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 § 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.
Claims 1-5, 9-11, 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sumser (DE 10127799 A1).
Regarding Claim 1, Sumser discloses a vehicle, comprising: a continuous braking device (see [0003]), wherein the continuous braking device comprises a non-firing piston engine (11), which can be drivingly coupled to a drive train shaft (24) of the vehicle and which is configured, during operation, for conveying air from an air inlet of the piston engine to an air outlet of the piston engine and for thereby compressing the air and for causing deceleration of the vehicle by performing compression work (see Fig. 1, [0007-0008]).
Regarding Claim 2, Sumser discloses wherein the piston engine is not an internal combustion engine and/or is not configured for propelling of the vehicle (see Fig. 1, [0004]).
Regarding Claim 3, Sumser discloses wherein the continuous braking device comprises a throttle device (25) arranged downstream of the air outlet of the piston engine (11) and configured for causing a braking back pressure at the air outlet of the piston engine (11) by reducing the air flow rate (see Fig. 1, [0027]).
Regarding Claim 4, Sumser discloses wherein the throttle device (25) comprises an adjustable throttle valve (25) arranged in an outlet duct connected to the air outlet of the piston engine (11), wherein the throttle valve (25) is movable between a closed position closing off the outlet duct and an open position opening the outlet duct (see Fig. 1, [0027]).
Regarding Claim 5, Sumser discloses wherein, for supplying compressed air to the piston engine (11), the air inlet is connected to a compressed air reservoir or to an outlet of an air compressor (14) via a connecting duct (see Fig. 1).
Regarding Claim 9, Sumser discloses wherein the piston engine (11) is not used for filling a compressed air brake system and an air suspension system of the vehicle (see Fig. 1)
Regarding Claim 10, Sumser discloses wherein the vehicle comprises a coupling device (16) configured for selectively drivingly coupling and decoupling the piston engine (11) and the drive train shaft (24) (see Fig. 1, [0025]).
Regarding Claim 11, Sumser discloses wherein the piston engine (11) is a single-cylinder piston engine or a multicylinder piston engine (see Fig. 1, [0024]).
Regarding Claim 13, Sumser discloses a method of braking, a vehicle, comprising: coupling a non-firing piston engine (11) of a continuous braking device to a drive train shaft (24) of a vehicle; driving the piston engine (11) by the drive train shaft (24); and performing compression work by the piston engine (11) for generating a braking torque acting on the drive train shaft (24) (see Fig. 1, [0025], Claims 10-14).
Regarding Claim 14, Sumser discloses the method of braking a vehicle according to claim 13, further comprising: conveying air from an air inlet of the piston engine (11) to an air outlet of the piston engine (11); throttling the air flow by means of a throttle device (25) arranged downstream of the air outlet of the piston engine (11) to build up a braking back pressure at the air outlet of the piston engine (11) (see Fig. 1, [0025-0027], Claims 10-14).
Regarding Claim 15, Sumser discloses the method of braking a vehicle according to claim 14, further comprising: supplying compressed air to the air inlet of the piston engine (11) from a compressed air reservoir or from an outlet of an air compressor (14) to the piston engine (11) at a beginning of a braking process (see Fig. 1, [0025], Claims 10-14).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sumser (DE 10127799 A1) in view of Schechter (US 7607503 B1).
Regarding Claim 6, Sumser discloses the vehicle according to Claim 1.
Sumser does not explicitly disclose wherein, a) the air inlet comprises an inlet valve for controlling the supply of air into the piston engine, the inlet valve being operable via a first valve train; and b) the air outlet comprises an outlet valve for controlling the air discharge from the piston engine, the outlet valve being operable via a second valve train.
Schechter teaches vehicle with a piston engine brake wherein a) the air inlet comprises an inlet valve (24) for controlling the supply of air into the piston engine (12), the inlet valve (24) being operable via a first valve train (see 17: 31-42); and b) the air outlet comprises an outlet valve (26) for controlling the air discharge from the piston engine (12), the outlet valve (26) being operable via a second valve train (see 17: 31-42).
It would have been obvious, to one of ordinary skill in the art, at the time of invention to combine the teachings of Schechter with the vehicle of Sumser in order to control the braking effect by modulating the inlet and outlet valves (see US 7607503 B1 [Schechter]; 6:9-29)
Regarding Claim 7, Sumser modified by Schechter teaches wherein, a) the first valve train is an electric, hydraulic, or pneumatic valve train (see US 7607503 B1 [Schechter]; 17: 31-42); or b) the second valve train is an electric, hydraulic, or pneumatic valve train (see US 7607503 B1 [Schechter]; 17: 31-42); or c) the first valve train and the second valve train are operable independently of each other (see US 7607503 B1 [Schechter]; 17: 31-42).
Regarding Claim 8, Sumser modified by Schecter teaches wherein the piston engine (11) comprises a constant throttle valve (25) actuatable via a third valve train, the third valve train being configured for keeping the constant throttle valve permanently in an open position (see DE 10127799 A1 [Sumser]; Fig. 1, [0027]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sumser (DE 10127799 A1) in view of Kuo (US 20170361817 A1)
Regarding Claim 12, Sumser discloses the vehicle according to Claim 1.
Sumser appears to, but does not explicitly, disclose wherein, the continuous braking device comprises a retarder; or the continuous braking device comprises a hydrodynamic retarget; or the continuous braking device comprises an electro-dynamic retarder.
Kuo teaches wherein, the continuous braking device comprises a retarder (100); or the continuous braking device comprises a hydrodynamic retarget; or the continuous braking device comprises an electro-dynamic retarder (see Fig. 1, [0003-0004]).
It would have been obvious to, one of ordinary skill in the art at the time of invention, to combine the teachings of Kuo with the vehicle of Sumser in order to improve the retardation braking effect with a simple structure and resistance to heat generation (see US 20170361817 A1 [Kuo]; [0006-0007]).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pedersen (US 20210131358 A1), Meneely (US 5787858), and Park Jun Kyu (KR 20200001431 A).
Pedersen teaches an engine braking system wherein the piston engine is connected to the atmosphere.
Meneely teaches an engine braking system wherein the piston engine has an exhaust valve that can be held partially open.
Park Jun Kyu teaches an engine braking system for an electric Windmill Generator.
Conclusion
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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