DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/07/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-10 and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 19 each recite “the at least one second shutoff valve”. There is insufficient antecedent basis for this limitation in the claim.
Claims 10 and 20 each recite “the at least one third shutoff valve”. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 3, 5-6, 9-10, 17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hansmann (US# 2019/0176785).
Hansmann discloses all the limitations of the instant claim including; a method for operating a brake system of a motor vehicle, wherein the brake system has a brake pedal 18, which can be actuated by a driver of the motor vehicle, a brake booster 30, which can be coupled or is coupled to the brake pedal, a brake cylinder 14, which can be coupled or is coupled to the brake booster and can be supplied with hydraulic fluid, and a hydraulic arrangement 12 having at least first 62, second 58 and third 60 shut-off valves, the hydraulic arrangement configured to act between the brake cylinder and at least one wheel brake 20, wherein the method comprises at least the step of: hydraulically decoupling of the brake pedal from the at least one wheel brake the hydraulic arrangement [0022]; wherein decoupling is achieved by opening the at least first 62, second 58 and third 60 shut-off valves such that hydraulic fluid displaced by the brake pedal is routed to a reservoir 16 and prevented from reaching the at least one wheel brake, and wherein the decoupling is performed exclusively hydraulically [0022].
Regarding claim 3, the hydraulic arrangement is activated in such a way that the brake pedal is decoupled from the at least one wheel brake at least temporarily [0022][0024].
Regarding claim 5, the hydraulic arrangement 12 has at least one brake circuit 36a/36ba, wherein the at least one brake circuit comprises at least one first shut-off valve 62 for hydraulically separating the at least one wheel brake 20 and/or the at least one brake circuit 36 from the brake cylinder 14, at least one second shut-off valve 58, which is assigned to the at least one wheel brake 20, for hydraulically separating the at least one wheel brake 20 from the brake cylinder 14 and/or from an outlet side of a pump 24, and at least one third shut-off valve 60, which is arranged in the return line of the at least one wheel brake 20, wherein the at least one first shut-off valve 62, the at least one second shut-off valve 58 and the at least one third shut-off valve 60 are activated in such a way as to open them. [0022]
Regarding claim 6, the at least one brake circuit comprises a fluid accumulator 16, which is connected on the inlet side to the pump 24, and is connected to the return line of the at least one wheel brake 20, to the outlet side of the at least one third shut-off valve 60, wherein hydraulic fluid is stored, in the fluid accumulator when the at least one first 62, second 58 and third 60 shut-off valve are open. Note the fluid accumulator 16 always stores fluid, and fluid flows through the open valves to the accumulator 16 during the stowing operation [0022].
Regarding claim 9, the at least one second shut-off valve 58 is activated in such a way as to close it, with the result that the at least one wheel brake 20 is separated from the brake cylinder 14 and/or from the outlet side of the pump 24. [0014]
Regarding claim 10, at least one third shut-off valve 60 is activated in such a way as to close it, with a result that the at least one second shut-off valve 58 is isolated. [0014] the closed valve 60 isolates valve 58 from the pump inlet or reservoir 16.
Regarding claim 17, Hansmann discloses a brake system for a motor vehicle, wherein the brake system is designed and/or configured to carry out the method according to claim 1.
Regarding claim 19, the at least one second shut-off valve 58 is activated in such a way as to close it, with the result that the at least one wheel brake 20 is separated from the brake cylinder 14 and/or from the outlet side of the pump 24. [0014]
Regarding claim 20, at least one third shut-off valve 60 is activated in such a way as to close it, with a result that the at least one second shut-off valve 58 is isolated. [0014] the closed valve 60 isolates valve 58 from the pump inlet or reservoir 16.
Claim(s) 1, 3, 5-6, 9-10, 17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bayer (US# 2021/014899).
Bayer discloses all the limitations of the instant claim including; a method for operating a brake system of a motor vehicle, wherein the brake system has a brake pedal P, which can be actuated by a driver of the motor vehicle, a brake booster D, which can be coupled or is coupled to the brake pedal P, a brake cylinder Z, which can be coupled or is coupled to the brake booster and can be supplied with hydraulic fluid, and a hydraulic arrangement having at least first VB2, second VD and third VA2 shut-off valves, the hydraulic arrangement configured to act between the brake cylinder and at least one wheel brake R, wherein the method comprises at least the step of: hydraulically decoupling of the brake pedal from the at least one wheel brake the hydraulic arrangement; wherein decoupling is achieved by opening the at least first VB2, second VD and third VA2 shut-off valves such that hydraulic fluid displaced by the brake pedal is routed to a reservoir B and prevented from reaching the at least one wheel brake, and wherein the decoupling is performed exclusively hydraulically [0081].
Regarding claim 3, the hydraulic arrangement is activated in such a way that the brake pedal is decoupled from the at least one wheel brake at least temporarily [0081].
Regarding claim 5, the hydraulic arrangement has at least one brake circuit HL/VR, wherein the at least one brake circuit comprises the first shut-off valve VB2 for hydraulically separating the at least one wheel brake R and/or the at least one brake circuit from the brake cylinder Z, at least one second shut-off valve VD, which is assigned to the at least one wheel brake R, for hydraulically separating the at least one wheel brake R from the brake cylinder Z and/or from an outlet side of a pump D, and at least one third shut-off valve VA2, which is arranged in the return line of the at least one wheel brake R, wherein the at least one first shut-off valve VB2, the at least one second shut-off valve VD and the at least one third shut-off valve VA2 are activated in such a way as to open them. Figure 1.
Regarding claim 6, the at least one brake circuit comprises a fluid accumulator B, which is connected on the inlet side to the pump D, and is connected to the return line of the at least one wheel brake R, to the outlet side of the at least one third shut-off valve VA2, wherein hydraulic fluid is stored, in the fluid accumulator when the at least one first VB2, second VD and third VA2 shut-off valve are open. Note the fluid accumulator B always stores fluid, and fluid flows through the open valves to the accumulator B during the stowing operation [0081].
Regarding claim 9, the at least one second shut-off valve VD is activated in such a way as to close it, with the result that the at least one wheel brake R is separated from the brake cylinder Z and/or from the outlet side of the pump D.
Regarding claim 10, at least one third shut-off valve VA2 is activated in such a way as to close it, with a result that the at least one second shut-off valve VD is isolated. The closed valve VA2 isolates valve VD from the pump inlet or reservoir B.
Regarding claim 17, Bayer discloses a brake system for a motor vehicle, wherein the brake system is designed and/or configured to carry out the method according to claim 1.
Regarding claim 19, the at least one second shut-off valve VD is activated in such a way as to close it, with the result that the at least one wheel brake R is separated from the brake cylinder Z and/or from the outlet side of the pump D.
Regarding claim 20, at least one third shut-off valve VA2 is activated in such a way as to close it, with a result that the at least one second shut-off valve VD is isolated. The closed valve VA2 isolates valve VD from the pump inlet or reservoir B.
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansmann (US# 2019/0176785) in view of Curran et al (US# 7281770).
Hansmann discloses all the limitations of the instant claim with exception to the brake system having a generator device, and/or is coupled to the generator, wherein the generator device is activated in such a way that no generator torque is generated or can be generated. Curran et al disclose a similar brake system and further teach the generator device for regenerative braking, the generator being activated in such a way that no generator torque is generated or can be generated when the battery is full (steps 54/56) or during an ABS event at the drive wheels (steps 60/64/66). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the generator and generator control taught by Curran et al in the method of Hansmann to improve the efficiency of the vehicle.
Claim(s) 8, 12 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bayer (US# 2021/014899) in view of Bauer et al (US# 20200070792).
Bayer discloses all the limitations of the instant claim with exception to the pedal being moved or pushed back when the pump is activated (claims 8 and 18), or a haptic feedback message is generated by a pedal travel (claim 12). Bauer et al disclose a similar brake system and method and further teach the use of a pump 60 and valve 52-2 to cause pedal movement to provide a haptic feedback message indicating an ABS event is occurring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the ABS routine and haptic feedback taught by Bauer et al in the method of Bayer to improve vehicle stability and driver awareness in the manual driving mode of Bayer.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bayer (US# 2021/014899) in view of Curran et al (US# 7281770).
Bayer discloses all the limitations of the instant claim with exception to the brake system having a generator device, and/or is coupled to the generator, wherein the generator device is activated in such a way that no generator torque is generated or can be generated. Curran et al disclose a similar brake system and further teach the generator device for regenerative braking, the generator being activated in such a way that no generator torque is generated or can be generated when the battery is full (steps 54/56) or during an ABS event at the drive wheels (steps 60/64/66). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the generator and generator control taught by Curran et al in the method of Bayer to improve the efficiency of the vehicle.
Response to Arguments
Applicant's arguments filed 1/07/2026 have been fully considered but they are not persuasive.
Regarding Hansmann, Applicant argues that “Hansmann discloses multiple embodiments in which decoupling is achieved by mechanical means, such as a booster holding the pedal in a retracted position or a separate lock-out device physically restraining the pedal (see Hansmann, [0022], [0003]). Hansmann's mechanical lock-out does not constitute hydraulic decoupling as required by the amended claim.” This is not persuasive as the lock-out device of Hansmann merely holds the pedal in the stowed position. The decoupling of the pedal from the at least one wheel brake is done hydraulically. Valves 58, 60, and 62 allow fluid to return to the reservoir 16 instead of building up pressure in the wheel cylinders 20 [0022]. Therefore, the decoupling is performed exclusively hydraulically in substantially the same way as the instant invention.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK