DETAILED ACTION
Response to Amendment
The response filed 3/11/2026 has been entered. Claims 1-31 remain pending, with claim 12 allowed and claim 26 objected to.
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(s) 1, 7-11, 13-14, 17-25, and 27-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Azahaf (EP3031681A1) in view of Hagerskans (US2023/0066117A1).
Regarding claim 1, Azahaf teaches a method for the emergency stopping of a commercial vehicle (See Figure 2 and corresponding paragraphs of the English translation), the commercial vehicle having a pneumatic brake system with a primary service brake system and a parking brake system, which are supplied by at least one compressed air reservoir (included in the pneumatic braking system) (Paragraphs 0002, 0015, 0028, 0030, 0034, 0036), the primary service brake system having a primary electronic service brake control unit (configuration of controller 2 or control unit 5) capable of controlling the primary service brake system and a plurality of service brake actuators (See "service brake system" description and control [via electronic control] throughout the Specification [Paragraphs 0002, 0013, 0014, 0018, 0020, 0024, 0028, 0030, 0035, 0036), the parking brake system having an electronic parking brake control unit (configuration of controller 2 or control unit 4) capable of controlling the parking brake system and a plurality of parking brake actuators (e.g., "the at least one spring-loaded brake cylinder") on at least one vehicle axle (See "service brake system" description and control [via electronic control] throughout the Specification), the pneumatic brake system having a plurality of wheel speed sensors, which provide wheel speed signals to the primary electronic service brake control unit and the electronic parking brake control unit (Paragraph 0033), and the pneumatic brake system being configured to receive an emergency stopping signal (Paragraph 0033 or 0036); the method comprising: receiving the emergency stopping signal at the primary electronic service brake control unit (Paragraph 0033 or 0036); braking the commercial vehicle via the primary service brake system (Figure 2, S5; Paragraph 0035); and ascertaining a commercial vehicle speed (V) (Figure 2; S1; Paragraphs 0033-0035).
Azahaf does not teach actuating said parking brake actuators via said parking brake system in response to a predetermined emergency stopping time elapsing.
Hagerskans teaches an emergency stop control method/system for a pneumatic braking system including a parking brake (120) (Figures 1-2; Paragraphs 0022-0037), said parking brake system having an electronic parking brake control unit for controlling the parking brake system and parking brake actuators on at least one vehicle axle (See Figures 1-2 and Paragraphs 0023+), wherein the system comprises a wireless receiver for receiving the emergency stopping signal provided by a remote transmitter, in order to allow “manual activation input from a local or remote user of” the vehicle (Paragraph 0011), and wherein actuating the parking brake actuators includes actuating the parking brake actuators via said parking brake system in response to a predetermined emergency stopping time elapsing, in order to allow the emergency stop controller time to attempt emergency braking via the service brake first and only use the parking brake actuators as backup, unless there is a detected failure in the service brake (Paragraphs 0012-0013, 0031, 0039).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Azahaf, as suggested and taught by Hagerskans, such that it includes actuating said parking brake actuators via said parking brake system in response to a predetermined emergency stopping time elapsing in order to allow the emergency stop controller time to attempt emergency braking via the service brake first and only use the parking brake actuators as backup.
Regarding claim 7, the modified method of Azahaf discloses the invention of claim 1 as discussed above, and Azahaf teaches ascertaining the predetermined emergency stopping time on a basis of at least one parameter including at least one of: state variables of the primary service brake system or a secondary service brake system; activity of an ABS function; wheel speed signals; speed of the commercial vehicle; friction coefficient; expected friction coefficient; vehicle weight; learned values or profiles of the brake system (Paragraphs 0005, 0011-0014, 0017-0018, 0023-0025, 0031, and 0034-0035).
Regarding claim 8, the modified method of Azahaf discloses the invention of claim 1 as discussed above, and Azahaf teaches that the emergency stopping signal is provided from a permanently wired emergency stop switch of the commercial vehicle, wirelessly from a remote transmitter, and/or from a transmitter inside the commercial vehicle (Paragraphs 0028-0033).
Regarding claim 9, the modified method of Azahaf discloses the invention of claim 1 as discussed above, and Azahaf teaches that the parking brake actuators include at least one spring brake cylinder, which is configured to be opened when aerated and closed when deaerated by a spring force; and, said braking the commercial vehicle by the parking brake system includes a venting of at least one of said at least one spring brake cylinder (Paragraphs 0002, 0028, 0034).
