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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Korea on March 29, 2023. It is noted, however, that the office has not been able to retrieve a certified copy of the application as noted in the notice sent to applicant on August 29, 2024.
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) 1-4 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korean Patent No. KR 20110138532 to Kim.
Regarding Claim 1, Kim ‘532 discloses a brake apparatus (see Figure 1) having all the features of the instant invention including: a reservoir 6 in which oil is accommodated, a master cylinder 5/5a fluidically connected to the reservoir 6 (see Figure 1), a pedal simulator 30 fluidically connected to the master cylinder 5/5a (through line 9) and into which the oil flows (see paragraphs 0038, 0053, and 0055 of the examiner provided translation), and a brake pedal 2 connected to the master cylinder 5/5a and configured to be moved in response to a driver’s operation, wherein the master cylinder 5/5a includes: a first piston (see Figure 1, wherein a piston is inherently present in portion 5a of the master cylinder) movably provided in a first bore (i.e., a bore inherently present within master cylinder portion 5a, and a second piston (see Figure 1, wherein a piston is inherently present in portion 5 of the master cylinder) provided in a second bore (i.e., a bore inherently present within master cylinder portion 5) of the master cylinder and movable by the first piston, wherein the pedal simulator 30 and the master cylinder 5/5a are fluidically connected to each other by a connection line 9 through which the oil flows (see paragraph 0053 of the examiner provided translation), and wherein the connection line 9 is provided with a first valve 23 controlling the flow of the oil to control movement of the second piston (i.e., the piston inherently present within portion 5 of the master cylinder, as discussed in paragraphs 0053-0056).
Regarding Claim 2, Kim ‘532 further discloses that the reservoir 6 and the first bore (i.e., the bore inherently present in portion 5a of the master cylinder) are fluidically connected to each other by a first pipe 8 (see Figure 1 and paragraphs 0036-0041 of the examiner provided translation), wherein the reservoir 6 and the second bore (i.e., the bore inherently present in portion 5 of the master cylinder) are fluidically connected to each other by a second pipe 7 (see Figure 1 and paragraphs 0036-0041 of the examiner provided translation), and wherein a second valve 21 controlling the flow of the oil is provided in the second pipe 7 (see Figure 1 and paragraphs 0046 and 0052 of the examiner provided translation).
Regarding Claim 3, Kim ‘532 further discloses that the first valve 23 and the second valve 21 are selectively opened (see paragraph 0050 of the examiner provided translation).
Regarding Claim 4, Kim ‘532 further discloses that the connection line 9 connects a fourth pipe 10a connected to the second bore (i.e., the bore inherently present in portion 5 of the master cylinder), and the pedal simulator 30 (see Figure 1).
Regarding Claim 12, see Claims 1-3 above.
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.
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) 9, 10, 13, 15, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Korean Patent No. KR 20110318532 to Kim in view of PG Publication No. 2019/0092307 to Kim.
Regarding Claim 9, Kim ‘532 discloses most all the features of the instant invention as applied above, except for the specifics of the pedal simulator including a case including an internal space, a third piston movably provided in the case, a second stopper fixed to the case, a third spring including a first end portion supported by the third piston and a second end portion supported by the second stopper, and a third damper disposed between the third piston and the second stopper.
Kim ‘307 is relied upon merely for their teachings of a brake apparatus (see Figure 1) having a pedal simulator 100 which includes a case 110 including an internal space, a third piston 121 movably provided in the case 110 (see Figure 1), a second stopper 134 fixed to the case 110, a third spring 113 including a first end portion supported by the third piston 121 (at least through elements 123a and 123b as shown in Figure 1) and a second end portion supported by the second stopper 134, and a third damper 125 disposed between the third piston 121 and the second stopper 134 (see Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the pedal simulator of Kim ‘532 to have all the claimed features of Claim 9 as taught by Kim ‘307 in order to provide a buffering means for the pedal simulator for preventing direct contact between a reaction force piston and a simulator block during release of vehicle braking, such that awkwardness or sense of difference felt by a vehicle driver is minimized, resulting in improvement of pedal feel.
Regarding Claim 10, Kim ‘532, as modified, further disclose an inlet 111 into which the oil flows is provided in one end portion of the case 110 (see Figure 1 of Kim ‘307).
Regarding Claim 13, see Claim 9 above.
Regarding Claim 15, Kim ‘532 discloses most all the features of the instant invention as applied to Claims 1 and 12 above, except for the master cylinder including a first spring providing restorative force to the first piston and a second spring providing restorative force to the second piston.
Kim ‘307 is relied upon merely for their teachings of a brake apparatus having a master cylinder 10 including a first spring (see Figure 1 of Kim ‘307 and the right spring of master cylinder 10) providing restorative force to the first piston (see Figure 1 of Kim ‘307 and the right piston of master cylinder 10) and a second spring (see Figure 1 of Kim ‘307 and the left spring of master cylinder 10) providing restorative force to the second piston (Figure 1 of Kim ‘307 and the left piston of master cylinder 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the master cylinder of Kim ‘532 with first and second piston springs as taught by Kim ‘307 in order to provide a buffering means for the master cylinder pistons to better distribute braking force within the master cylinder.
Regarding Claims 19 and 20, see Claim 9 above.
Allowable Subject Matter
Claims 5-8, 11, 14, and 16-18 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 8,010,269 to Toyohira et al., PG Publication No. 2012/0193975 to Ishii, German Patent No. DE 102012203099 to Bayer et al., and Korean Patent No. KR 20120128862 all disclose brake apparatus similar to applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA RODRIGUEZ whose telephone number is (571)272-7122. The examiner can normally be reached Monday - Thursday 7 AM - 5 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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PAMELA RODRIGUEZ
Primary Examiner
Art Unit 3616
/PAMELA RODRIGUEZ/ Primary Examiner, Art Unit 3616 12/15/25