Prosecution Insights
Last updated: July 17, 2026
Application No. 18/246,674

ELECTROHYDRAULIC BRAKE CONTROLLER FOR A MOTOR VEHICLE, AND BRAKE SYSTEM COMPRISING SUCH A BRAKE CONTROLLER

Final Rejection §102§103
Filed
Mar 25, 2023
Priority
Sep 28, 2020 — EU 20465564.1 +2 more
Examiner
KING, BRADLEY T
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Continental AG
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
680 granted / 961 resolved
+18.8% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
35 currently pending
Career history
1000
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
63.7%
+23.7% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 961 resolved cases

Office Action

§102 §103
DETAILED ACTION 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) 1-4, 6-7, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feigel et al (US# 2016/0009263). Feigel et al disclose all the limitations of the instant claim including; an electrohydraulic brake controller 1 for a motor vehicle, comprising: at least two first output ports and two second output ports for at least four hydraulically actuable wheel brakes 8a-8d, a first electronic open-loop and closed-loop control unit 201 or 301, a second electronic open-loop and closed-loop control unit 301 or 201, a pressure medium reservoir 4 under atmospheric pressure, an inlet valve 6a-6d for each first and second output port, an outlet valve 7a-7d for each first and second output port, via which the respective output port is connected to the pressure medium reservoir 4, a pressure source formed by a cylinder-piston arrangement 5 with a pressure chamber 50 and a piston 51 which is moveable by an electromechanical actuator 35, a brake line section 13a/13b to which the at least four inlet valves 6a/6d are connected, wherein the pressure chamber 50 is connected via a first electrically actuable pressure activation valve 26a/26b to the brake line section 13a/13b, and wherein when the first electronic open-loop and closed-loop control unit 201 or 301 fails, the electromechanical actuator 35 is activated by the second electronic open-loop and closed-loop control unit 301 or 201 and builds up pressure to actuate the wheel brakes, and when the second electronic open-loop and closed-loop control unit fails, the electromechanical actuator 35 is activated by the first electronic open-loop and closed-loop control unit 201 or 301 and builds up pressure to actuate the wheel brakes. [0061][0079][0081]. Regarding claim 2, the electromechanical actuator 35 comprises a double-wound electric motor with a first motor winding 135 and a second motor winding 235, the first motor winding 135 being activated by the first electronic open-loop and closed-loop control unit 201 and the second motor winding 135 being activated by the second electronic open-loop and closed-loop control unit 301. Regarding claim 3, the first pressure activation valve 26a/26b and at least the inlet 6a/6b and outlet valves 7a/7b of the first output ports are actuated by the first electronic open-loop and closed-loop control unit 201. [0078] Regarding claim 4, the first electrically actuable pressure activation valve 26a is normally closed (figure 1) and the pressure chamber is connected via a second electrically actuable pressure activation valve 26b, which is normally closed, to the brake line section which is actuated by the second electronic open-loop and closed-loop control unit 301 [0074] or 201 [0060]. Regarding claim 6, no valve is arranged in the brake line section between the first electrically actuable pressure activation valve 26a/26b and each of the inlet valves 6. Regarding claim 7, the inlet 6c/6d and outlet valves 7c/7d of the second output ports are actuated by the first electronic open-loop and closed-loop control unit [0078], and the brake line section is connected to the pressure medium reservoir (4, via 2) via a separation valve device having at least one first electrically actuable separation valve 23a/23b, the first separation valve being actuated by the second electronic open-loop and closed-loop control unit [0081]. Regarding claim 14, electrically actuable parking brakes 306 are provided on the wheels assigned to the wheel brakes 8b/8d of the second output ports, the electrically actuable parking brakes being actuated by the first electronic open-loop and closed-loop control unit 301. [0080] 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 1-4, 6-7, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann (US# 2020/0276963) in view of Feigel et al (US# 2016/0009263) or Tarandek et al (US# 2022/0194339). Zimmermann discloses an electrohydraulic brake controller(figure 1) for a motor vehicle, comprising: at least two first output ports and two second output ports for at least four hydraulically actuable wheel brakes 8a-8d, a first electronic open-loop and closed-loop control unit ECU A or B, a second electronic open-loop and closed-loop control unit ECU B or A, a pressure medium reservoir 4 under atmospheric pressure, an inlet valve 6a-6d for each first and second output port, an outlet valve 7a-7d for each first and second output port, via which the respective output port is connected to the pressure medium reservoir 4, a pressure source formed by a cylinder-piston arrangement 5 with a pressure chamber 75 and a piston 85 which is moveable by an electromechanical actuator 35, a brake line section 13 to which the at least four inlet valves 6a/6d are connected, wherein the pressure chamber 75 is connected via a first electrically actuable pressure activation valve 26 or 60 to the brake line section 13. Zimmermann lack the disclosure of, when the first electronic open-loop and closed-loop control unit A or B fails, the electromechanical actuator 35 is activated by the second electronic open-loop and closed-loop control unit B or A and builds up pressure to actuate the wheel brakes, and when the second electronic open-loop and closed-loop control unit fails, the electromechanical actuator 35 is activated by the first electronic open-loop and closed-loop control unit A or B and builds up pressure to actuate the wheel brakes. Feigel et al discloses a similar brake system and further teach two windings on an actuator 35 such that the actuator can be controlled by two different controllers 201/301 in the case of a failure of one of the controllers. Tarandek et al also discloses a similar brake system and further teach two windings on an actuator 336 such that the actuator can be controlled by two different controllers 400/500 in the case of a failure of one of the controllers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide separate windings for the actuator and configure the ECUs to each control a winding in the device of Zimmermann, such as taught by Feigel et al or Tarandek et al, to further increase the redundancy of the brake system and allow braking with the primary source 5 of Zimmermann in the case of a failure of the ECU A. Note [0070] of Zimmermann discloses that the primary source 5 is stronger or larger than the second. Use of the primary source is therefore preferable when the source is available for maximum braking performance. Regarding claim 2, Feigel et al and Tarandek et al each teach a electromechanical actuator comprising a double-wound electric motor with a first motor winding and a second motor winding, the first motor winding being activated by the first electronic open-loop and closed-loop control unit and the second motor winding being activated by the second electronic open-loop and closed-loop control unit. Regarding claim 3, the first pressure activation valve 26 and at least the inlet 6a/6b and outlet valves 7a/7b of the first output ports are actuated by the first electronic open-loop and closed-loop control unit ECU B. [0066][0068] Regarding claim 4, the first electrically actuable pressure activation valve 61 is normally closed [0042] and the pressure chamber is connected via a second electrically actuable pressure activation valve 62, which is normally closed, to the brake line section 13b which is actuated by the second electronic open-loop and closed-loop control unit B. Regarding claim 6, no valve is arranged in the brake line section between the first electrically actuable pressure activation valve 60 and each of the inlet valves 6a-d. Regarding claim 7, the inlet 6c/6d and outlet valves 7c/7d of the second output ports are actuated by the first electronic open-loop and closed-loop control unit ECU B [0068], and the brake line section 13 is connected to the pressure medium reservoir (4, via 2) via a separation valve device having at least one first electrically actuable separation valve 26 or 27, the first separation valve being actuated by the second electronic open-loop and closed-loop control unit (valve 26, second ECU B or valve 27, second ECU A [0066]). Regarding claim 17, Zimmermann discloses a brake system comprising: an actuation unit 1/3 for a vehicle driver, an electrohydraulic brake controller, at least two first output ports and two second output ports for at least four hydraulically actuable wheel brakes 8a-d, a first electronic open-loop and closed-loop control unit A or B, a second electronic open-loop and closed-loop control unit B or A, an inlet valve 6a-d for each first and second output port, an outlet valve 7a-d for each first and second output port, via which the respective output port is connected to a pressure medium reservoir 4, wherein a pressure source is formed by a cylinder-piston arrangement 2 with a pressure chamber 72 and a piston 82 (or 5/75/85), wherein the piston can be pushed back and forth by an electromechanical actuator 32 or 35, a brake line section 13 to which the at least four inlet valves 6a-d are connected, wherein the pressure chamber 72 or 75 is connected via a first electrically actuable pressure activation valve 27 or 26 or 60 to the brake line section, and wherein the electromechanical actuator 32 or 35 is activated by the second electronic open-loop and closed-loop control unit B or A [0066]; and wherein the actuation unit 1/3 is connected to the brake controller by transmitting a driver's request signal and there is no mechanical-hydraulic connection from the actuation unit to the brake controller. Zimmermann lack the disclosure of, when the first electronic open-loop and closed-loop control unit A or B fails, the electromechanical actuator 32 or 35 is activated by the second electronic open-loop and closed-loop control unit B or A and builds up pressure to actuate the wheel brakes, and when the second electronic open-loop and closed-loop control unit B or A fails, the electromechanical actuator 32 or 35 is activated by the first electronic open-loop and closed-loop control unit A or B and builds up pressure to actuate the wheel brakes. Feigel et al discloses a similar brake system and further teach two windings on an actuator 35 such that the actuator can be controlled by two different controllers 201/301 in the case of a failure of one of the controllers. Tarandek et al also discloses a similar brake system and further teach two windings on an actuator 336 such that the actuator can be controlled by two different controllers 400/500 in the case of a failure of one of the controllers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide separate windings for the actuator and configure the ECUs to each control a winding in the device of Zimmermann, such as taught by Feigel et al or Tarandek et al, to further increase the redundancy of the brake system and allow braking with the primary source 5 of Zimmermann in the case of a failure of the ECU A. Note [0070] of Zimmermann discloses that the primary source 5 is stronger or larger than the second. Use of the primary source is therefore preferable when the source is available for maximum braking performance. Claims 1-3, 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biller (US# 2020/0290586) in view of Feigel et al (US# 2016/0009263) or Tarandek et al (US# 2022/0194339). Biller discloses an electrohydraulic brake controller for a motor vehicle, comprising: at least two first output ports and two second output ports for at least four hydraulically actuable wheel brakes 24a-24d, a first electronic open-loop and closed-loop control unit ECU 50, a pressure medium reservoir 23 under atmospheric pressure, an inlet valve 25a-d for each first and second output port, an outlet valve 26a-d for each first and second output port, via which the respective output port is connected to the pressure medium reservoir 23, a pressure source formed by a cylinder-piston arrangement 25 with a pressure chamber and a piston which is moveable by an electromechanical actuator M, a brake line section 40 to which the at least four inlet valves 25a-d are connected, wherein the pressure chamber is connected via a first electrically actuable pressure activation valve 28 to the brake line section 40. Biller lack a second electronic open-loop and closed-loop control unit ECU, wherein when the first electronic open-loop and closed-loop control unit 50 fails, the electromechanical actuator M is activated by the second electronic open-loop and closed-loop control unit and builds up pressure to actuate the wheel brakes, and when the second electronic open-loop and closed-loop control unit fails, the electromechanical actuator M is activated by the first electronic open-loop and closed-loop control unit 50 and builds up pressure to actuate the wheel brakes. Feigel et al discloses a similar brake system and further teach two controllers 201/301 and two windings on an actuator 35 such that the actuator can be controlled by the two different controllers 201/301 in the case of a failure of one of the controllers. Tarandek et al also discloses a similar brake system and further teach two controllers 400/500 and two windings on an actuator 336 such that the actuator can be controlled by the two different controllers 400/500 in the case of a failure of one of the controllers. 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 controller and two separate windings for the actuator and of Biller, such as taught by Feigel et al or Tarandek et al, to further increase the redundancy of the brake system and allow braking with the primary source 22 of Biller in the case of a failure of the ECU 50. Regarding claim 2, Feigel et al and Tarandek et al each teach a electromechanical actuator comprising a double-wound electric motor with a first motor winding and a second motor winding, the first motor winding being activated by the first electronic open-loop and closed-loop control unit and the second motor winding being activated by the second electronic open-loop and closed-loop control unit. Regarding claim 3, the first pressure activation valve 28 and at least the inlet 25a/25b and outlet valves 26a/26b of the first output ports are actuated by the first electronic open-loop and closed-loop control unit ECU 50. Regarding claim 6, no valve is arranged in the brake line section between the first electrically actuable pressure activation valve 28 and each of the inlet valves 25a-d. Regarding claim 18, the brake line section 40 is directly connected to the at least four inlet valves 25a-d, and the brake line section comprises a continuous brake line section without any valve therein. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Feigel et al (US# 2016/0009263) in view of Drumm (US# 2015/0035353). Feigel et al further disclose that each of the inlet valves 6 is normally open, and each of the outlet valves 7 is normally closed. Figure 1. Feigel et al lack the specific disclosure of the inlet valves being activatable analogously. Drumm discloses a similar brake system and further teach normally open inlet valves activated analogously or in an analog manner by being supplied with different currents to set wheel specific brake pressures [0016][0030]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide inlet valves controlled in an analog manner, such as taught by Drumm, in the device of Feigel et al to facilitate setting wheel-specific brake pressures, thereby maximizing brake performance. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann (US# 2020/0276963), Feigel et al (US# 2016/0009263) or Tarandek et al (US# 2022/0194339), as applied to claim 1 above, in further view of Drumm (US# 2015/0035353). Zimmermann et al further disclose that each of the inlet valves 6 is normally open, and each of the outlet valves 7 is normally closed. Figure 1. Zimmermann et al lack the specific disclosure of the inlet valves being activatable analogously. Drumm discloses a similar brake system and further teach normally open inlet valves activated analogously or in an analog manner by being supplied with different currents to set wheel specific brake pressures [0016][0030]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide inlet valves controlled in an analog manner, such as taught by Drumm, in the device of Zimmermann et al to facilitate setting wheel-specific brake pressures, thereby maximizing brake performance. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Biller (US# 2020/0290586), Feigel et al (US# 2016/0009263) or Tarandek et al (US# 2022/0194339), as applied to claim 1 above, in further view of Drumm (US# 2015/0035353). Biller further disclose that each of the inlet valves 25a-d is normally open (figure 1, [0036][0042]), and each of the outlet valves 26a-d is normally closed. Biller lacks the specific disclosure of the inlet valves being activatable analogously. Drumm discloses a similar brake system and further teach normally open inlet valves activated analogously or in an analog manner by being supplied with different currents to set wheel specific brake pressures [0016][0030]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide inlet valves controlled in an analog manner, such as taught by Drumm, in the device of Biller to facilitate setting wheel-specific brake pressures, thereby maximizing brake performance. Response to Arguments Applicant's arguments filed 3/24/2026 have been fully considered but they are not persuasive. Regarding Feigel, Applicant argues that the reference discloses two separate brake supply lines 13a and 13b, not one brake line section, as they are separated by valves 26a and 26b. This is not persuasive as “brake line section” is broad and does not preclude valves in the section. Supply lines 13a/13b and the connecting portion with valves 26a/26b read upon the recited brake line section. Regarding Zimmerman, Applicant argues that the reference discloses two separate brake supply lines 13a and 13b, not one brake line section, as they are separated by valves 61 and 62. This is not persuasive as “brake line section” is broad and does not preclude valves in the section. Supply line 13 reads upon the recited brake line section. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRADLEY T KING/Primary Examiner, Art Unit 3616 BTK
Read full office action

Prosecution Timeline

Mar 25, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection mailed — §102, §103
Mar 24, 2026
Response Filed
May 28, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
94%
With Interview (+23.5%)
3y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 961 resolved cases by this examiner. Grant probability derived from career allowance rate.

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