Regarding claim 10, the modified method of Azahaf discloses the invention of claim 1 as discussed above, and Azahaf teaches that the parking brake system has a parking brake valve unit; the parking brake valve unit is connected to the at least one compressed air reservoir (inherent to the pneumatic brake system) or a further compressed air reservoir and to the parking brake actuators; and, the electronic parking brake control unit switches one or more valves of the parking brake valve unit in order to actuate the parking brake actuators via the parking brake system (Paragraphs 0002, 0028, 0034).
Regarding claim 11, the modified method of Azahaf discloses the invention of claim 10 as discussed above, and Azahaf teaches that the parking brake valve unit is monostable; the parking brake valve unit is configured to be switched into a first switch position in which the parking brake actuators are released via provision of an electrical signal; and, the parking brake valve unit is further configured to be switched in a monostable manner into a second switch position in which the parking brake actuators are closed when the electrical signal ceases (Paragraphs 0002, 0028, etc.).
Regarding claim 29, the modified method of Azahaf discloses the invention of claim 1 as discussed above, and Azahaf teaches ascertaining a commercial vehicle speed (V) if/when the commercial vehicle speed is below a predetermined speed threshold value (V1, V2), and actuating the parking brake actuators via the parking brake system in response (Figure 2, S6; Paragraphs 0033-0035).
Regarding claim 31, the modified method of Azahaf discloses the invention of claim 1 as discussed above, and Azahaf teaches that only one control unit of the
primary electronic service brake control unit (2/2a) and the electronic parking brake control unit (4) receives the emergency stopping signal directly and then provides the emergency stopping signal to the remaining control unit (Paragraphs 0030, 0032-0035).
Regarding claim 13 and 21, Azahaf teaches a pneumatic brake system with an emergency stopping function for a commercial vehicle (See Figure 2 and corresponding paragraphs of the English translation), the pneumatic brake system comprising: a primary service brake system and a parking brake system, which are supplied by at least one compressed air reservoir (Paragraphs 0002, 0015, 0028, 0030, 0034, 0036); said primary service brake system having a primary electronic service brake control unit (controller 2 or control unit 5) capable of controlling the primary service brake system and service brake actuators (See "service brake system" description and control [via electronic control] throughout the Specification [Paragraphs 0002, 0013, 0014, 0018, 0020, 0024, 0028, 0030, 0035, 0036); said parking brake system having an electronic parking brake control unit (controller 2 or control unit 4) capable of controlling the parking brake system and parking brake actuators on at least one vehicle axle (See "service brake system" description and control [via electronic control] throughout the Specification); a plurality of wheel speed sensors configured to provide wheel speed signals to the primary electronic service brake control unit and the electronic parking brake control unit (Paragraph 0033); said primary electronic service brake control unit being configured to receive an emergency stopping signal (Paragraph 0033 or 0036) and, in response to receiving said emergency stop signal, to brake the commercial vehicle via said primary service brake system (Figure 2, S5; Paragraph 0035); and, said electronic parking brake control unit being configured to ascertain the commercial vehicle speed (V) (Figure 2; S1; Paragraphs 0033-0035) and to actuate said parking brake actuators via said parking brake system if the commercial vehicle speed is below a predetermined speed threshold value (V1, V2).
Azahaf does not teach actuating said parking brake actuators via said parking brake system in response to a predetermined emergency stopping time elapsing.
Hagerskans teaches an emergency stop control method/system for a pneumatic braking system including a parking brake (120) (Figures 1-2; Paragraphs 0022-0037), said parking brake system having an electronic parking brake control unit for controlling the parking brake system and parking brake actuators on at least one vehicle axle (See Figures 1-2 and Paragraphs 0023+), wherein the system comprises a wireless receiver for receiving the emergency stopping signal provided by a remote transmitter, in order to allow “manual activation input from a local or remote user of” the vehicle (Paragraph 0011), and wherein actuating the parking brake actuators includes actuating the parking brake actuators via said parking brake system in response to a predetermined emergency stopping time elapsing, in order to allow the emergency stop controller time to attempt emergency braking via the service brake first and only use the parking brake actuators as backup, unless there is a detected failure in the service brake (Paragraphs 0012-0013, 0031, 0039).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Azahaf, as suggested and taught by Hagerskans, such that it includes a wireless receiver for receiving the emergency stopping signal provided by a remote transmitter in order to allow manual activation input from a local or remote user of the vehicle, and such that it includes actuating said parking brake actuators via said parking brake system in response to a predetermined emergency stopping time elapsing in order to allow the emergency stop controller time to attempt emergency braking via the service brake first and only use the parking brake actuators as backup.
