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 § 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 (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 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.
Claim(s) 1-7 and 9-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 1595398.
Re-claim 1, GB ‘398 discloses an externally adjustable pressure modulating valve, comprising: a valve body extending along a valve axis, the valve body is provided with a pressure port (as part of chambers 11/31), an output port (as part of chambers 16/23), a tank port (such as any of ports 21 or pressure ports, as a tank port is not defined by the specification and is thus broadly interpreted to include any type of port), and a plunger cavity; a valve spool 6 (as elements actuated by 6) is retained in the valve body and moves along the valve axis; an input plunger 3 in the plunger cavity and moves along the valve axis between a resting position and a fully actuated position; one or more modulation springs (see figure) are located in a modulation spring cavity between the input plunger and the valve spool; and an adjustment mechanism (such as 3’) is operable from an outside of the valve to change a force of the one or more modulation springs when the input plunger is in the fully actuated position. Element 3’ is adjustable relative to the valve body and is used to adjust a position of spring support 4 as well as a mechanical stop. See annotated figure below.
Re-claims 2 and 3, the adjustment mechanism is a threaded sleeve 3’, rotation of the threaded sleeve changes a mechanical stop of the input plunger. Sleeve 3’ is provided with a shoulder that will act as a stop for the plunger 3.
Re-claim 4, the mechanical stop comprises a retaining ring (see figure and note the ring located therein) received in a circumferential recess inside of the threaded sleeve 3’.
Re-claims 5 and 6, a locking structure, or lock screw locks in position the threaded sleeve 3’.
Re-claim 7, the adjustment mechanism adjusts an axial dimension of the modulation spring cavity, such as changing the position of at least spring support 4.
Re-claim 9, the valve body comprises a first valve portion (i.e. sleeve 3’) and a second valve portion (i.e. the valve body), the first valve portion 3’ has a threaded sleeve received in a threaded recess (see figure) in the second valve portion, rotating the first valve portion with respect to the second valve portion changes an axial dimension of the modulation spring cavity.
Re-claim 10, a locking nut on the threaded sleeve is located between the first valve portion and the second valve portion, see figure and note the lock nut on sleeve 3’.
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Re-claim 11, an actuation surface of plunger 3 (i.e. recess) is varied by movement of sleeve 3’.
Re-claim 12, the axially adjustable engagement surface comprises a threaded cap 3’ on an end of the input plunger.
Re-claim 13, the valve includes an inner modulation spring and an outer modulation spring 5.
Re-claim 14, spring 5 is at least a plunger return spring arranged to bias the input plunger 3 toward the resting position.
Re-claim 15, GB ‘398 is part of a brake pedal assembly, comprising: a base plate (i.e. support structure); the externally adjustable pressure modulating valve is mounted to the base plate; and a brake pedal is pivotably mounted to the base plate and having an actuator configured and arranged to actuate the input plunger of the pressure modulating valve.
Re-claim 16, an adjustment mechanism comprises a threaded sleeve 3’ in the plunger cavity, rotation of the threaded sleeve changes a mechanical stop of the input plunger.
Re-claim 17, the adjustment mechanism adjusts an axial dimension of the modulation spring cavity. Movement of sleeve 3’ results in movement of spring support plate 4 and thus varying the spring cavity.
Re-claim 18, movement of sleeve 3’ will result in movement of plunger 3 and thus an axially adjustable actuation surface on the input plunger. The recess of plunger 3 is interpreted as actuation surface.
Re-claim 19, GB ‘398 discloses a method of adjusting a pressure modulating valve, comprising: providing a pressure modulating valve having an input plunger 3, the pressure modulating valve configured to be externally adjustable to adjust a spring force of a modulation spring when the input plunger is fully actuated (such as movement of sleeve 3’); determining an output pressure at a given supply pressure when the input plunger is fully actuated; and adjusting an axial position of a mechanical stop and/or an axial dimension of a modulation spring cavity. Both a stop and axial dimension of the spring cavity are adjusted by rotation of sleeve 3’ relative to the valve body.
Re-claim 20, adjusting the axial position of the mechanical stop and/or the axial dimension of the modulation spring cavity includes rotating a threaded sleeve 3’ in the valve body, the input plunger 3 is at least partially received in the threaded sleeve, see figure.
Claim(s) 1, 2, 5-8, 11-17, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 1592937.
Re-claim 1, GB ‘937 discloses an externally adjustable pressure modulating valve, comprising: a valve body 1 extending along a valve axis, the valve body is provided with a pressure port (such as 3 and 4), an output port (such as 5 and 6), a tank port (such as either port 3, 4 or exhaust), a plunger cavity; a valve spool 18 is retained in the valve body and moves along the valve axis; an input plunger 16 in the plunger cavity and moves along the valve axis between a resting position and a fully actuated position; one or more modulation springs 22/24 (see figure 1) are located in a modulation spring cavity between the input plunger and the valve spool; an adjustment mechanism 40 is operable from an outside of the valve to change a force of the one or more modulation springs when the input plunger is in the fully actuated position. Adjusting the position of guide 40 moves at least plate 30 and mechanical stop 36. See annotated figure below.
