DETAILED CORRESPONDENCE
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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted as of 2/12/2026 have been considered.
Claim Rejections - 35 USC § 112
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 1-9 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 pre-AIA the applicant regards as the invention.
Claim 1 is drawn to a control apparatus, which is a device. However, claim 1 also recites the active method steps of “wherein the control portion acquires a first physical amount…. sets a second physical amount… and determines the completion of the application operation”. This raises confusion as to what the scope of the claim is, namely it is unclear when infringement occurs. For example, does infringement occur when the control apparatus is made that has a control portion “configured” to acquire the first physical amount, set the second physical amount and determine the completion of the application operation, or when these steps are actually carried out.
Claims 1, 8 and 9 recite, “determines the completion of the application operation when a physical amount indicating the application operation reaches the second physical amount”. Previously recited was “a first physical amount indicating a change in a current applied to the electric motor”, “a physical amount regarding a stroke of a brake pedal”, and “a second physical amount”. It is unclear if this instance of “a physical amount” is the same or different than any of the previously recited physical amounts. The remainder of the claim suggests that when the first physical amount exceeds a predetermined threshold value, it is determined that the application operation is completed, but then the claim says that this determination of completion is made when “a physical amount” indicating the application operation reaches the second physical amount. Further, it is unclear if two physical amounts have to reach the second physical amount, or only one.
Claim 9 is drawn to a brake apparatus, which is a device. However, claim 9 also recites the active method steps of “wherein the control portion acquires a first physical amount…. sets a second physical amount… and determines the completion of the application operation”. This raises confusion as to what the scope of the claim is, namely it is unclear when infringement occurs. For example, does infringement occur when the control apparatus is made that has a control portion “configured” to acquire the first physical amount, set the second physical amount and determine the completion of the application operation, or when these steps are actually carried out.
Dependent claims not specifically mentioned are rejected due to dependency on a rejected base claim for failing to cure the deficiencies of the base claim.
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 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.
Claims 1 and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kondo et al. (U.S. 2010/0072811).
Regarding claims 1, 8 and 9, Kondo discloses a control apparatus for a brake, a method for controlling a brake apparatus, and a brake apparatus, (see figs. as shown) comprising:
a hydraulic mechanism configured to provide a braking force to a vehicle (see pgh. 0031, generating hydraulic pressure and providing the brake mechanism with hydraulic pressure) by pressing a frictional member (11) against a rotational member (12) rotating together with a wheel based on a hydraulic pressure; and a parking brake mechanism (see fig. 2) configured to hold the braking force by an electric motor (10) controlled by a control portion (EPB-ECU 9 at least), wherein the control portion controls driving of the electric motor (see pgh. 0055-0060 at least)
acquires a first physical amount (pgh. 0061 at least, M/C pressure is detected) indicating a change in a current applied to the electric motor, the hydraulic pressure, or a physical amount regarding a stroke of a brake pedal (W/C pressure generation) at the time of an application operation, which is a holding operation of the parking brake mechanism (M/C pressure is a hydraulic pressure that is indicated by the first physical amount, at least),
sets a second physical amount (target motor current value increase quantity TMIUP, at least) indicating completion of the application operation so as to make it smaller (by a correction value IDOWN) when the first physical amount exceeds a predetermined threshold value (M/C pressure greater than zero), compared to when the first physical amount is equal to or smaller than the threshold value (when M/C pressure is 0, the correction value IDOWN does not correct the target motor current value increase quantity TMIUP), and
determines the completion of the application operation when a physical amount indicating the application operation reaches the second physical amount (step 245, rotation of the motor is stopped, indicating the parking brake operation is complete).
Regarding claim 5, Kondo discloses the control portion determines that the brake pedal is pressed by a passenger of the vehicle when the first physical amount exceeds the threshold value (see pgh. 0064, M/C pressure is the pedal depression force, and pgh. 0061, the M/C pressure is larger than zero)
Regarding claim 6, Kondo discloses when the vehicle is determined to be stopped (pgh. 0052 at least, “maintain the vehicle in the parked state”), the control portion sets the second physical amount indicating the completion of the application operation so as to make it smaller when the first physical amount exceeds the threshold value, compared to when the first physical amount is equal to or smaller than the threshold value (when M/C pressure is 0, the correction value IDOWN does not correct the target motor current value increase quantity TMIUP), and determines the completion of the application operation when the physical amount indicating the application operation reaches the second physical amount (step 245, rotation of the motor is stopped, indicating the parking brake operation is complete).
Regarding claim 7, Kondo discloses 7 the control portion reduces the second physical amount according to a magnitude of the hydraulic pressure (the subtraction value IDOWN corresponds to the M/C pressure, see pgh. 0063-0067).
Allowable Subject Matter
Claims 2-4 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if rewritten to overcome any 112(b) rejections, as appropriate.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The documents listed on the PTO-892 disclose various parking brake control devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID MORRIS whose telephone number is (571)270-3595. The examiner can normally be reached Monday thru Friday; 8:30 AM - 5:00 PM.
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/DAVID MORRIS/
Primary Examiner
Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616