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 1-2, 9-11, 15-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frazier (US# 10747257) in view of Yoo et al (US# 2022/0410858).
Frazier discloses a system including; a bulkhead 22 on a body of a vehicle, the bulkhead having a first side and a second side; a brake cylinder 62 adjacent to the first side of the bulkhead; and a brake fluid reservoir 64 adjacent to the second side of the bulkhead, the brake fluid reservoir coupled to the brake cylinder for the transfer of brake fluid to the brake cylinder. Col 4, lines 32-37. Frazier lacks the disclosure of a pair of bored cylinders molded into and extending from a bottom portion of the brake fluid reservoir in a predominantly horizontal direction towards the second side of the bulkhead. Yoo et al teach a brake reservoir having a pair of bored cylinders 118/119 molded into and extending from a bottom portion 113 of a brake fluid reservoir in a predominantly horizontal direction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the two cylinder reservoir structure such as taught by Yoo et al in place of the two reservoirs of Frazier, to simplify mounting and filling of the reservoir.
Regarding claim 2, the brake fluid reservoir is located in a front compartment (motor compartment) of the vehicle, and wherein the brake cylinder is located in a cabin of the vehicle. Col. 4, lines 1-4 and 32-37.
Regarding claim 9, Frazier discloses a vehicle (abstract) comprising: a bulkhead 22 separating a first compartment and a second compartment; a brake cylinder 62 located in the first compartment; and a brake fluid reservoir 64 located in the second compartment, the brake fluid reservoir connected to the brake cylinder. Frazier lacks the disclosure of a pair of bored cylinders molded into and extending from a bottom portion of the brake fluid reservoir in a predominantly horizontal direction towards the first compartment. Yoo et al teach a brake reservoir having a pair of bored cylinders 118/119 molded into and extending from a bottom portion 113 of a brake fluid reservoir in a predominantly horizontal direction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the two cylinder reservoir structure such as taught by Yoo et al in place of the two reservoirs of Frazier, to simplify mounting and filling of the reservoir.
Regarding claim 10, the first compartment is a cabin of the vehicle and the second compartment is a front compartment of the vehicle. Col. 4, lines 1-4 and 32-37.
Regarding claim 11, a brake fluid path 66 extends from the brake fluid reservoir 64 located in the second compartment to the brake cylinder 62 located in the first compartment through an opening in the bulkhead.
Regarding claims 15 and 20, Frazier discloses all the limitations of the instant claim with exception to a center line of the brake fluid reservoir being aligned with a center line of the vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the reservoir wherever desired in the engine compartment based on available space, and would have no significant change to the function of the device. Also note MPEP 2144.04(VI)(C).
Regarding claim 16, Frazier discloses a method for installing a remote brake fluid reservoir 64, the method comprising: positioning a brake cylinder 62 in a first compartment of a vehicle, the first compartment separated from a second compartment of the vehicle via a bulkhead 22; affixing a brake fluid reservoir 64 within the second compartment; and connecting the brake fluid reservoir to the brake cylinder via at least one brake fluid path 66. . Frazier lacks the disclosure of a pair of bored cylinders molded into and extending from a bottom portion of the brake fluid reservoir in a predominantly horizontal direction towards the first compartment. Yoo et al teach a brake reservoir having a pair of bored cylinders 118/119 molded into and extending from a bottom portion 113 of a brake fluid reservoir in a predominantly horizontal direction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the two cylinder reservoir structure such as taught by Yoo et al in place of the two reservoirs of Frazier, to simplify mounting and filling of the reservoir.
Regarding claim 17, the at least one brake fluid path 66 passes through an opening in the bulkhead from the second compartment to the first compartment of the vehicle.
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 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frazier (US# 10747257) and Yoo et al (US# 2022/0410858), in further view of Genter et al (US# 480668).
Frazier, as modified, further discloses the brake fluid reservoir 64 being mounted to a mounting wall 22 of the front compartment of the vehicle, but lack the disclosure of the brake fluid reservoir having a hermetic seal at a top portion of the brake fluid reservoir. Genter et al discloses a similar brake device and further teaches a reservoir having a hermetic seal 38/13 at a top portion of the brake fluid reservoir. 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 sealed top portion such as that of Genter et al to prevent contaminants from entering the system.
Claims 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frazier (US# 10747257), Yoo et al (US# 2022/0410858) and Genter et al (US# 480668), as applied to claim 3 above, in further view of Leigh-Monstevens (US# 5083433) and Marx et al US# 2007/0075543).
Frazier, as modified above, disclose all the limitations of the instant claim with exception to the pair of bored cylinders being in communication with a pressure chamber of the brake cylinder via a quick connect end at each of the pair of bored cylinders and a corrugated hose clamped at the quick connect end. Leigh-Monstevens discloses a similar brake device and further teaches a quick connect coupling at a bored cylinder 23 of a reservoir. Marx et al teach a corrugated pipe clamped to a fitting for automotive applications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a corrugated pipe and clamped connection such as taught by Marx et al and a quick coupling such as taught by Leigh-Monstevens to connect the reservoir as master cylinder of Frazier to facilitate rapid installation with durable hoses.
Regarding claim 5, Frazier further lacks a center line of the brake fluid reservoir being aligned with a center line of the vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the reservoir wherever desired in the engine compartment based on available space, and would have no significant change to the function of the device. Also note MPEP 2144.04(VI)(C)
Claims 6-7, 12-13, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frazier (US# 10747257) and Yoo et al (US# 2022/0410858), as applied to claims 1, 11 and 16 above, in further view of GB 2598790.
Frazier, as modified, disclose all the limitations of the instant claim with exception to a plastic seal covering one or more openings between the first side and the second side of the bulkhead, the plastic seal coupled to a portion of the second side of the bulkhead, the plastic seal having at least one opening. GB ‘790 teaches a plastic seal 22 covering one or more openings between the first side and the second side of a bulkhead, the plastic seal coupled to a portion of the second side of the bulkhead, the plastic seal having at least one opening 36. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plastic seal such as taught by GB ‘790 to mount the device of Frazier to prevent the ingress of water into the cabin and damp noises and vibration.
Regarding claim 7, Frazier, as modified, discloses a brake fluid path extending from the brake fluid reservoir to the brake cylinder through the at least one opening of the plastic seal.
Regarding claim 12, modified Frazier discloses a seal over the opening in the bulkhead, a portion of the seal surrounding the brake fluid path such that the brake fluid path extends from the second compartment to the first compartment through the bulkhead and the seal.
Regarding claim 13, GB ‘790 teaches the seal being attached to a surface of the bulkhead facing inward to the second compartment. Figure 2.
Regarding claim 19, Frazier discloses two fluid paths. In modifying Frazier in view of GP ‘790, a hole for each path would be provided.
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frazier (US# 10747257) and Yoo et al (US# 2022/0410858), as applied to claim 1 above, in further view of Durney et al (SU# 2009/0188100).
Frazier, as modified, disclose all the limitations of the instant claim with exception to the body of the vehicle comprising a top portion joined to a bottom portion, wherein the top portion comprises one or more vehicle body panels, and the bottom portion comprises a vehicle chassis and the bulkhead. Durney et al disclose a vehicle having he body of the vehicle comprises a top portion 30 joined to a bottom portion 32, herein the top portion comprises one or more vehicle body panels, and the bottom portion comprises a vehicle chassis 32 and the bulkhead 46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the vehicle of Durney et al with the brake system of Frazier to provide pedal adjustability within a performance vehicle, thereby improving driver comfort.
Claim 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frazier (US# 10747257), Yoo et al (US# 2022/0410858) and GB 2598790, as applied to claim 12 above, in further view of Durney et al (SU# 2009/0188100).
Frazier, as modified, further disclose the seal comprises at least two pieces that form the portion of the seal surrounding the brake fluid path (note pieces 30/42/44 of GB ‘790), but lack the disclosure of the bulkhead being part of a bottom portion of a body of the vehicle, the body comprising a top portion joined to the bottom portion. Durney et al disclose a vehicle having he body of the vehicle comprises a top portion 30 joined to a bottom portion 32, the bottom portion comprises the bulkhead 46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the vehicle of Durney et al with the brake system of Frazier to provide pedal adjustability within a performance vehicle, thereby improving driver comfort.
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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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK