DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6 and 15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 6 and 15 appear to recite substantially the same limitations as those amended into parent claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1, 3-7, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strengert et al (US# 2010/0198473) in view of Watanabe et al (US# 9308897).
Strengert et al disclose a brake-by-wire brake system for a vehicle having at least two wheels which can be braked, comprising: at least two brake actuator units 30a/30b, which each have a brake actuator assigned to one of the wheels, which can be braked, for the purposes of braking the vehicle during a driving operation, a driver brake actuation unit 12 and/or 14 for actuation by a driver for a braking operation, the driver brake actuation unit having at least one sensor 20a/20b for detecting an activation of the driver brake actuation unit by the driver, at least one electronic control unit 28a/28b which is configured to activate one or both brake actuator units in order to impart a braking force to an associated wheel, and at least one electrical switch 22a/22b that is mechanically coupled to the driver brake actuation unit configured, independently of the electronic control unit, configured to send a signal on an additional signal line 82a/82b that is hard-wired directly to at least one of the brake actuator units [0055], wherein each brake actuator unit is configured to take a signal received via the additional signal line into consideration only if activation of the brake actuator unit by the electronic control unit 28a/28b is impaired ([0052], “ If a wheel actuator device 30a or 30b detects that its associated brake control device 28a or 28b has failed, it no longer performs the braking operation on its wheel as a function of the control signal of its own brake control device 28a or 28b. Instead, wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it”). Strengert et al further disclose individual signal lines for each switch [0055], but fail to specifically disclose that the switch opens or closes the signal line. Strengert et al also fail to specifically disclose that the switch is mechanically actuatable and mechanically coupled to the driver brake actuation unit. Watanabe et al discloses a brake system and further teaches a mechanically operated brake switch 4 mechanically coupled to a driver brake actuation unit 11 and in the form of an on/off switch 41 which connects or disconnects a wire (col. 5, lines 27-33 and 39) corresponding to the opening and closing of a signal line such as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the brake switch 22a/22b of Strengert et al be mechanically coupled to the brake actuation unit 14 and to open or close the signal line 82a, such as taught by Watanabe et al, as an obvious direct and simple means of transmitting the activation signal which does not requiring any encoding/decoding or processing.
Regarding claim 3, Watanabe teaches the switch 41 having at least one normally open contact 411/412. Figure 4, left position.
Regarding claim 4, the switch 22a/22b is actuatable by the driver brake actuation unit 14.
Regarding claim 5, Watanabe et al further teach a purely mechanical actuation mechanism 11/44 for the electrical switch has an integrated dead travel (OFF region of the brake pedal pressing amount, figure 4), and the switch is actuatable only after physical overcoming of the dead travel, independently of sensor evaluation or electronic signal processing.
Regarding claim 6, the brake actuator units are configured to take a signal received as a result of actuation of the switch into consideration only if an activation of the brake actuator units by the control unit is impaired. [0052]
Regarding claims 7 and 16, the at least two brake actuator units 30a/30b are connected by a communication line. Figure 4.
Regarding claim 10, the sensor 20a/20b, the control unit 28a/28b and/or the energy supply 40a/40b of the brake actuator units are provided in each case in redundant form.
Claim(s) 2 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strengert et al (US# 2010/0198473) and Watanabe et al (US# 9308897)as applied to claim 1 above, and further in view of Kirkman (US# 8217778).
Regarding claim 2, Strengert et al, as applied to claim 1 above, disclose all the limitations of the instant claim with exception to the disclosure of an additional signal line to a ground terminal. Kirkman disclose a similar brake switch arrangement and further teach both a positive side switched circuit (figure 1) and a negative side switched circuit (figure 2) where the negative switch circuit has the signal line to a ground terminal. Line with switch 112 in Figure 2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an additional signal line to a ground terminal, such as taught by Kirkman, in the system of Strengert et al to provide a negative switch brake light circuit as an obvious means of providing control of the brake lamp and brake system which provides the predictable results of illuminating the brake lights when the switch connects to ground.