Regarding claim 14, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Hagerskans teaches that the electronic parking brake control unit is configured to receive said emergency stopping signal and, in an event that braking of the commercial vehicle by said primary service brake system is not possible, to brake the commercial vehicle via the parking brake system (Paragraphs 0013 and 0031).
Regarding claim 17, the modified system of Azahaf discloses the invention of claim 14 as discussed above, and both Azahaf and Hagerskans teach that said electronic parking brake control unit is configured to brake the commercial vehicle directly or in steps (inherent).
Regarding claim 18, the modified system of Azahaf discloses the invention of claim 14 as discussed above, and both Azahaf and Hagerskans teach that the commercial vehicle is braked by the parking brake system directly or in steps in a slip controlled, speed dependent or friction coefficient dependent manner (See speed dependent control detailed in both).
Regarding claim 19, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Azahaf teaches that said electronic parking brake control unit is configured to ascertain the predetermined emergency stopping time on a basis of at least one of: state variables of said primary service brake system or of a secondary service brake system; activity of an ABS function; wheel speed signals; speed of the commercial vehicle; friction coefficient; expected friction coefficient; vehicle weight (Paragraphs 0005, 0011-0014, 0017-0018, 0023-0025, 0031, and 0034-0035).
Regarding claim 20, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Azahaf teaches a connection for a permanently wired emergency stop switch via which said emergency stopping signal is configured to be triggered (Paragraphs 0028-0033).
Regarding claim 22, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Azahaf teaches that said primary electronic service brake control unit is configured to receive said emergency stopping signal from a transmitter inside the commercial vehicle (Paragraphs 0028-0033).
Regarding claim 23, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Azahaf teaches that said parking brake actuators include at least one spring brake cylinder configured to be open when aerated and to close by a spring force when deaerated (Paragraphs 0002, 0028, 0034).
Regarding claim 24, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Azahaf teaches that the parking brake system has a parking brake valve unit; the parking brake valve unit is connected to the compressed air reservoir (inherent to the pneumatic brake system) or a further compressed air reservoir and to the parking brake actuators; and, the electronic parking brake control unit switches one or more valves of the parking brake valve unit in order to actuate the parking brake actuators via the parking brake system (Paragraphs 0002, 0028, 0034).
Regarding claim 25, the modified system of Azahaf discloses the invention of claim 24 as discussed above, and Azahaf teaches that the parking brake valve unit is monostable; the parking brake valve unit is configured to be switched into a first switch position in which the parking brake actuators are released via provision of an electrical signal; and, the parking brake valve unit is further configured to be switched in a monostable manner into a second switch position in which the parking brake actuators are closed when the electrical signal ceases (Paragraphs 0002, 0028, etc.).
Regarding claim 27, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Azahaf teaches a commercial vehicle having the system included (as previously cited).
Regarding claim 28, the modified system of Azahaf discloses the invention of claim 27 as discussed above, and Hagerskans teaches that the commercial vehicle is an autonomous commercial vehicle (title of the invention; Paragraphs 0001, 0023; Claim 13).
Regarding claim 30, the modified system of Azahaf discloses the invention of claim 13 as discussed above, and Azahaf teaches that said electronic parking brake control unit is configured to actuate said parking brake actuators via said parking brake system in response to the commercial vehicle speed being below a predetermined speed threshold value (V1, V2) (Figure 2, S6; Paragraphs 0033-0035).
Claim(s) 2-6 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Azahaf (EP3031681A1) in view of Hagerskans (US2023/0066117A1) as applied to claims 1-3 and 13 above, and further in view of Wulf (US2019/0118786A1).
Regarding claim 2, the modified method of Azahaf discloses the invention of claim 1 as discussed above, and Azahaf teaches that the emergency stopping signal is received also at the electronic parking brake control unit (See previously cited sections), but does not teach that in response to braking of the commercial vehicle by the primary service brake system not being possible, braking the commercial vehicle via the parking brake system.
Wulf teaches a method for emergency stopping of a commercial vehicle, the commercial vehicle having a pneumatic brake system (100) with a primary service brake system and a parking brake system (Figures 1-3 [discussed throughout the Specification]), which are supplied by at least one compressed air reservoir (included in the pneumatic braking system; Paragraphs 0028, 0031, 0032, etc. [See description of "service-brake" and "parking brake"), the primary service brake system having a primary electronic service brake control unit (configuration of 110) capable of controlling the primary service brake system and a plurality of service brake actuators (10) (Paragraph 0063), the parking brake system having an electronic parking brake control unit (configuration of 110) capable of controlling the parking brake system and a plurality of parking brake actuators on at least one vehicle axle (Paragraph 0063; also see parking brake valve 22 in Paragraph 0091), the pneumatic brake system having a plurality of wheel speed sensors, which provide wheel speed signals to the primary electronic service brake control unit and the electronic parking brake control unit (Paragraphs 0038, 0077), and the pneumatic brake system being configured to receive an emergency stopping signal ("correction signal" or "emergency signal" described in Paragraphs 0046, 0050, and 0060); the method comprising: receiving the emergency stopping signal at the primary electronic service brake control unit and at the electronic parking brake control unit and, in response to braking of the commercial vehicle by the primary service brake system not being possible, braking the commercial vehicle via the parking brake system, in order to provide safe deceleration via a backup configuration (Paragraphs 0030-0033 [Paragraphs 0020, 0042, 0046, 0050, etc., describe the "correction signal" corresponding to an emergency stopping signal to avoid accidents and/or bring the vehicle into a safe state, and Paragraph 0060 describes another emergency signal being provided directly by a user]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Azahaf, such that in response to braking of the commercial vehicle by the primary service brake system not being possible, braking the commercial vehicle via the parking brake system., as suggested and taught by Wulf, in order to in order to provide safe deceleration via a backup configuration.
Regarding claim 3, the modified method of Azahaf discloses the invention of claim 1 as discussed above, but does not teach that the pneumatic brake system has a secondary service brake system supplied by the compressed air reservoir or a further compressed air reservoir; the secondary service brake system has a secondary electronic service brake control unit for controlling the secondary service brake system; the emergency stopping signal is also received at the secondary electronic service brake control unit; and, in response to braking of the commercial vehicle by the primary service brake system not being possible, braking the commercial vehicle by the secondary service brake system.
Wulf teaches that the pneumatic brake system has a secondary service brake system (120, 20, 21) supplied by the compressed air reservoir or a further compressed air reservoir; the secondary service brake system has a secondary electronic service brake control unit (120) for controlling the secondary service brake system; the emergency stopping signal (See previously cited "correction signal" and/or "emergency signal") is also received at the secondary electronic service brake control unit; and, in response to braking of the commercial vehicle by the primary service brake system not being possible, braking the commercial vehicle by the secondary service brake system (Paragraphs 0063-0068), in order to provide a safe backup braking configuration (Paragraphs 0061).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Azahaf, such that the pneumatic brake system has a secondary service brake system supplied by the compressed air reservoir or a further compressed air reservoir; the secondary service brake system has a secondary electronic service brake control unit for controlling the secondary service brake system; the emergency stopping signal is also received at the secondary electronic service brake control unit; and, in response to braking of the commercial vehicle by the primary service brake system not being possible, braking the commercial vehicle by the secondary service brake system, as suggested and taught by Wulf, in order to provide a safe backup braking configuration.
Regarding claim 4, the modified method of Azahaf discloses the invention of claim 3 as discussed above, and Wulf teaches that in response to braking of the commercial vehicle by the secondary service brake system not being possible, braking the commercial vehicle by the parking brake system (Paragraph 0091 [for clarity, Wulf does not explicitly state or imply that the parking brake valve cannot operate if the first redundancy valve 21 fails to function]).
Regarding claim 5, the modified method of Azahaf discloses the invention of claim 2 as discussed above, and both Azahaf and Wulf teach that the commercial vehicle is braked by the parking brake system directly or in steps (inherent).
Regarding claim 6, the modified method of Azahaf discloses the invention of claim 2 as discussed above, and both Azahaf and Wulf teach that the commercial vehicle is braked by the parking brake system directly or in steps in a slip controlled, speed dependent or friction coefficient dependent manner (See speed dependent control detailed in both, in the previously cited sections; Wulf also discloses slip controlled manner in Paragraph 0089).
Regarding claim 15, the modified system of Azahaf discloses the invention of claim 13 as discussed above, but does not teach that the pneumatic brake system has a secondary service brake system supplied by the compressed air reservoir or a further compressed air reservoir; the secondary service brake system has a secondary electronic service brake control unit for controlling the secondary service brake system; the emergency stopping signal is also received at the secondary electronic service brake control unit; and, in an event that braking of the commercial vehicle by the primary service brake system is not possible, braking the commercial vehicle by the secondary service brake system.
Wulf teaches that the pneumatic brake system has a secondary service brake system (120, 20, 21) supplied by the compressed air reservoir or a further compressed air reservoir; the secondary service brake system has a secondary electronic service brake control unit (120) for controlling the secondary service brake system; the emergency stopping signal (See previously cited "correction signal" and/or "emergency signal") is also received at the secondary electronic service brake control unit; and, in an event that braking of the commercial vehicle by the primary service brake system is not possible, braking the commercial vehicle by the secondary service brake system (Paragraphs 0063-0068), in order to provide a safe backup braking configuration (Paragraphs 0061).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Azahaf, such that the pneumatic brake system has a secondary service brake system supplied by the compressed air reservoir or a further compressed air reservoir; the secondary service brake system has a secondary electronic service brake control unit for controlling the secondary service brake system; the emergency stopping signal is also received at the secondary electronic service brake control unit; and, in an event that braking of the commercial vehicle by the primary service brake system is not possible, braking the commercial vehicle by the secondary service brake system, as suggested and taught by Wulf, in order to provide a safe backup braking configuration.
Regarding claim 16, the modified system of Azahaf discloses the invention of claim 15 as discussed above, and Wulf teaches that said electronic parking brake control unit is configured to brake the commercial vehicle in an event that braking of the commercial vehicle via said secondary service brake system is not possible (Paragraph 0091 [for clarity, Wulf does not explicitly state or imply that the parking brake valve cannot operate if the first redundancy valve 21 fails to function]).
Allowable Subject Matter
Claim 12 is allowed.
Claim 26 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 3/11/2026 have been fully considered but they are not persuasive.
Applicant’s arguments that the amendments to claims 1 and 13 “makes explicit that both control units independently and directly receive wheel speed signals from the sensors” are not persuasive because the claims do not actually separate the control units into complete separate structural elements and the claims also do not recite any direct wiring or signal transmission from the wheel speed sensors to those (not recited) separate structural elements. Absent some disclosure in applicant’s own specification which suggests an embodiment where the control units are integrated into a single structural element, the examiner may be persuaded by the arguments. However, at least Paragraph 0048 of applicant’s Specification does suggest integration of the two control units into a single structural element (“It is also conceivable that the primary electronic service brake control unit 14 is integrated with the electronic parking brake control unit 18 in a structural unit, a printed circuit board, or the like.”), and the claims do not make it clear that this is or is not the embodiment of the claims. Therefore, in light of the specification the claimed control units may be interpreted as either integral or separate; and since Azahaf teaches wheel speed sensor signal sent to controller 2, which is cited in one alternative as providing the functionality of both control units in the claim, the limitations in question are disclosed by Azahaf.
In response to applicant’s arguments that “the EBS 5 of Azahaf of the electronic service braking system does not receive an emergency stop signal as defined in claim 1. In Azahaf, the emergency stop actuator 2/2a receives the emergency stop signal and then sends an External Brake Request (XBR) to the EBS 5. No emergency stop signal can be derived from this XBR signal”, the examiner respectfully submits that this argument explicitly states that element “2” (previously cited for the control units by examiner) receives the emergency stop signal.
In response to applicant’s arguments “Hagerskans operates with a single integrated emergency stop controller 180 that manages both service brake engagement and parking brake actuation. The two-ECU architecture with separate primary service brake ECU and electronic parking brake ECU of claim 1 is absent from Hagerskans”, the examiner respectfully submits that this is not persuasive for the same reasons stated above regarding the interpretation of the claimed invention of either comprising a single structure implementation or a dual structure implementation for the control units, on the basis of at least Paragraph 0048 of applicant’s Specification. Additionally, Hagerskans would not necessarily need to disclose a separation of the two control units into independent structures anyways. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
The same response can be applied to the arguments against Wulf.
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 inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN R STECKBAUER whose telephone number is (571)270-0433. The examiner can normally be reached Monday - Thursday 9:30-7:30 PST.
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/KEVIN R STECKBAUER/Primary Examiner, Art Unit 3747
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