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 .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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(s) 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 2 821 303 A1 to Balogh.
Balogh teach a braking system, comprising:
a spring brake actuator 8 having a spring brake chamber for controlling application of a spring brake, a spring brake control assembly 5;
an immobilizer valve 3 (i.e. parking valve or locking valve) which is movable between a brake release position and an immobilize position (i.e. park or locking position),
the brake release position configures the spring brake control assembly so that it is operable to move between a first state (brake release state) in which flow of pressurized fluid is permitted into the spring brake chamber and a second state (brake actuation state) in which the spring brake chamber is vented to a low pressure region (when valve 3 is placed into a condition connecting port 3.1 to port 3.3, the immobilizer valve 3 is then configured or capable of transmitting the flow of pressurized fluid from source A via valve 1 to the spring brake chamber via valve 5, and vent the spring brake chamber upon movement of valve 1 to its second position, port 1.1 connecting port 1.3, thus venting valve 5 via valve 2 and thereby venting the spring brake chamber via valve 5);
the immobilize position (as shown in figure 1) configuring the spring brake control assembly so that it is operable to move to the second state (venting spring brake chamber to atmosphere) and to prevent the first state (the first state or brake release state can only be achieved through operation of valve 1 or 2 once the immobilizer valve 3 is placed in this immobilize position),
a supply line A provides a supply of pressurized fluid to the immobilizer valve and the spring brake control assembly, the immobilizer valve configured such that when the supply line is depressurized, the immobilizer valve automatically moves to its immobilize position (figure 1) and the spring brake control assembly is moved to its second state (i.e. brake actuation state), and thereby immobilize any type of vehicle to which the brake system is arranged thereon, the supply line A connects and disconnects from a pressurized pressure source (including as part of a towing vehicle).
Balogh fails to teach the brake system arranged on or part of a trailer and thus connected to a towing vehicle. However, this is interpreted as a mere intended use of the brake system on a trailer, of which it appears clearly capable for use therewith. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have recognized that the brake system is capable of use on a trailer and connected to a towing vehicle having a pressure source.
Allowable Subject Matter
Claims 28-30 and 33-43 are allowed.
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 inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
February 13, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616