DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/17/2026 has been entered.
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, wherein the first electronic open-loop and closed-loop control unit ECU A or B and the second electronic open-loop and closed-loop control unit ECU B or A are electrically independent of one another [0046][0047]. 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, wherein the first electronic open-loop and closed-loop control unit ECU A or B and the second electronic open-loop and closed-loop control unit ECU B or A are electrically independent of one another [0046][0047], 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 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 the first electronic open-loop and closed-loop control unit and the second electronic open-loop and closed-loop control unit ECU are electrically independent of one another, and 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. Tarandek et al disclose 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, where the controllers are electrically independent of each other [0166]. 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 electrically independent controller and two separate windings for the actuator and of Biller, such as taught by 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, Tarandek et al teach an 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 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) and Tarandek et al (US# 2022/0194339), as applied to claim 1 above, in further view of Drumm (US# 2015/0035353).
Biller further discloses 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 7/17/2026 have been fully considered but they are not persuasive.
Regarding Zimmerman, [0046][0047] indicate that device A/ECU A includes a first electrical energy source and device B/ECU B includes a second electrical energy source, the second electrical energy source is independent of the first energy source.
Regarding Tarandek et al, note [0166] discloses that the control units are electrically independent of one another.
Regarding claim 18, Applicant’s arguments have been addressed in the Advisory action of 8/04/2026.
Conclusion
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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