DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 7 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Biller et al (US# 2014/0203626).
Biller et al disclose all the limitations of the instant claim including; a plurality of wheel brakes 7 configured to supply braking force to wheels of a vehicle; a main braking unit comprising a reservoir 4 which stores brake oil, and a master cylinder 5 configured to form pressure of the brake oil from the reservoir in conjunction with a main brake motor 35; at least one supply flow path 14b/41b is connecting the reservoir 4 and the master cylinder 5, a hydraulic controller 140 comprising at least one pump 42 configured to pump the brake oil in conjunction with an auxiliary brake motor 43, and configured to selectively transmit the pressure of the brake oil formed in the master cylinder 5 or the pump 42 to the plurality of wheel brakes 7, wherein, when the main braking unit is normally operated, the master cylinder 5 generates hydraulic pressure of the brake oil as a piston 36 is displaced in conjunction with rotation of the main brake motor 35 [0047], wherein the hydraulic controller comprises, at least one auxiliary flow path 14a which is connected at a first end thereof to the reservoir 4 and is connected at a second end thereof to an inlet of the pump 42 to transmit the brake oil from the reservoir to the pump directly through the at least one auxiliary flow path, wherein the hydraulic controller further comprises: at least one inlet valve 6 and at least one outlet valve 7 for controlling the pressure of the brake oil delivered from the master cylinder or the pump, and at least one return flow path having a first end connected to the auxiliary flow path at a point adjacent to the inlet of the pump 42 and a second end connected to the outlet valve 7c, wherein the at least one supply flow path and the at least one auxiliary flow path are separated from each other with the reservoir therebetween. Figure 3.
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Regarding claim 2, the hydraulic controller further comprises: at least one main flow path I/II transmitting hydraulic pressure formed in the master cylinder 5.
Regarding claim 3, the hydraulic controller further comprises: at least one traction control valve 6b or 6d configured to open or close the main flow path, and control the pressure of the brake oil delivered from the master cylinder 5.
Regarding claim 7, a first controller 12 is configured to control the main brake motor 35 according to brake input [0054]; and a second controller 139 configured to control the auxiliary brake motor 43 according to brake input when the first controller or the main braking unit malfunctions [0056][0061], and configured to control the pump so as to transmit the pressure of the brake oil formed in the pump to the plurality of wheel brakes.
Regarding claim 11, Biller et al disclose all the limitations of the instant claim including; a method of controlling an electric hydraulic brake comprising a main braking unit which forms pressure of brake oil using a master cylinder 5, and a hydraulic controller 140 which is operated when the main braking unit malfunctions and is provided with at least one auxiliary flow path to transmit brake oil from a reservoir 4 to a pump 42 directly through the at least one auxiliary flow path, at least one supply flow path 14b/41b is connecting the reservoir 4 and the master cylinder 5, the method comprising: a transmission step of transmitting a brake input to a first controller 12 and a second controller 139 [0053][0058], when the brake input is generated; a determination step of determining whether a main braking unit is normally operated [0058]; a main brake step of forming braking force in a plurality of wheel brakes by operating the main braking unit [0054], when it is determined that the main braking unit is normally operated; and an auxiliary brake step of forming braking force in the plurality of wheel brakes by controlling the hydraulic controller, when it is determined that the main braking unit is not normally operated [0056][0061], wherein, when the main braking unit is normally operated, the master cylinder generates hydraulic pressure of the brake oil as a piston is displaced in conjunction with rotation of the main brake motor, and wherein the hydraulic controller further comprises: at least one inlet valve 6a and at least one outlet valve 7a for controlling the pressure of the brake oil delivered from the master cylinder or the pump, and at least one return flow path having a first end connected to the auxiliary flow path at a point adjacent to the inlet of the pump and a second end connected to the outlet valve, wherein the at least one supply flow path and the at least one auxiliary flow path are separated from each other with the reservoir therebetween. Note the annotated figure above.
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 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biller et al (US# 2014/0203626) in view of Biller et al (US# 2023/0365111) or Zimmermann et al (US# 2019/0344769).
Biller et al disclose all the limitations of the instant claims with exception to the first controller being configured to control the auxiliary brake motor according to the brake input. Biller et al ‘ 111 disclose a similar brake system and further teach first and second controllers configured to control an auxiliary brake motor according to the brake input [0010]. Zimmermann et al disclose a similar brake system and further teach first 100 and second 110 controllers configured to control an auxiliary brake motor according to the brake input [0065] It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure each of the controllers of Biller et al to control the auxiliary brake motor according to the brake input, as taught by Biller et al ‘111 or Zimmermann et al to increase the redundancy and therefore the reliability of the system.
Claims 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biller et al (US# 2014/0203626) in view of Tarandek et al (US# 2022/0194339).
Biller et al disclose all the limitations of the instant claims with exception to an Electronic Parking Brake (EPB), wherein the second controller is configured to send an electrical signal to the EPB, when the main braking unit or the first controller malfunctions (claim 9) or wherein the first controller is configured to send an electrical signal to the EPB, when the hydraulic controller or the second controller malfunctions. Tarandek et al disclose a similar brake system and further teach first and second controllers configured to send signals to an EPB in response to the failure of the other controller. [0015][0019][0010]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure each of the controllers of Biller et al to control EPBs, as taught by Tarandek et al to increase the safety and the reliability of the system.
Response to Arguments
Applicant's arguments filed 10/14/2025 have been fully considered but they are not persuasive.
Regarding Biller et al, Applicant argues features relative to master cylinder 2. This is not persuasive, as first supply device 5 has been interpreted as reading on the recited master cylinder, not the cylinder device 2. It is noted that prior art such as US 2021/0394729 refer to a first or primary supply device 120 as a main master cylinder with the manually actuated master cylinder similar to master cylinder 2 of Biller et al described as a backup master cylinder 110 [0043]. It is maintained that the first supply device 5 of Biller et al can reasonably be interpreted as a “master cylinder” as recited by the claims.
Conclusion
THIS ACTION IS MADE FINAL. 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
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