Prosecution Insights
Last updated: April 17, 2026
Application No. 18/285,998

FAIL-SAFE BRAKING SYSTEM

Non-Final OA §102§103§112
Filed
Oct 06, 2023
Examiner
KING, BRADLEY T
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
unknown
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
95%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
666 granted / 940 resolved
+18.9% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
53 currently pending
Career history
993
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
36.7%
-3.3% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
29.7%
-10.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 940 resolved cases

Office Action

§102 §103 §112
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 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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, 3-6, 8, 10, 12-14, 16, 22-24, 28-34, and 37-38 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 “a return spring RF arranged to exert a force on the valve actuator or valve tappet to prevent the at least one of the switching valves from tearing shut.” It is not clear what is meant by “tearing shut”. Claim 8 recites “a tearing force”. It is not clear what force corresponds to “a tearing force”. Claim 23 recites “the additional force device”. There is insufficient antecedent basis for this limitation in the claim. Claim 33 recites “a separating valve”. It is not clear if this corresponds to “at least one separating valve” of parent claim 1, or is an additional valve. Claim 34 recites “wherein, in the case of two brake circuits, the separating valve is arranged to separate or connect the brake circuits.” It is not clear if “in the case of two brake circuits” positively requires two brake circuits. 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, 8, 10, 13, 22-23, 29-31 and 33-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leiber et al (US# 2018/0312153). Leiber et al disclose all the limitations of the instant claim including; at least two wheel brake cylinders RB1/RB2, which are each part of separate wheel circuits BK1/BK2, at least one pressure supply 20, which serves at least to build up pressure in the wheel brake cylinders, at least one reservoir 10, at least one electronic control and regulating device (ECU [0025]), switching valves EV1/EV2, wherein each wheel brake cylinder is connected via a respective hydraulic connecting line to a respective one of the switching valves, wherein the switching valves are arranged to hydraulically connect or disconnect the respective wheel brake cylinders and at least one hydraulic main line via which the switching valves are enabled to be connected to the at least one pressure supply 20, wherein the at least one hydraulic main line or the respective hydraulic connecting line and respective wheel brake cylinder connected to the respective hydraulic connecting line form part of a respective wheel circuit, wherein at least one of the following is true: the at least one of the switching valves has a force-applying device ES with an associated magnetic field, by means of which the force-applying device exerts a force on a valve actuator or valve tappet MStö or at least one of the switching valves has a return spring RF arranged to exert a force on the valve actuator or valve tappet to prevent the at least one of the switching valves from tearing shut [0038], or the brake system further includes at least one separating valve TV1/TV2/BV arranged to separate or connect at least two of the wheel circuits or at least two brake circuits. Figures 1, 1b, 6 and 6a. Regarding claim 4, at least one BK1/BK2 of the at least two brake circuits is assigned to at least two wheel circuits. Figure 6. Regarding claim 6, a respective one EV1 of the switching valves comprises a solenoid valve with an electromagnetic drive, via which a valve actuator or valve tappet is enabled to be adjusted between an open valve position and a closed valve position. Figure 1b. Regarding claim 8, a force of the return spring RF is dimensioned such that it is greater than or equal to a sum of a frictional force and a tearing force. [0038][0039] Regarding claim 10, the brake system has two pressure supplies 2/20, wherein, in a first functional state, a respective one of the two pressure supplies is assigned to a respective brake circuit to control pressure supply in the wheel circuits associated with the brake circuit, or wherein both pressure supplies are associated with both/all of the at least two brake circuits. Note both pressure supplies are associated with both of the at least two brake circuits. Regarding claim 13, a master brake cylinder 2 is arranged to be actuated via a brake pedal. [0023] Regarding claim 22, a respective one of the wheel circuits includes an exhaust valve AV1/AV2 associated with the respective wheel brake cylinder of the respective wheel circuit. Regarding claim 23, the force of the additional force device ES is generated by means of a current-carrying electromagnet ES and/or a permanent magnet. Regarding claim 29, the at least one pressure supply comprises an electric motor-driven piston-cylinder system 20. [0026] Regarding claim 30, the at least one pressure supply comprises an electric motor-driven rotary pump. [0058] “positive displacement pump (e.g. geared pump)”. Regarding claim 31, the at least one pressure supply comprises at least two pressure supplies 2/20, and wherein one of the at least two pressure supplies serves as a redundant pressure supply and serves as a backup in an event of failure of another one of the at least two pressure supplies. Regarding claim 33, at least one 20 of the at least two pressure supplies is able to be separated from one or more of the brake circuits by means of a separating valve TV1/TV2. Regarding claim 34, wherein, in the case of two brake circuits, the separating valve BV is arranged to separate or connect the brake circuits. Claim(s) 1, 3-5, 10, 12-14, 16, 22, 29-31, 33-34 and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leiber et al (US# 2017/0327098). Leiber et al disclose all the limitations of the instant claim including; at least two wheel brake cylinders [0041], which are each part of separate wheel circuits HL1/HL2, at least one pressure supply DHK, which serves at least to build up pressure in the wheel brake cylinders, at least one reservoir VB, at least one electronic control and regulating device (motor controller [0046] and/or MUX controller [0109]), switching valves [0048], wherein each wheel brake cylinder is connected via a respective hydraulic connecting line to a respective one of the switching valves, wherein the switching valves are arranged to hydraulically connect or disconnect the respective wheel brake cylinders and at least one hydraulic main line via which the switching valves are enabled to be connected to the at least one pressure supply DHK, wherein the at least one hydraulic main line or the respective hydraulic connecting line and respective wheel brake cylinder connected to the respective hydraulic connecting line form part of a respective wheel circuit, wherein at least one of the following is true: the brake system further includes at least one separating valve EADK/EASK arranged to separate or connect at least two of the wheel circuits or at least two brake circuits. Regarding claim 3, in a functional state in which at least one of the wheel circuits HL2 has a functional fault which is above a specific fault degree threshold (degree at which the leak is detected), the pressure control: disconnects the at least one of the wheel circuits with the functional fault at least temporarily from the rest of the brake system or from the other wheel circuits or from the pressure supply, or separates or connects at least two of the wheel circuits or brake circuits from one another by means of the at least one separating valve EADK. [0147] Regarding claim 4, at least one of the at least two brake circuits is assigned to at least two wheel circuits. Regarding claim 5, wherein the electronic control and regulating device determines, based upon a diagnosis of leakage of one or more of the wheel circuits, whether one or more of the wheel circuits is switched off by closing a respective switching valve EADK/EASK. [0147] Regarding claim 10, the brake system has two pressure supplies THZ/DHK, wherein, in a first functional state, a respective one of the two pressure supplies is assigned to a respective brake circuit to control pressure supply in the wheel circuits associated with the brake circuit, or wherein both pressure supplies are associated with both/all of the at least two brake circuits. Note both pressure supplies are associated with both of the at least two brake circuits. Regarding claim 12, in an event of a failure of a first one DHK of the two pressure supplies the second one THZ of the two pressure supplies takes over the function of the first pressure supply, in addition to its own function. [0078] Regarding claim 13, a master brake cylinder THZ is arranged to be actuated via a brake pedal 1. Regarding claim 14, a pressure chamber or pressure chambers of the master brake cylinder THZ is or are each connected to a brake circuit by means of a hydraulic line, with at least one isolating valve TVSK/TVDK serving to selectively shut off the hydraulic line. Regarding claim 16, each respective one of the wheel brake cylinders (note only two are required) is connected to a respective one of the switching valves EADK/EASK via a respective hydraulic connecting line, wherein the respective one of the switching valves is used to connect and disconnect a hydraulic connection of the respective wheel brake cylinders to at least one further hydraulic main line HL4 which the respective one of the switching valves is connected at least to the pressure supply, in which in each respective case, the respective hydraulic connecting line and the respective wheel brake cylinder are part of a respective one of the wheel circuits, wherein, as a function of a diagnosis of a degree of leakage in a respective one of the wheel circuits, the electronic control and regulating device is configured to control the respective switching valve of the respective one of the wheel circuits to switch off the respective one of the braking circuits or to permits the respective one of the braking circuits to continue to operate. [0147] Regarding claim 22, a respective one of the wheel circuits includes an exhaust valve AV associated with the respective wheel brake cylinder of the respective wheel circuit. [0048] Regarding claim 29, the at least one pressure supply comprises an electric motor-driven piston-cylinder system DHK. Regarding claim 30, the at least one pressure supply comprises an electric motor-driven rotary pump. Figure 2a. [0075] Regarding claim 31, the at least one pressure supply comprises at least two pressure supplies THZ/DHK, and wherein one THZ of the at least two pressure supplies serves as a redundant pressure supply and serves as a backup in an event of failure of another one of the at least two pressure supplies or pressure supply DHK serves to support at least one other pressure supply THZ of the at least two pressure supplies to generate pressures and/or to achieve brake system dynamics that are higher than would otherwise be possible. Regarding claim 33, at least one 20 of the at least two pressure supplies is able to be separated from one or more of the brake circuits by means of a separating valve TV1/TV2 or EADK/EASK. Regarding claim 34, wherein, in the case of two brake circuits, the separating valve EADK/EASK is arranged to separate or connect the brake circuits. Regarding claim 38, Leiber et al discloses a master brake cylinder THZ ; a travel simulator WS; and a separating valve TV arranged to separate at least one of the brake circuits from the master brake cylinder, wherein, in an event of leakage of the travel simulator, the master brake cylinder, or the separating valve, the pressure supply is controlled to control a pressure in the master brake cylinder to achieve a desired pedal characteristic or pedal force as a function of pedal travel using a pressure transmitter or a pedal force sensor. [0118] Claim(s) 1, 3-4, 6, 8, 10, 12-14, 22-23, 29, 33-34 and 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leiber (US# 2020/0114894). Leiber disclose all the limitations of the instant claim including; at least two wheel brake cylinders RB, which are each part of separate wheel circuits BK1/BK2, at least one pressure supply DV, which serves at least to build up pressure in the wheel brake cylinders, at least one reservoir R, at least one electronic control and regulating device M-ECU, switching valves SV, wherein each wheel brake cylinder is connected via a respective hydraulic connecting line to a respective one of the switching valves (figure 5a), wherein the switching valves are arranged to hydraulically connect or disconnect the respective wheel brake cylinders and at least one hydraulic main line via which the switching valves are enabled to be connected to the at least one pressure supply DV, wherein the at least one hydraulic main line or the respective hydraulic connecting line and respective wheel brake cylinder connected to the respective hydraulic connecting line form part of a respective wheel circuit, wherein at least one of the following is true: the at least one of the switching valves has a force-applying device ES with an associated magnetic field, by means of which the force-applying device exerts a force on a valve actuator or valve tappet MStö or at least one of the switching valves has a return spring RF arranged to exert a force on the valve actuator or valve tappet to prevent the at least one of the switching valves from tearing shut [0107], or the brake system further includes at least one separating valve BV arranged to separate or connect at least two of the wheel circuits or at least two brake circuits Regarding claim 3, in a functional state in which at least one of the wheel circuits has a functional fault which is above a specific fault degree threshold (degree at which the failure of MO or MO2 is detected), the pressure control: disconnects the at least one of the wheel circuits with the functional fault at least temporarily from the rest of the brake system or from the other wheel circuits or from the pressure supply, or separates or connects at least two of the wheel circuits or brake circuits from one another by means of the at least one separating valve BV. [0118] Regarding claim 4, at least one of the at least two brake circuits is assigned to at least two wheel circuits. Regarding claim 6, a respective one EV of the switching valves comprises a solenoid valve with an electromagnetic drive, via which a valve actuator or valve tappet is enabled to be adjusted between an open valve position and a closed valve position. Figure 5b. Regarding claim 8, a force of the return spring RF is dimensioned such that it is greater than or equal to a sum of a frictional force and a tearing force. [00107][0108] Regarding claim 10, the brake system has two pressure supplies MO/MO’, wherein, in a first functional state, a respective one of the two pressure supplies is assigned to a respective brake circuit to control pressure supply in the wheel circuits associated with the brake circuit, or wherein both pressure supplies are associated with both/all of the at least two brake circuits. [0117][0118] Regarding claim 12, in an event of a failure of a first one of the two pressure supplies the second one of the two pressure supplies takes over the function of the first pressure supply, in addition to its own function. [0117][0118] Regarding claim 13, a master brake cylinder BE is arranged to be actuated via a brake pedal. Figure 6. Regarding claim 14, a pressure chamber or pressure chambers of the master brake cylinder BE is or are each connected to a brake circuit by means of a hydraulic line, with at least one isolating valve TV1/TV2 serving to selectively shut off the hydraulic line. Regarding claim 22, a respective one of the wheel circuits includes an exhaust valve AV associated with the respective wheel brake cylinder of the respective wheel circuit. Regarding claim 23, the force of the additional force device ES is generated by means of a current-carrying electromagnet ES and/or a permanent magnet. Regarding claim 29, the at least one pressure supply comprises an electric motor-driven piston-cylinder system DV/DE. Regarding claim 31, the at least one pressure supply comprises at least two pressure supplies MO/MO’, and wherein one of the at least two pressure supplies serves as a redundant pressure supply and serves as a backup in an event of failure of another one of the at least two pressure supplies. [0116][0117] Regarding claim 33, at least one of the at least two pressure supplies is able to be separated from one or more of the brake circuits by means of a separating valve BV1/BV2. Regarding claim 34, wherein, in the case of two brake circuits, the separating valve BV is arranged to separate or connect the brake circuits. Regarding claim 37, in an event of a faulty exhaust valve AV, pressure reduction and pressure build-up in an associated wheel circuit takes place via the switching valve SV of the respective wheel circuit. Note [0110] discloses pressure dissipation through both the outlet valves and inlet valves with a MUX method. Therefore, in the event of a faulty AV, pressure reduction and build up can take place through the inlet valve via the MUX method. Claim(s) 1, 3-4, 10, 12, 22, 28-29, and 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maj et al (US# 2019/0308601). Maj et al disclose all the limitations of the instant claim including; at least two wheel brake cylinders 4/6/8/10, which are each part of separate wheel circuits I/II, at least one pressure supply 14, which serves at least to build up pressure in the wheel brake cylinders, at least one reservoir 22, at least one electronic control and regulating device 24, switching valves 86/88/110/114, wherein each wheel brake cylinder is connected via a respective hydraulic connecting line to a respective one of the switching valves, wherein the switching valves are arranged to hydraulically connect or disconnect the respective wheel brake cylinders and at least one hydraulic main line via which the switching valves are enabled to be connected to the at least one pressure supply 14, wherein the at least one hydraulic main line or the respective hydraulic connecting line and respective wheel brake cylinder connected to the respective hydraulic connecting line form part of a respective wheel circuit, wherein at least one of the following is true: the brake system further includes at least one separating valve 150 arranged to separate or connect at least two of the wheel circuits or at least two brake circuits. Regarding claim 3, in a functional state in which at least one of the wheel circuits has a functional fault which is above a specific fault degree threshold (degree at which the electrical system is detected), the pressure control: disconnects the at least one of the wheel circuits with the functional fault at least temporarily from the rest of the brake system or from the other wheel circuits or from the pressure supply, or separates or connects at least two of the wheel circuits or brake circuits from one another by means of the at least one separating valve 150. Figures 2 and 3. Regarding claim 4, at least one of the at least two brake circuits is assigned to at least two wheel circuits. Regarding claim 10, the brake system has two pressure supplies 14/16, wherein, in a first functional state, a respective one of the two pressure supplies is assigned to a respective brake circuit to control pressure supply in the wheel circuits associated with the brake circuit (figures 2-3), or wherein both pressure supplies are associated with both/all of the at least two brake circuits (Figure 1). Regarding claim 12, in an event of a failure of a first one DHK of the two pressure supplies the second one THZ of the two pressure supplies takes over the function of the first pressure supply, in addition to its own function. [0078] Regarding claim 22, a respective one of the wheel circuits includes an exhaust valve 90/92/120/122 associated with the respective wheel brake cylinder of the respective wheel circuit. Regarding claim 28, including a level sensor (BFLS shown in the figures) arranged to determine a level of the reservoir. Regarding claim 29, the at least one pressure supply comprises an electric motor-driven piston-cylinder system. Regarding claim 37, in an event of a faulty exhaust valve 90 (for instance, power loss due to wiring or electrical system B1 failure), pressure reduction and pressure build-up in an associated wheel circuit takes place via the switching valve 86 of the respective wheel circuit. [0055] 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. Claim 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leiber et al (US# 2018/0312153) in view of Kocourek (US# 2013/0284955). Leiber et al disclose an electromagnetic drive ES, but lack a force-applying device having a force being opposed to a force of the electromagnetic drive. Kocourek disclose a similar valve and further teach a force-applying device 22/24 having a force being opposed to a force of an electromagnetic drive 5 to provide damping to the valve. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the force-applying device taught by Kocourek to the valve of Leiber et al to provide temperature independent damping, thereby improving control in all weather conditions. Claim 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leiber (US# 2020/0114894) in view of Kocourek (US# 2013/0284955). Leiber disclose an electromagnetic drive ES, but lack a force-applying device having a force being opposed to a force of the electromagnetic drive. Kocourek disclose a similar valve and further teach a force-applying device 22/24 having a force being opposed to a force of an electromagnetic drive 5 to provide damping to the valve. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the force-applying device taught by Kocourek to the valve of Leiber to provide temperature independent damping, thereby improving control in all weather conditions. Claim 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leiber (US# 2020/0114894) in view of Reuter et al (US# 2022/0161774). Leiber further disclose the pressure supply comprises a first motor M and a second motor M or M2, wherein the first motor is a brushless motor with 2×3 phases and redundant control [0048]. Leiber lack the second motor being a 1-phase motor. Reuter et al disclose a similar brake system and further teach the use of a single phase motor which only requires two connectors [0069]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the second motor of Leiber as a single phase motor, such as taught by Reuter et al, to simplify wiring and/or reduce costs. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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

Oct 06, 2023
Application Filed
Dec 31, 2025
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600332
Vehicle Braking System
2y 5m to grant Granted Apr 14, 2026
Patent 12600334
ELECTRONIC BRAKE DEVICE
2y 5m to grant Granted Apr 14, 2026
Patent 12600337
HYDRAULIC BRAKE APPARATUS FOR VEHICLE AND CONTROL METHOD THEREFOR
2y 5m to grant Granted Apr 14, 2026
Patent 12601385
SHOCK ABSORBER
2y 5m to grant Granted Apr 14, 2026
Patent 12600338
AIR MANAGEMENT SYSTEM AND METHOD FOR REUSING EXHAUSTED AIR
2y 5m to grant Granted Apr 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
95%
With Interview (+24.4%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 940 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in for Full Analysis

Enter your email to receive a magic link. No password needed.

Free tier: 3 strategy analyses per month