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Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 20-22 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention..
Regarding claim 20 the limitation of “”… means for braking the lift axle by treating the lift axle as a towed vehicle…” is not understood from the specification and/or drawings. What exactly is a lift axle ‘treated as a towed vehicle’?
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 1-19,21,22 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 line 9 the limitation “the reservoir” lacks antecedent basis.
Line 11 “the braking controllers” lack antecedent basis.
Claim 3 it is unclear if the reservoir claimed here is the same or different than the one claimed in claim 1.
Claim 9 contains the same antecedent basis problems of claim 1.
Claim 10 contains the same problem as claim 3.
Claims 21,22 “the reservoir” lacks antecedent basis.
Claim Rejections - 35 USC § 102/103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a1) as anticipated by GB 2621839 A or, in the alternative, under 35 U.S.C. 103 as obvious over GB 2621839 A in view of either U.S. Publication to Van Thiel 2025/0083648 or to Eisenberger 12,600,331.
Regarding claim 20 subject to the 112 1st rejection above (and as best understood) GB ‘839 shows a trailer braking system in figure 1. Note the lift axle valve at 110. GB ‘839 states that this trailer braking system has levelling control and lift axle control.
Although there appears to be a controller labeled by ‘ECU’ and ‘TEBS G2.2’ capable of ‘treating’ the lift axle as a towed vehicle, this is not entirely clear. However note that a ‘pressure control module/ECU’ is discussed throughout the document.
Nevertheless both references to Van Thiel-- (see the lift axle discussed in para 0024), the trailer brake control system at 2 and the trailer control unit at 130—or to Eisenberger (see the discussion in col 19 lines 1-17, Figure 3B lift axle 120 and trailer control module 64 show these elements are known to be integrated into a trailer/towed vehicle brake system.
One having ordinary skill in the art before the effective filing date of the invention would have found it obvious/concluded that the square box element labeled by ‘ECU’ and ‘TEBS G2.2’ is most likely an electronic Trailer Control Unit/Module that is capable of ‘treating’ the lift axle as a towed vehicle, as broadly claimed and as best understood, as more clearly suggested by either U.S. Publication to Van Thiel 2025/0083648 or to Eisenberger 12,600,331.
Allowable Subject Matter
Claims 1-19 would be allowable if rewritten or amended 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.
Claims 21,22 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rob 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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/CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616
4/16/26
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