Re-claim 2, the adjustment mechanism is a threaded sleeve 40, rotation of the threaded sleeve changes a mechanical stop 36 of the input plunger. Adjustment of sleeve 40 will move shoulder 36. Shoulder 36 acts as a stop for at least spring plate 32.
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Re-claims 5 and 6, a locking structure, or lock screw locks in position the threaded sleeve 40.
Re-claim 7, the adjustment mechanism adjusts an axial dimension of the modulation spring cavity, such as changing the position of at least spring support 30.
Re-claim 8, the modulation spring cavity is defined at least in part by a hollow region in the input plunger 16, the adjustment mechanism comprises a threaded cap 40 on the input plunger, the threaded cap rotatable to change the axial dimension of the modulation spring cavity.
Re-claim 11, an actuation surface of plunger 16 is varied by movement of sleeve 40. The actuation surface may include the threads, which are varied by rotation of sleeve 40, thus changing the thread surface that carries out the actuation force.
Re-claim 12, the axially adjustable engagement surface comprises a threaded cap (such as the nut) on an end of the input plunger.
Re-claim 13, the valve includes an inner modulation spring 24 and an outer modulation spring 22.
Re-claim 14, a plunger return spring 17 is arranged to bias the input plunger 16 toward the resting position.
Re-claim 15, GB ‘937 is part of a brake pedal assembly, comprising: a base plate (i.e. support structure); the externally adjustable pressure modulating valve is mounted to the base plate; and a brake pedal is pivotably mounted to the base plate and having an actuator configured and arranged to actuate the input plunger of the pressure modulating valve, see page 2 lines 90-100.
Re-claim 16, an adjustment mechanism comprises a threaded sleeve 40 in the plunger cavity, rotation of the threaded sleeve changes a mechanical stop (such as 36) of the input plunger. Adjustment of sleeve 40 will move shoulder 36. Shoulder 36 acts as a stop for at least spring plate 32.
Re-claim 17, the adjustment mechanism adjusts an axial dimension of the modulation spring cavity. Movement of sleeve 40 results in movement of spring support plate 30 and thus varying the spring cavity.
Re-claim 19, GB ‘937 discloses a method of adjusting a pressure modulating valve, comprising: providing a pressure modulating valve having an input plunger 16, the pressure modulating valve configured to be externally adjustable to adjust a spring force of a modulation spring when the input plunger is fully actuated (such as movement of sleeve 40); determining an output pressure at a given supply pressure when the input plunger is fully actuated; and adjusting an axial position of an mechanical stop and/or an axial dimension of a modulation spring cavity. Both a stop 36 and axial dimension of the spring cavity are adjusted by rotation of sleeve 40 relative to the valve body 1.
Re-claim 20, adjusting the axial position of the mechanical stop and/or the axial dimension of the modulation spring cavity includes rotating a threaded sleeve 40 in the valve body, the input plunger 16 is at least partially received in the threaded sleeve.
Response to Arguments
Applicant's arguments filed April 17, 2026 have been fully considered but they are not persuasive. With regards to GB ‘398, it is noted that the input plunger is element 3, whereas the adjustment mechanism is element 3’ which surrounds and is independently movable with respect to element 3, as these elements are separate from each other. The input plunger moves relative to the adjustment mechanism which is threaded to an upper housing feature of the pressure modulating valve. Rotational movement of 3’ will change a force of a modulating spring 5. As such, the functional recitation “when the input plunger is in the fully actuated position” can be carried out by element 3’. The adjustment mechanism of GB ‘398 can be rotated during a static position of the input plunger as the remarks require (see page 7). In addition, the adjustment mechanism can be rotated during conditions in which the input plunger is fully actuated, as suggested by the claim language. It is further noted that the adjustment mechanism can be rotated during non-actuation of the input plunger. As such the rejection is maintained.
With regards to GB ‘937, as evident from figure 1, the position of element 30 is changed by rotating the threaded shaft 40. This is done by first rotating the nut at the outer distal end of the shaft 40, whereupon one can easily adjust the position of the shaft and disc 30. The nut is then tightened to lock in the position of the shaft 40. The shaft 40 effectively operates as the recited adjustment mechanism, which can be adjusted during a static position of the input plunger. As for the remarks regarding the placement of the modulation springs 22/24. The modulation springs are positioned between the input plunger 16 and the spool valve 18, as well as 11’, which cooperates with 18, as shown in figure 1. As such the rejection is maintained.
With regards to GB ‘088, upon further consideration it is position of the Office that the modulation spring is not positioned between the input plunger and the valve spool. As such this rejection is withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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
May 15, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616
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