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) 1-11 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Otremba (US# 2019/0337503).
Otremba discloses all the limitations of the instant claims including; a control system 110/120/140, an operator input device (pedal [0024]) and a plurality of brakes 1-4; and a brake valve assembly comprising a first channel A comprising: a first operator brake valve (top half of brake valve 24) controllable by the operator input device; a first automatic brake valve (top half of second brake valve 25) controllable by the control system 110/120/140; and a first control valve 21a fluidly connected to at least one first brake 1-2 of the plurality of brakes and the first operator 24 and automatic 25 brake valves, wherein the first control valve is configurable between an operator brake configuration for fluidly connecting the first operator brake valve 24 to the at least one first brake and an automatic brake configuration for fluidly connecting the first automatic brake valve 25 to the at least one first brake [0071][0073]; a second channel B comprising: a second operator brake valve (bottom half of 24) controllable by the operator input device a second automatic brake valve (bottom half of 25) controllable by the control system: and a second control valve 21b fluidly connected to at least one second brake of the plurality of brakes and the second operator 24 and automatic 25 brake valves, wherein the second control valve is configurable between an operator brake configuration for fluidly connecting the second operator brake valve to the at least one second brake 3-4and an automatic brake configuration for fluidly connecting the second automatic brake valve to the at least one second brake 3-4, wherein the brake valve assembly is configurable in: an operator braking mode in which the first and/or second control valve is in the operator brake configuration and the at least one first and/or second brake is controllable by the first and/or second operator brake valve in response to an input to the operator input device [0073]; and an automatic braking mode [0064][0071] in which the first and/or second control valve is in the automatic brake configuration and the at least one first and/or second brake is controllable by the automatic brake valve in response to a control signal from the control system. Otremba further discloses the first and second control valves being controlled by the control system 110/120/140 communicating a control signal. [0030] suggests that the shuttle valve can be an electrically controlled shuttle valve [0030].
Regarding claim 2, the control system is configured to implement the automatic braking mode and control the first and/or second automatic brake valve in accordance with at least one advanced braking routine. [0043]
Regarding claim 3, the control system is configured to control the first and second channel independently of each other by controlling the first control valve and/or the first automatic brake valve independently of the second control valve and/or the second automatic brake valve. [0013][0058]
Regarding claim 4, the control system is configured to, independently for the first channel and the second channel, implement the automatic braking mode and control the first and second automatic brake valve in accordance with at least one advanced braking routine. [0013][0043][0058].
Regarding claim 5, the at least one advanced braking routine comprises at least one of auto retarding and electronic brake application. [0041]
Regarding claim 6, the control system 110 is configured to implement the automatic braking mode by actuating the control valve 25 into the automatic brake configuration. [0030]
Regarding claim 7, the first operator brake valve 24 and second operator brake valve 24 are controllable simultaneously by the operator input device. Note brake valve 24 controls an input and output for each channel.
Regarding claim 8, the first and/or second operator brake valve 24 is fluidly connected to at least one fluid source 20a-b and is configurable in a first operator brake valve position to communicate pressurized fluid from the at least one fluid source to the first and/or second control valve 21a/b.
Regarding claim 9, the first and/or second operator brake valve 24 is configurable in a second operator brake valve position, wherein in the second operator brake valve position the first and/or second operator brake valve is configured to not communicate fluid therethrough.
Regarding claim 10, the first and/or second automatic brake valve 25 is fluidly connected to at least one fluid source 20a/b and is configurable in a variable control configuration to communicate pressurized fluid from the at least one fluid source to the first and/or second control valve 21a/b.
Regarding claim 11, the first and/or second automatic brake valve 25 is configurable in an off configuration to communicate fluid from the first and/or second control valve to a fluid drain 112g or to not communicate fluid therethrough to not communicate fluid therethrough. [0067]
Regarding claim 13, Otremba discloses a machine (utility vehicle) comprising the brake system of claim 1.
Regarding claim 14, Otremba discloses a method of operating a brake system, the brake system comprising: a control system 110/120/140, an operator input device and a plurality of brakes 1-4; and a brake valve assembly comprising a first channel A comprising a first operator brake valve 24, a first automatic brake valve 25 and a first control valve 21a fluidly connected to at least one first brake 1-2 of the plurality of brakes and the first operator 24 and automatic 25 brake valves, wherein the first control valve 21a is configurable by the control system communicating a first control signal to the first control valve [0030]; and a second channel B comprising a second operator brake valve 24, a second automatic brake valve 25, and a second control valve 21b fluidly connected to at least one second brake 3-4 of the plurality of brakes and the second operator 24 and automatic 25 brake valves, wherein the second control valve 21b is configurable by the control system communicating a second control signal to the second control valve [0030], the method comprising: determining, by the control system, whether to implement an operator braking mode [0073] or an automatic braking mode [0064][0071]; and implementing the operator braking mode by: maintaining the first and/or second control valve 21a/b in an operator brake configuration to fluidly connect the first and/or second operator brake valve 24 to the at least one first and/or second brake [0073]; and receiving an input at the operator input device to control the first and/or second operator brake valve 24 and thereby control the at least one first and/or second brake; or implementing the automatic braking mode by: maintaining the first and/or second control valve 21a/b in an automatic brake configuration to fluidly connect the first and/or second automatic brake valve 25 to the at least one first and/or second brake; and automatically controlling, by the control system, the first and/or second automatic brake valve 25 and thereby control the at least one first and/or second brake.
Regarding claim 15, the method comprises implementing the automatic braking mode during the operator braking mode and whilst the input is being received at the operator input device [0043][0076].
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.
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
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