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 § 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 1-2, 4-12, 14-15 and 17-23 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 “control the first transmission subassembly to be fluidly connected to the first cavity, the third transmission subassembly, and the fourth transmission subassembly”. The figures show the first transmission subassembly 21 connected to the first cavity 131, the third transmission subassembly 23, and the fourth transmission subassembly 24. It is not clear what control is required, as the subassemblies are shown physically and fluidly connected. It is not clear if the recitation is intended to require the valves of the subassemblies to be open, or something different.
Claim 1 recites “control the third transmission subassembly to be fluidly connected to the master cylinder or the fourth transmission subassembly to be connected to the brake assembly”. The figures
Show the third transmission subassembly 23 to be connected to the master cylinder 32 and the fourth transmission subassembly 24 connected to the brake assembly 02. It is not clear what control is required, as the subassemblies are shown physically and fluidly connected. It is not clear if the recitation is intended to require the valves of the subassemblies to be open, or something different.
Claim 4 recites “control the first transmission subassembly to be connected to the third transmission subassembly, and control the fourth transmission subassembly to be disconnected from the first transmission subassembly.” The connecting/disconnecting is not clear in the same manner as the claims above.
Claims 5-6, 10-11, 14, 17 and 19-22 recite similar issues with the connecting/disconnecting of transmission subassemblies.
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) 1-2, 4, 6, 11-12, and 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Albert (US# 2021/0237701).
Albert discloses all the limitations of the instant claim including; a pressurizing assembly comprising: a motor M, a pressurizing cylinder 60; a piston comprising: a first end connected to the motor M; and a second end located in the pressurizing cylinder and configured to divide the pressurizing cylinder into a first cavity (primary chamber, fig. 2) and a second cavity (vacuum chamber); and a brake fluid transmission assembly connected to the pressurizing cylinder and comprising: a first transmission subassembly 72 connected to the pressurizing cylinder 60 and configured to be in a first selective fluid connection to the first cavity, a second transmission subassembly (left 48) connected to the pressurizing cylinder 60 and configured to be in a second selective fluid connection to the second cavity, a third transmission subassembly 52 connected to the first transmission subassembly 72 and to the second transmission subassembly (left 48); a fourth transmission subassembly (left 44) connected to the first transmission subassembly 72, to the second transmission subassembly (left 48), and to the third transmission subassembly 52; and a fifth transmission subassembly 112; a brake control assembly connected to the brake fluid transmission assembly, wherein the brake control assembly comprises: a brake pedal 28; and a master cylinder 24 connected to the brake pedal and to the third transmission subassembly 52; a controller 1000 connected to the motor and to the brake fluid transmission assembly; a reservoir 32 connected to the pressurizing cylinder, to the first cavity, to the second cavity, and to the fifth transmission subassembly 112; and a brake assembly connected to the brake fluid transmission assembly, to the fourth transmission subassembly, and to the fifth transmission subassembly, wherein, based on an exhaust instruction, the controller is configured to: control the pressurizing assembly to output brake fluid to the brake fluid transmission assembly; control the brake fluid transmission assembly to fluidly connect the pressurizing cylinder to the brake control assembly or to the brake assembly for exhausting gas in either the brake fluid transmission assembly or the brake assembly; and control the motor to drive the piston to move in a second direction in the pressurizing cylinder, control the first transmission subassembly 72 to be fluidly connected to the first cavity, the third transmission subassembly 52, and the fourth transmission subassembly (left 44), and control either (1) the third transmission subassembly 52 to be fluidly connected to the master cylinder (fig. 3) or (2); the fourth transmission subassembly (left 44) to be fluidly connected to the brake assembly (fig. 4).
Regarding claim 2, the controller is further configured to control the motor to drive the piston to move in a first direction to suck brake fluid from the reservoir into the pressurizing cylinder, wherein the first direction is opposite to the second direction ([0019] re-set).
Regarding claim 4, when the exhaust instruction is for the brake control assembly, the controller is configured to control the first transmission subassembly 72 to be connected to the third transmission subassembly 52, and control the fourth transmission subassembly (left 44) to be disconnected from the first transmission subassembly 72. Fig. 3 [0018].