Regarding claim 12, Watanabe teaches the switch 41 having at least one normally open contact 411/412. Figure 4, left position. Kirkman also teaches the switch 101/112 having at least one normally open contact.
Regarding claim 13, the switch 22a/22b is actuatable by the driver brake actuation unit 14.
Regarding claim 14, Watanabe et al further teach a mechanism 11/44 for actuation of the electrical switch has an integrated dead travel (OFF region of the brake pedal pressing amount, figure 4), and the switch is actuatable by the driver brake actuation unit only after the dead travel has been overcome.
Regarding claim 15, the brake actuator units are configured to take a signal received as a result of actuation of the switch into consideration only if an activation of the brake actuator units by the control unit is impaired. [0052]
Regarding claim 16, the at least two brake actuator units 30a/30b are connected by a communication line. Figure 4.
Claim(s) 8 and 17 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Strengert et al (US# 2010/0198473) and Watanabe et al (US# 9308897) as applied to claim 1 above, and further in view of Yasui et al (US# 2016/0355170).
Strengert et al, as applied to claim 1 above, disclose all the limitations of the instant claim with exception to the disclosure of an energy store is integrated into the brake actuator units. Yasui et al disclose a brake system and further teach an energy store BWH or BEM integrated into a brake actuator unit BRK, which allows thinner more flexible wires to be used [0010][0013]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an energy source integrated into the brake actuator units of Strengert et al, as taught by Yasui et al, to allow thinner wires to be run to the units, thereby increasing flexibility and ease of installation.
Regarding claim 17, Yasui et al further teach a capacitor [0125] or storage battery [0030].
Claim(s) 11 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Strengert et al (US# 2010/0198473) and Watanabe et al (US# 9308897) as applied to claim 1 above, and further in view of Holzwarth (US# 2010/0243388).
Strengert et al further disclose the brake system has four wheels, which can be braked, and four brake actuator units 30a/30b/32a/32b, each wheel being assigned a brake actuator unit, and the brake system having a first energy supply unit 40a and a second energy supply unit 40b. Strengert et al lack the disclosure of each supply unit supplying energy to the brake actuator units of two diagonally oppositely situated wheels, and the brake system having a third energy supply unit, which supplies energy to the brake actuator units of two mutually adjacently situated wheels. Holzwarth discloses a similar brake system and further teach each supply unit NVE1/NVE2 supplying energy to the brake actuator units of two diagonally oppositely situated wheels [0042], and the brake system having a third energy supply unit HVE, which supplies energy to the brake actuator units of two mutually adjacently situated wheels (as well as the other wheels). Figure 2. 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 energy supply arrangement taught by Holzwarth in the system of Strengert et al to increase the reliability of the power supply, thereby ensuring powered braking in the event of multiple failures.
Allowable Subject Matter
Claim 9 is 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 filed 3/30/2026 have been fully considered but they are not persuasive.
Applicant’s amendments have overcome the rejection based on Degoul et al.
In response to Applicant’s amendments, a new grounds of rejection has been set forth based on Strengert et al and Watanabe et al. Regarding the mechanically actuatable electric switch, it is noted that switch 22a/b of Strengert et al is actuated by pedal 14. As it does not explicitly disclose that the pedal actuates the switch mechanically, Watanabe et al has been relied upon for this feature. Regarding the additional signal line hard-wired directly to the brake actuator, Strengert et al disclose [0055] “It is likewise possible to run individual lines from switches/sensors 16a, 20a and/or 22a that lead directly to wheel actuator device 30a”. The directly run individual line from switch 22a to the brake actuator unit 30a corresponds to the recited hard-wired signal line. Regarding the actuator-side logic that conditionally enables the mechanical switch signal only upon impairment of electronic control, [0052] of Strengert et al discloses “ If a wheel actuator device 30a or 30b detects that its associated brake control device 28a or 28b has failed, it no longer performs the braking operation on its wheel as a function of the control signal of its own brake control device 28a or 28b. Instead, wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it”.
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
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