fluidically connected to each other by means of a common supply channel , at least partially contained in said absorber body.
Regarding claim 40, JP ‘966 discloses a brake-by-wire braking system [0001][0010] comprising: at least one adjustable pressure simulator device 11/21 according to claim 21, a manual actuation device, such as a lever or a pedal 9, to exert the braking action demand, said manual actuation device being connected in output to a pressure fluid supply line, fluidically connected with said first and second cylinders of the absorber body. Figure 3.
Regarding claim 41, first elastic means are adapted to exert a first force coaxial with respect to the first piston and the second elastic means exert a second force coaxial with respect to the second piston.
Regarding claims 42-43, JP ‘966 further lacks the second elastic means/adjustment means being oriented transverse the first elastic means/adjustment means within the absorber body. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the cylinders and respective elastic means/adjustment means transverse to one another as an obvious alternative packing arrangement which may be beneficial in certain applications with specific space constraints, and would provide the predictable results of substantially the same simulator function in a differently shaped device.
Regarding claims 29 and 44, JP ‘966 discloses that the second elastic means 27 has a greater rigidity than the first elastic means 17 [0015], but lacks the second elastic means comprising a plurality of springs or a first, second and third spring arranged in series. Weh et al teach a second elastic means 9 made of more than three disk springs arranged in series. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a disk spring assembly such as taught by Weh et al in place of the coil spring of JP ‘966 as an obvious alternative spring structure which allows a different spring characteristic to the device.
Allowable Subject Matter
Claims 25, 28, 32-38 and 45-46 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Note the new modification applied to JP ‘966 above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK