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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The claimed features of “a seal” and “an outer valve housing” are not found in the specification.
Claim Objections
Claims 28-31 are objected to because of the following informalities: Claims 28-31 should be renumbered sequentially starting from claim 27, thus renumbered as 27-30. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 29-31 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The recited features of “a seal” and “an outer valve housing” of instant claim 29 are not found in the specification. Claims 30 and 31 are rejected due to their dependence upon claim 29.
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 1-7, 9-11, 26 and 28-31 (or 27-30) 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.
Claim 1 recites the limitation "the valve arrangement" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim.
The valve arrangement should be changed to the valve assembly.
Claims 2-6, 26 and 28-31 are rejected due to their dependence upon claim 1.
Regarding claim 1 line 21, it is unclear if the recitation “a second fluid input” is an element separate from a fresh air intake, or is the same feature. It is noted that the specification states the second fluid input is a vacuum input, and a first fluid input in the same as the fresh air intake 66.
Regarding claim 4 line 2, it is unclear if the recitation “a boot” is intended to reference the previously recited boot (cl. 1 line 18), or another boot.
Claim 31 recites the limitation "the valve arrangement" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the casing" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claims 9-11 are rejected due to their dependence upon claim 7.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-7, 10, 11, 21-26 and 28-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2008/126941 A1 to Watanabe.
Re-claim 1, Watanabe discloses vehicle, comprising: a plurality of ground engaging members (such as wheels); a frame (as is common with a motorized vehicle, see paragraph 2 of the translation) is supported by the plurality of ground engaging members; an engine (as part of a passenger car, see paragraph 2) is supported by the frame, the engine comprising an engine intake that includes an engine intake inlet; and a brake assembly, comprising: a brake output member (such as a brake booster or fluid conduits to the brake assemblies) is coupled to at least one ground engaging member of the plurality of ground engaging members; a master cylinder (paragraph 2) is coupled to the brake output member; a brake booster 2 is operably coupled to the master cylinder, the brake booster comprising: a body defining a fresh air intake 20a, a conduit (as part of filter 21) extending outwardly from the fresh air intake, an inlet (i.e. opening to the filter) to the conduit is positioned vertically above the brake booster (see figure 2, the inlet is above portion 4 of the booster); a valve assembly 16: an input rod 11 is operatively coupled between a brake input member (i.e. pedal) and the valve assembly 16, a boot 20 includes a boot wall that surrounds at least a portion of the input rod, a first fluid input (such as vacuum input 28) fluidly connects to a source of vacuum (i.e. negative pressure source, such as the engine, as is known in the art) to the brake booster, a second fluid input (interpreted as the air intake and passages within the boot) communicates fresh air to an interior of the boot, the valve assembly 16 is positioned at least partially in the boot and receives air from inside the boot, see figure 2 and paragraph 19.
Re-claims 2 and 3, a vehicle body (as part of the passenger vehicle) is supported by the frame, the vehicle body comprises a hood (as is common with passenger vehicles), the engine intake inlet is positioned underneath the hood; an operator area (i.e. passenger cabin) is supported by the frame, the operator area partially defined by a front panel (such as a firewall or engine compartment wall separating the engine compartment from the passenger compartment), a portion of the brake booster extends through the front panel. The portion of the booster having the brake input member extends through the front panel, as this allows the driver to operate the brake system and booster.
Re-claim 4, the brake booster further comprises a housing 2 and a diaphragm 7 within the housing, a cover 3 is coupled to the housing, the boot 20 is coupled to the housing, and the fresh air intake (as part of 20a/21) is fluidly coupled to the boot, see figure 2.
Re-claim 5, the boot has a first portion (the bellow portion) including a plurality of folds, and at least one fold of the plurality of folds comprises a node (see figure 2 and note the added feature to the interior fold) that separates the at least one fold from the plurality of folds.
Re-claim 6, the boot comprises a second portion (such as the straightened portion attached to the cover 3) offset from the first portion, and the fresh air intake 20a/21 is coupled to the second portion.
Re-claim 7, Watanabe discloses a braking system comprising: a plurality of brake output members (such as wheel brakes); a brake input member (such as a brake pedal attached to rod 11); a master cylinder (see paragraph 2) supplies hydraulic fluid to at least one of the plurality of brake output members; a brake booster 1 is operably coupled between the brake input member and the master cylinder, the brake booster comprising: a housing 2 is fluidly coupled to an engine intake (at 28); a diaphragm 7 is positioned within the housing; an input shaft 11 is operably coupled between the diaphragm and the brake input member; a boot 20 is sealingly coupled about the input shaft 11, the boot is sealingly coupled to the housing (figure 2, the boot is attached to the cover 3 which is attached to the housing, as is consistent with the instant invention); a fresh air intake (at 20a/21) is fluidly coupled to the boot.
Re-claim 10, the boot comprises a first portion and a second portion, and the first portion comprises a plurality of folds (i.e. bellows), and the fresh air intake is fluidly coupled to the second portion (such as shown in figure 2).
Re-claim 11, a node is positioned on at least one fold of the plurality of folds, the node separates the at least one fold from the plurality of folds.
Re-claim 21, Watanabe discloses braking system for a vehicle, comprising: a plurality of brake output members (i.e. wheel brakes); a brake input member (brake pedal or 11); a master cylinder supplies hydraulic fluid to at least one of the plurality of brake output members; a brake booster 2 is coupled between the brake input member and the master cylinder, the brake booster comprising: a valve arrangement (such as 16); first 8, second 9 and third chambers 19, the second chamber 9 is located between the first 8 and third chambers 19, the first and second chambers are separated by a diaphragm 7, the third chamber 19 is defined by a boot 20, the boot has a boot wall that surrounds an axis of the brake booster and includes at least a portion (i.e. bellows portion, see figure 2) that collapses in an orientation along the axis of the brake when the brake booster is actuated by the brake input member; a first fluid input 28 connects to a source of vacuum to an interior of the first chamber 8; a second fluid input 20a/21 communicates fresh air to an interior of the third chamber 19, the second fluid input including a fresh air intake opening defined through the boot wall (see figure 2); the valve arrangement 16 has a first state in which the brake booster is not actuated and a second state in which the brake booster is actuated, when the valve arrangement is in the first state the first chamber 8 is in fluid communication with the second chamber 9 (via passage 22 and chamber 10 and unseated valve 15) and the second chamber is not in fluid communication with the third chamber (since valve 16 is seated), when the valve arrangement is in the second state the second chamber 9 in fluid communication with the third chamber 19 (via unseated valve 16) and the second chamber 9 is not in fluid communication with the first chamber (since valve 15 is closed).
Re-claim 22, the boot includes a non-collapsible portion (the portion attached to the cover 3, see figure 2)and a collapsible portion (i.e. bellows portion), the fresh air intake opening 20a/21 is defined through the non-collapsible portion (see figure 2).
Re-claim 23, the collapsible portion has a pleated configuration with nodes for limiting an amount the pleated configuration can be collapsed.
Re-claim 24, an air flow path 19a is defined within the boot from the fresh air intake opening to the valve arrangement.
Re-claims 25 and 28, the second fluid input includes an air intake conduit (such as opening to air filter 21) in fluid communication with the fresh air intake opening, the air intake conduit is mounted at an exterior of the boot wall. The filter is mounted on an exterior of the wall, and as such any opening to the filter is exterior to the boot wall.
Re-claim 26, the second fluid input includes a fresh air intake opening 20a defined through the boot wall.
Re-claims 29-31, see main housing body 2, cover 3, a seal 29 is between the cover 3 and an outer valve housing 4; the diaphragm is coupled to the main housing and the outer valve housing (see figure 2 and note diaphragm 7 has an internal connection to outer valve housing 4), a first chamber 8 is between the diaphragm and main housing body 2, a second chamber 9 is between the diaphragm 7 and the cover 3, and a third chamber 10/19 is defined between the boot 20 and the cover 3; an output rod 11 is coupled to the valve assembly (or arrangement).
Claim(s) 7, 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,770,949 to Randol.
Re-claim 7, Randol discloses a braking system comprising: a plurality of brake output members 14; a brake input member 24; a master cylinder 35 supplies hydraulic fluid to at least one of the plurality of brake output members; a brake booster 10 is operably coupled between the brake input member and the master cylinder, the brake booster comprising: a housing 30 is fluidly coupled to an engine intake 16; a diaphragm 32 is positioned within the housing; an input shaft 60 is operably coupled between the diaphragm and the brake input member; a boot 23 is sealingly coupled about the input shaft 60, the boot is sealingly coupled to the housing (figure 2); a fresh air intake (along line 20) is fluidly coupled to the boot.
Re-claim 9, the engine intake comprises an intake inlet (i.e. opening associated with line 17, such as at least 19), a portion of the fresh air intake is positioned vertically above the intake inlet (see figure 1).
Re-claim 10, the boot comprises a first portion and a second portion, and the first portion comprises a plurality of folds, and the fresh air intake is fluidly coupled to the second portion (such as shown in figure 5, when actuated).
Re-claim 11, a node is positioned on at least one fold of the plurality of folds, the node separates the at least one fold from the plurality of folds.
Claim(s) 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 195 23 309 A1 to Jakobi et al.
Jakobi et al. disclose a method of manufacture of a brake booster, the method comprising: providing a housing 3, a cover 3’, at least one stud 21 is coupled to the cover, a diaphragm (as common with a vacuum booster), an input rod 9, a pedal member 10, and a boot 12, the at least one stud extends through a portion of the boot (see flange portion 14 and page 3 paragraph 3); inserting the diaphragm into the housing; sealingly coupling the cover to the housing, sealing the diaphragm between the housing and the cover; and sealingly coupling the boot to the cover, the boot sealed about the input rod; and coupling the pedal member (such as portion 11 of the pedal member) to the at least one stud (see figure 5). The diaphragm is sealed between the housing and cover member as is known in the art, as this will seal the chambers as necessary for proper operation. Various reference are herein cited that show a diaphragm arrangement within the housing and cover assembly.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Randol in view of Jakobi et al.
Re-claim 14, Randol teaches a method of manufacture of a brake booster, the method comprising: providing a housing 30, a cover 62, at least one stud (see figure 1 and note the bolts attaching the booster to wall 22 that are adjacent the cover 62) is coupled to the cover, a diaphragm 32, an input rod 60, a pedal member 24, and a boot 23; inserting the diaphragm into the housing; sealingly coupling the cover to the housing, sealing the diaphragm between the housing and the cover (the diaphragm forms a seal between the cover 62 and at least an end portion of the housing); and sealingly coupling the boot to the cover, the boot sealed about the input rod. However, Randol fails to teach the at least one stud extends through a portion of the boot (see flange portion 14 and page 3 paragraph 3), or coupling the pedal member (such as portion 11 of the pedal member) to the at least one stud.
Jakobi et al. teach a brake booster having at least one stud extending through a portion of a boot (see flange portion 14 and page 3 paragraph 3), and coupling a pedal member (such as portion 11 of the pedal member) to the at least one stud. Providing a flange to the boot and extending the flange to include the stud elements improves air tightness of the boot, and the arrangement of having the pedal member coupled to the stud is merely one of choice, as this arrangement is known in the art. Therefore, as per the teachings and suggestions of Jakobi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the boot and pedal connection of Randol and to have coupled the boot and the pedal with the stud as shown and taught in Jakobi et al., as these are interpreted as mere modifications to the structure without affecting the operation of the assembly.
Re-claim 15, further providing a fluid conduit 20; and fluidly coupling the fluid conduit to the boot.
Re-claim 16, further providing an inlet 21 to the fluid conduit; and positioning the inlet at a position above the brake booster (see figure 1).
Re-claim 17, the boot comprises a first portion (adjacent pedal 24) and a second portion (adjacent cover 62), the method further comprises: providing a bulbous region on the first portion (see figure 2 and distal end portion having a bulbous formation); providing an air inlet on the second portion of the boot 23 (air is allowed in at a bottom opening, see figure 5); providing a fluid conduit 20; coupling the fluid conduit to the air inlet (the conduit is coupled to the air inlet via at least elements 30 and 62).
Response to Arguments
Applicant's arguments filed December 18, 2025 have been fully considered but they are not persuasive. It is acknowledged that Randol fails to anticipate or teach the now recited features of instant claim 1. However, the remarks regarding claim are moot as a new rejection has been set forth above.
With regards to instant claim 7, it is noted that the fresh air intake is provided to chamber in front of the diaphragm 32 and when the brake input member is actuated will connect to a volume within the boot, see figure 5. As such the fresh air intake is interpreted as being fluidly coupled to the boot. As per the figures, the boot is sealingly coupled to the input shaft and the housing, see figures, and note the coupling bead formation at each end of the boot.
Upon further consideration it is found that previously objected claims 19 and 20 can in fact be rejected in light of newly found art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Volz teaches an air input above the booster. Morlan and Bischoff each teach a boot flange having passages for a stud.
Any inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
February 6, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616