Regarding claim 6, when the exhaust instruction is for the brake assembly, the controller is further configured to control the motor to drive the piston to move in the second direction, control the first transmission subassembly 72 to be connected to the fourth transmission subassembly (left 44), and control the third transmission subassembly 52 to be disconnected from the fifth transmission subassembly 112. Fig. 4.
Regarding claim 11, Albert discloses all the limitations of the instant claim including; an exhaust control method for a hydraulic brake system, wherein the exhaust control method comprises: obtaining an exhaust instruction ([0017] designated signal); controlling, based on the instruction, a pressurizing assembly 60 of the hydraulic brake system to output brake fluid to a brake fluid transmission assembly 20a and/or 20b of the hydraulic brake system; controlling, based on the exhaust instruction, the brake fluid transmission assembly to fluidly connect a pressurizing cylinder 60 of the pressurizing assembly to a brake assembly (wheel brakes, figure 5), of the hydraulic brake system based on the exhaust instruction, so as to exhaust gas in either the brake fluid transmission assembly or the brake assembly; dividing, with a second end of a piston of the pressurizing assembly, the pressurizing cylinder into a first cavity and a second cavity (figure 2), wherein both the first cavity and the second cavity are fluidly connected to a reservoir 32 of the hydraulic brake system; and either performing (1); controlling, based on the exhaust instruction, a motor M of the pressurizing assembly to drive the piston of the pressurizing assembly to move in a first direction ([0019] figure 4), controlling a second transmission subassembly 72 of the brake fluid transmission assembly, a fourth transmission (left 48) subassembly of the brake fluid transmission assembly, and a fifth transmission subassembly (right 48) of the brake fluid transmission assembly to be fluidly connected to each other ([0020] figure 5), and controlling a first transmission subassembly 52 of the brake fluid transmission assembly to be fluidly disconnected from the first cavity, a third transmission subassembly 44 of the brake fluid transmission assembly and the fourth transmission subassembly (left 48), and after performing (1), controlling, when the exhaust instruction is for the brake assembly, the first transmission subassembly 52 to be fluidly connected to the brake assembly.
Regarding claim 12, wherein before the controlling the pressurizing assembly (figure 4), the exhaust control method further comprises controlling a motor M of the pressurizing assembly to drive a piston of the pressurizing assembly to move in a first direction in the pressurizing cylinder based on the exhaust instruction ([0019] re-set), so as to suck brake fluid from a reservoir 31 of the hydraulic brake system into the pressurizing cylinder, and wherein controlling the pressurizing assembly comprises controlling the motor to drive the piston to move in a second direction (advancing stroke [0019]) in the pressurizing cylinder, so as to output brake fluid from the pressurizing cylinder to the brake fluid transmission assembly (figure 4).
Regarding claim 14 when the exhaust instruction is an exhaust instruction for the brake control assembly, the exhaust control method further comprises: controlling the first transmission subassembly 52 to be fluidly connected to the third transmission subassembly 44, and controlling the fourth transmission subassembly (left 48) to be fluidly disconnected from the first transmission subassembly 52. Figure 4.
Allowable Subject Matter
Claims 5, 7-10, 15 and 17-23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive.
Regarding the 112 2nd rejection, the addition of the word “fluidly” does not appear to clarify the language. Note for instance, claim 1 recites “control the first transmission subassembly to be fluidly connected to the first cavity, the third transmission subassembly, and the fourth transmission subassembly”. The figures show the first transmission subassembly 21 connected to the first cavity 131, the third transmission subassembly 23, and the fourth transmission subassembly 24.
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It is not clear what control is required, as the subassemblies are shown physically and fluidly connected. There are no valves or structures capable of fluid connection or disconnection between 21 and 131, between 21 and 23 and between 21 and 24.
Regarding claim 1, it is noted that applicant’s amendments have broadened the claim, necessitating a rejection in view of Albert (US# 2021/0237701).
Regarding claim 11, the limitations of claim 16 appear to be added to the second alternative of the performing steps “performing (2): controlling” and are therefore not necessarily required by the claim. The rejection above is based on Albert disclosing the first alternative performing step “performing (1): controlling” as set forth in the rejection above.
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 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.
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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.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK