Prosecution Insights
Last updated: May 29, 2026
Application No. 18/401,701

BRAKE APPARATUS AND METHOD OF CONTROLLING THE SAME

Final Rejection §102§103§112
Filed
Jan 01, 2024
Priority
Jun 02, 2023 — RE 10-2023-0071390
Examiner
KIRBY, BRIAN R
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
HL Mando Corporation
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
295 granted / 413 resolved
+1.4% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
11 currently pending
Career history
435
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
89.4%
+49.4% vs TC avg
§102
1.3%
-38.7% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 413 resolved cases

Office Action

§102 §103 §112
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 3 and 4 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 3 recites: “configured to the current driving” in line 3. As a result claim scope is indefinite. For the purpose of examination over the prior art the limitation will be construed as “configured to control the current driving”. Claim 4 recites: “in respond to a state” and “in respond to the state” in lines 4 and 8, respectively. As a result claim scope is indefinite. For the purpose of examination over the prior art Claim 4 will be construed as “in response to a state” and “in response to the state” in lines 4 and 8, respectively. Appropriate correction is required. 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) 1-3, 10, 11-13, and 20 are rejected under 35 U.S.C. 102a1 as being anticipated by Krueger et al. (U.S. 2018/0056960A1). Krueger discloses “The invention disclosed herein relates to vehicle braking systems and, more particularly, to a vehicle including a brake-by-wire (BBW) system.” (¶0001) and “FIG. 2C is a is a schematic view of a fault tolerant BBW system based on a full EBS controller topology according to a non-limiting embodiment” (¶0013). Regarding Claim 1, Krueger discloses: A brake apparatus (Fig. 2C) comprising: a first motor (120a; ¶0027, ‘a motor that drives an electronic caliper (e-caliper’) operably coupled to a first brake (brake assembly 118a) configured to brake a first wheel (112) of a vehicle (vehicle 100); a first drive (202a) configured to control a current (¶0029, “deliver the switching high-frequency current signals (illustrated as dashed arrows) for driving a respective electro-mechanical actuator 120a-120d”) driving the first motor to brake the first wheel; a second motor (120b) operably coupled to a second brake (118b) configured to brake a second wheel (112) of the vehicle; a second drive (202b) configured to control a current (¶0029, “deliver the switching high-frequency current signals (illustrated as dashed arrows) for driving a respective electro-mechanical actuator 120a-120d”) driving the second motor to brake the second wheel; a first processor (200a) integrated with the first drive configured to control the current driving the first motor, the first processor configured to receive an output of a first pedal sensor (¶0020; “The pedal assembly 116 is in signal communication with the EBS controller 200, and includes a brake pedal 124, one or more pedal force sensors 126, and one or more pedal travel sensors 128. In at least one embodiment, the pedal force sensors and the pedal travel sensor are each connected to multiple controllers installed in the vehicle to provide output redundancy.”) configured to detect movement of a brake pedal of the vehicle; and a second processor (200b) integrated with the second drive configured to the current driving the second motor, the second processor configured to receive an output of a second pedal sensor (¶0020; “The pedal assembly 116 is in signal communication with the EBS controller 200, and includes a brake pedal 124, one or more pedal force sensors 126, and one or more pedal travel sensors 128. In at least one embodiment, the pedal force sensors and the pedal travel sensor are each connected to multiple controllers installed in the vehicle to provide output redundancy.”)configured to detect the movement of the brake pedal, wherein: the first processor (200a) is configured to transmit a first control signal to the first drive, configured to control the current driving the first motor(¶0041-0042; “Although the power circuits 202a-202d may operate independently with respect to one another, each EBS controller 200a and 200b is configured to output a data control signal to control any of the power circuits 202a-202d.”),, in response to the output of the first pedal sensor (¶0026; “the EBS controller 200 may store a pedal position LUT, which corresponds to the measurements or readings of the pedal travel sensor 128 and contains a commanded braking request appropriate for the detected position of pedal travel sensor 128.”) and the second processor (200b) is configured to transmit a second control signal to the second drive, configured to control the current driving the second motor(¶0041-0042; “Although the power circuits 202a-202d may operate independently with respect to one another, each EBS controller 200a and 200b is configured to output a data control signal to control any of the power circuits 202a-202d.”),, in response to the output of the second pedal sensor (¶0026; “the EBS controller 200 may store a pedal position LUT, which corresponds to the measurements or readings of the pedal travel sensor 128 and contains a commanded braking request appropriate for the detected position of pedal travel sensor 128.”) Regarding Claim 11, Krueger discloses A method (Fig. 4); ¶0045+) of controlling a brake apparatus (Fig. 2C) including a first motor (120a; ¶0027, ‘a motor that drives an electronic caliper (e-caliper’) operably coupled to a first brake (brake assembly 118a) configured to brake a first wheel (112) of a vehicle (vehicle 100)and a second motor (120b) operably coupled to a second brake (118b) configured to brake a second wheel (112) of the vehicle, the method comprising: receiving, by a first processor (200a), an output of a first pedal sensor (¶0020; “The pedal assembly 116 is in signal communication with the EBS controller 200, and includes a brake pedal 124, one or more pedal force sensors 126, and one or more pedal travel sensors 128. In at least one embodiment, the pedal force sensors and the pedal travel sensor are each connected to multiple controllers installed in the vehicle to provide output redundancy.”)configured to detect movement of a brake pedal of the vehicle; receiving, by a second processor (200b), an output of a second pedal sensor (¶0020; “The pedal assembly 116 is in signal communication with the EBS controller 200, and includes a brake pedal 124, one or more pedal force sensors 126, and one or more pedal travel sensors 128. In at least one embodiment, the pedal force sensors and the pedal travel sensor are each connected to multiple controllers installed in the vehicle to provide output redundancy.”) configured to detect the movement of the brake pedal; transmitting, by the first processor, a first control signal (¶0041-0042; “Although the power circuits 202a-202d may operate independently with respect to one another, each EBS controller 200a and 200b is configured to output a data control signal to control any of the power circuits 202a-202d.”)to a first drive (202a), integrated with the first processor, based on the output of the first pedal sensor (¶0026; “the EBS controller 200 may store a pedal position LUT, which corresponds to the measurements or readings of the pedal travel sensor 128 and contains a commanded braking request appropriate for the detected position of pedal travel sensor 128.”)of the vehicle; transmitting, by the second processor, a second control signal(¶0041-0042; “Although the power circuits 202a-202d may operate independently with respect to one another, each EBS controller 200a and 200b is configured to output a data control signal to control any of the power circuits 202a-202d.”) to a second drive (202b), integrated with the second processor, based on the output of the second pedal sensor sensor (¶0026; “the EBS controller 200 may store a pedal position LUT, which corresponds to the measurements or readings of the pedal travel sensor 128 and contains a commanded braking request appropriate for the detected position of pedal travel sensor 128.”)of the vehicle; controlling, by the first drive integrated with the first processor, a current (¶0029, “deliver the switching high-frequency current signals (illustrated as dashed arrows) for driving a respective electro-mechanical actuator 120a-120d”)driving the first motor to brake the first wheel; and controlling, by the second drive integrated with the second processor, a current (¶0029, “deliver the switching high-frequency current signals (illustrated as dashed arrows) for driving a respective electro-mechanical actuator 120a-120d”)driving the second motor to brake the second wheel. Regarding Claims 2 and 12, Krueger further discloses: wherein: the first processor is configured to transmit a first signal associated with an operation state of the first processor to the second processor, the first drive, and the second drive; and the second processor is configured to transmit a second signal associated with an operation state of the second processor to the first processor, the first drive, and the second drive and transmitting, by the first processor, a first signal associated with an operation state of the first processor to the second processor, the first drive, and the second drive; and transmitting, by the second processor, a second signal associated with an operation state of the second processor to the first processor, the first drive, and the second drive (¶0047; Fig. 4; “Referring back to operation 406, a scenario may occur where the braking event data monitored and generated by the first EBS controller does not match or substantially match the braking event data monitored and generated by the second EBS controller. In this case, the method proceeds to operation 416 where one of the first EBS controller and the second EBS controller outputs a data command signal to both the first power circuit and the second power circuit. “; also ¶0041 “n this manner, if the first EBS controller 200a is unable to properly control the first power circuit 202a, the second EBS controller 200b may provide the braking event data signal necessary to command the first power circuit 202a to output the high-frequency switched high-current signal for driving the first actuator 118a. Accordingly, the full controller BBW topology may provide additional fault tolerance functionality.”. In other words, for example responsive to a detected fault in processor 200a, drive 202a, or the communication lines; the system is configured to control the brake assembly 118a using processor 200b through the communication network; and/or vice versa.) Regarding Claims 3 and 13, Krueger further discloses wherein: the first processor is configured to transmit a third control signal to the second drive, configured to the current driving the second motor, through a first network connecting the second drive and the first processor in response to a state that the second processor is in a failure state; and the second processor is configured to transmit a fourth control signal to the first drive, configured to control the current driving the first motor, through a second network connecting the first drive and the second processor in response to a state that the first processor is in the failure state and transmitting, by the first processor, a third control signal to the second drive, configured to the current driving the second motor, through a first network connecting the second drive and the first processor in response to a state that the second processor is in a failure state; and transmitting, by the second processor, a fourth control signal to the first drive, configured to control the current driving the first motor, through a second network connecting the first drive and the second processor in response to a state that the first processor is in the failure state (¶0047; Fig. 4; “Referring back to operation 406, a scenario may occur where the braking event data monitored and generated by the first EBS controller does not match or substantially match the braking event data monitored and generated by the second EBS controller. In this case, the method proceeds to operation 416 where one of the first EBS controller and the second EBS controller outputs a data command signal to both the first power circuit and the second power circuit. “; also ¶0041 “in this manner, if the first EBS controller 200a is unable to properly control the first power circuit 202a, the second EBS controller 200b may provide the braking event data signal necessary to command the first power circuit 202a to output the high-frequency switched high-current signal for driving the first actuator 118a. Accordingly, the full controller BBW topology may provide additional fault tolerance functionality.”. In other words, for example responsive to a detected fault in processor 200a, drive 202a, or the communication lines; the system is configured to control the brake assembly 118a using processor 200b through the communication network; and/or vice versa.) Regarding Claims 10 and 20, Krueger further discloses: wherein: the first processor and the first drive configured to control the current driving the first motor are connected with a first power source (Fig. 2c, ¶0037-0039; power source 204a) of the vehicle; and the second processor and the second drive configured to control the current driving the second motor are connected with a second power source (Fig. 2c, ¶0037-0039; power source 204b) of the vehicle and supplying power of a first power source (Fig. 2c, ¶0037-0039; power source 204a) of the vehicle to the first processor and the first drive configured to control the current driving the first motor; and supplying power of a second power source (Fig. 2c, ¶0037-0039; power source 204b) of the vehicle to the second processor and the second drive configured to control the current driving the second motor 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) 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Krueger et al. (U.S. 2018/0056960A1) in view of Strengert et al. (U.S. 2010/0198473A1). Strengert discloses “If a wheel actuator device 30a or 30b detects that its associated brake control device 28a or 28b has failed, it no longer performs the braking operation on its wheel as a function of the control signal of its own brake control device 28a or 28b. Instead, wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it. On the basis of these sensor signals 18a, 18b, 24a, 24b, 26a and 26b, wheel actuator device 30a or 30b ascertains what braking torque it should exert on its associated wheel” (¶0052; Fig. 3) and “If a situation occurs in brake system 80 such that both brake control devices 28a and 28b fail, then in this case it is also still possible to perform a braking operation controlled by sensor signals 18a, 18b, 24a, 24b, 26a and 26b. This may be ensured because, after a failure of the two brake control devices 28a and 28b, the respective sensor signals 18a, 18b, 24a, 24b, 26a and 26b are transmitted to wheel actuator devices 30a and 30b. “ (¶0062). Regarding Claims 4 and 14, Krueger teaches all the elements of Claims 1 and 11 as indicated above. Krueger does not explicitly teach: wherein: the first drive is configured to receive the output of the first pedal sensor and control the current driving the first motor to brake the first wheel based on the output of the first pedal sensor in response to a state that the first and second processors are in a failure state; and the second drive is configured to receive the output of the second pedal sensor and control the current driving the second motor to brake the second wheel based on the output of the second pedal sensor in response to the state that the first and second processors are in the failure state or receiving, by the first drive integrated with the first processor, the output of the first pedal sensor; controlling, by the first drive, the current driving the first motor to brake the first wheel based on the output of the first pedal sensor in response to a state that the first and second processors are in a failure state; receiving, by the second drive integrated with the second processor, the output of the second pedal sensor; controlling, by the second drive, the current driving the second motor to brake the second wheel based on the output of the second pedal sensor in response to the state that the first and second processors are in the failure state Strengert teaches: wherein: the first drive is configured to receive the output of the first pedal sensor (“wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it”) and control the current driving the first motor to brake the first wheel based on the output of the first pedal sensor in response to a state that the first and second processors are in a failure state (¶0052; Fig. 3; ¶0062; “If a situation occurs in brake system 80 such that both brake control devices 28a and 28b fail”); and the second drive is configured to receive the output of the second pedal sensor (“wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it”) and control the current driving the second motor to brake the second wheel based on the output of the second pedal sensor in response to the state that the first and second processors are in the failure state (¶0052; Fig. 3; ¶0062) in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) and receiving, by the first drive integrated with the first processor, the output of the first pedal sensor (“wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it”); controlling, by the first drive, the current driving the first motor to brake the first wheel based on the output of the first pedal sensor in response to a state that the first and second processors are in a failure state (¶0052; Fig. 3; ¶0062); receiving, by the second drive integrated with the second processor, the output of the second pedal sensor (“wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it”); controlling, by the second drive, the current driving the second motor to brake the second wheel based on the output of the second pedal sensor in response to the state that the first and second processors are in the failure state (¶0052; Fig. 3; ¶0062) in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the braking control system of Krueger to incorporate the teachings of Strengert to include wherein: the first drive is configured to receive the output of the first pedal sensor and control the current driving the first motor to brake the first wheel based on the output of the first pedal sensor in response to a state that the first and second processors are in a failure state; and the second drive is configured to receive the output of the second pedal sensor and control the current driving the second motor to brake the second wheel based on the output of the second pedal sensor in response to the state that the first and second processors are in the failure state and receiving, by the first drive integrated with the first processor, the output of the first pedal sensor; controlling, by the first drive, the current driving the first motor to brake the first wheel based on the output of the first pedal sensor in response to a state that the first and second processors are in a failure state; receiving, by the second drive integrated with the second processor, the output of the second pedal sensor; controlling, by the second drive, the current driving the second motor to brake the second wheel based on the output of the second pedal sensor in response to the state that the first and second processors are in the failure state in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) Claim(s) 5-7 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Krueger et al. (U.S. 2018/0056960A1) in view of Hwang (U.S. 2021/0370895A1). Hwang discloses “The first wheel speed sensor 10 and the second wheel speed sensor 20 are disposed on each of the vehicle wheels and used to calculate the wheel speed of each wheel. The first wheel speed sensor 10 transmits a wheel speed-related signal to the main controller 50. The second wheel speed sensor transmits a wheel speed detection signal to the auxiliary controller 60.” (Fig. 1-2; ¶0017) and “When the main controller 50 loses the driving function or the braking function of the vehicle, the auxiliary controller 60 may take the place of those functions. The main controller 50 and the auxiliary controller 60 may be physically disposed adjacent to each other or may be separated and disposed at separate locations inside the vehicle. The braking unit 70 is arranged to receive a braking signal from the main controller 50 or the auxiliary controller 60 and distribute the braking force to the respective vehicle wheels.” (¶0030-0031) Regarding Claims 5 and 15, Krueger further discloses the first processor (Fig. 2c, 200a) is communicationally connected with a first wheel speed sensor (¶0022, 122a) configured to measure a rotational speed of the first wheel; and the second processor (Fig. 2c, 200b) is communicationally connected with a fourth wheel speed sensor(Fig. 2c, 122b, ¶0022) configured to measure the rotational speed of the second wheel And receiving, by the first processor (Fig. 2c, 200a), an output of the first wheel speed sensor (¶0022, 122a) configured to measure a rotational speed of the first wheel and an output of the second wheel speed sensor (Fig. 2c, 122b, ¶0022) configured to measure a rotational speed of the second wheel; and receiving, by the second processor (Fig. 2c, 200b), an output of the third wheel speed sensor configured to measure the rotational speed of the first wheel and an output of the fourth wheel speed sensor (Fig. 2c, 122b, ¶0022) configured to measure the rotational speed of the second wheel Krueger does not explicitly teach the first processor is communicationally connected with a first wheel speed sensor configured to measure a rotational speed of the first wheel and a second wheel speed sensor configured to measure a rotational speed of the second wheel; and the second processor is communicationally connected with a third wheel speed sensor configured to measure the rotational speed of the first wheel and a fourth wheel speed sensor configured to measure the rotational speed of the second wheel or receiving, by the first processor, an output of the first wheel speed sensor configured to measure a rotational speed of the first wheel and an output of the second wheel speed sensor configured to measure a rotational speed of the second wheel; and receiving, by the second processor, an output of the third wheel speed sensor configured to measure the rotational speed of the first wheel and an output of the fourth wheel speed sensor configured to measure the rotational speed of the second wheel. Hwang teaches: the first processor (Fig. 2, 50) is communicationally connected with a first wheel speed sensor (10a) configured to measure a rotational speed of the first wheel and a second wheel speed sensor(10b) configured to measure a rotational speed of the second wheel; and the second processor (60) is communicationally connected with a third wheel speed sensor(20a) configured to measure the rotational speed of the first wheel and a fourth wheel speed sensor (20b) configured to measure the rotational speed of the second wheel in order to ensure stability of the vehicle based on ability to calculate wheel speed from a secondary wheel speed sensor in response to determining presence or abnormality of a primary wheel speed sensor on each wheel. (¶0038) And receiving, by the first processor(Fig. 2, 50), an output of the first wheel speed sensor (10a) configured to measure a rotational speed of the first wheel and an output of the second wheel speed sensor(10b) configured to measure a rotational speed of the second wheel; and receiving, by the second processor(60), an output of the third wheel speed sensor (20a) configured to measure the rotational speed of the first wheel and an output of the fourth wheel speed sensor (20b) configured to measure the rotational speed of the second wheel in order to ensure stability of the vehicle based on ability to calculate wheel speed from a secondary wheel speed sensor in response to determining presence or abnormality of a primary wheel speed sensor on each wheel. (¶0038) It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the brake control system of Krueger to incorporate the teachings of Hwang to include the first processor is communicationally connected with a first wheel speed sensor configured to measure a rotational speed of the first wheel and a second wheel speed sensor configured to measure a rotational speed of the second wheel; and the second processor is communicationally connected with a third wheel speed sensor configured to measure the rotational speed of the first wheel and a fourth wheel speed sensor configured to measure the rotational speed of the second wheel and receiving, by the first processor, an output of the first wheel speed sensor configured to measure a rotational speed of the first wheel and an output of the second wheel speed sensor configured to measure a rotational speed of the second wheel; and receiving, by the second processor, an output of the third wheel speed sensor configured to measure the rotational speed of the first wheel and an output of the fourth wheel speed sensor configured to measure the rotational speed of the second wheel in order to ensure stability of the vehicle based on ability to calculate wheel speed from a secondary wheel speed sensor in response to determining presence or abnormality of a primary wheel speed sensor on each wheel. (¶0038). Regarding Claims 6 and 16, the combination of Krueger and Hwang teaches all the elements of Claims 5 and 15 as indicated above. Krueger further discloses “The EBS controller 200 is also configured to calculate, select, and/or otherwise determine a corresponding braking request or braking event in response to the detected and recorded measurements or readings output from the wheel sensors 122a and 122b. Based on the determined braking request or braking event, the EBS controller 200 outputs a low voltage data command signal that invokes a braking action to slow down the vehicle 100 as discussed in greater detail herein.” (¶0021; in other words, the controllers are configured to selectively (i.e. intermittently) apply a braking action to respective wheels based on the readings or outputs from the respective wheel speed sensors.) Therefore Krueger further discloses: wherein: the first processor (Fig. 2c, 200a) is configured to transmit a fifth control signal (Fig. 2c, ‘low voltage data command signal that invokes braking action; ¶0021-0022)to the first drive(202a), configured to control the current driving the first motor, to intermittently brake the first wheel based on an output of the first wheel speed sensor configured to measure the rotational speed of the first wheel (¶0021-0022); and the second processor (200b)is configured to transmit a sixth control signal(Fig. 2c, ‘low voltage data command signal that invokes braking action; ¶0021-0022) to the second drive (202b), configured to control the current driving the second motor, to intermittently brake the second wheel based on an output of the second wheel speed sensor (Fig. 2c, 122b; ¶0021-0022) configured to measure the rotational speed of the second wheel and further comprising: transmitting, by the first processor (Fig. 2c, 200a), a fifth control signal (Fig. 2c, ‘low voltage data command signal that invokes braking action; ¶0021-0022) to the first drive (202a), configured to control the current driving the first motor, to intermittently brake the first wheel based on the output of the first wheel speed sensor (Fig. 2c, 122a; ¶0021-0022) configured to measure the rotational speed of the first wheel; and transmitting, by the second processor (200b), a sixth control signal (Fig. 2c, ‘low voltage data command signal that invokes braking action; ¶0021-0022)to the second drive (202b), configured to control the current driving the second motor, to intermittently brake the second wheel based on the output of the second wheel speed sensor(Fig. 2c, 122b; ¶0021-0022) configured to measure the rotational speed of the second wheel Regarding Claims 7 and 17, the combination of Krueger and Hwang teaches all the elements of Claims 6 and 16 as indicated above. Krueger further discloses wherein: the first processor is configured to transmit a seventh control signal to the first and second drives, configured to control the currents driving the first and second motors respectively, to intermittently brake the first and second wheels based on the output of the first wheel speed sensor configured to measure the rotational speed of the first wheel and an output of the second wheel speed sensor configured to measure the rotational speed of the second wheel when the second processor is in a failure state, the second processor is configured to transmit an eighth control signal to the first and second drives, configured to control the currents driving the first and second motors respectively, to intermittently brake the first and second wheels based on the output of the third wheel speed sensor configured to measure the rotational speed of the first wheel and an output of the fourth wheel speed sensor configured to measure the rotational speed of the second wheel when the first processor is in the failure state (¶0047; Fig. 4; “Referring back to operation 406, a scenario may occur where the braking event data monitored and generated by the first EBS controller does not match or substantially match the braking event data monitored and generated by the second EBS controller. In this case, the method proceeds to operation 416 where one of the first EBS controller and the second EBS controller outputs a data command signal to both the first power circuit and the second power circuit. “; also ¶0041 “in this manner, if the first EBS controller 200a is unable to properly control the first power circuit 202a, the second EBS controller 200b may provide the braking event data signal necessary to command the first power circuit 202a to output the high-frequency switched high-current signal for driving the first actuator 118a in addition to continuing to provide braking event data singal to command the second power circuit 202b to output the high-frequency switched high-current signal for driving the first actuator 118b. Accordingly, the full controller BBW topology may provide additional fault tolerance functionality.”. In other words, for example responsive to a detected fault in processor 200a, drive 202a, or the communication lines; the system is configured to control the brake assemblies using processor 200b through the communication network; and/or vice versa.) And transmitting, by the first processor, a seventh control signal to the first and second drives, configured to control the current driving the first and second motors respectively, to intermittently brake the first and second wheels based on the outputs of the first and second wheel speed sensors, configured to measure the rotational speeds of the first and second wheels respectively, in response to a state that the second processor is in a failure state; and transmitting, by the second processor, an eighth control signal to the first and second drives, configured to control the current driving the first and second motors respectively, to intermittently brake the first and second wheels based on the outputs of the third and fourth wheel speed sensors, configured to measure the rotational speeds of the first and second wheels respectively, in response to a state that the first processor is in the failure state (¶0047; Fig. 4; “Referring back to operation 406, a scenario may occur where the braking event data monitored and generated by the first EBS controller does not match or substantially match the braking event data monitored and generated by the second EBS controller. In this case, the method proceeds to operation 416 where one of the first EBS controller and the second EBS controller outputs a data command signal to both the first power circuit and the second power circuit. “; also ¶0041 “in this manner, if the first EBS controller 200a is unable to properly control the first power circuit 202a, the second EBS controller 200b may provide the braking event data signal necessary to command the first power circuit 202a to output the high-frequency switched high-current signal for driving the first actuator 118a in addition to continuing to provide braking event data singal to command the second power circuit 202b to output the high-frequency switched high-current signal for driving the first actuator 118b. Accordingly, the full controller BBW topology may provide additional fault tolerance functionality.”. In other words, for example responsive to a detected fault in processor 200a, drive 202a, or the communication lines; the system is configured to control the brake assemblies using processor 200b through the communication network; and/or vice versa.) Claim(s) 8-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Krueger et al. (U.S. 2018/0056960A1) in view of Hwang (U.S. 2021/0370895A1) in view of Strengert et al. (U.S. 2010/0198473A1). Strengert discloses “If a wheel actuator device 30a or 30b detects that its associated brake control device 28a or 28b has failed, it no longer performs the braking operation on its wheel as a function of the control signal of its own brake control device 28a or 28b. Instead, wheel actuator device 30a or 30b begins with the evaluation of the sensor signals 18a, 18b, 24a, 24b, 26a and 26b transmitted directly to it. On the basis of these sensor signals 18a, 18b, 24a, 24b, 26a and 26b, wheel actuator device 30a or 30b ascertains what braking torque it should exert on its associated wheel” (¶0052; Fig. 3) and “If a situation occurs in brake system 80 such that both brake control devices 28a and 28b fail, then in this case it is also still possible to perform a braking operation controlled by sensor signals 18a, 18b, 24a, 24b, 26a and 26b. This may be ensured because, after a failure of the two brake control devices 28a and 28b, the respective sensor signals 18a, 18b, 24a, 24b, 26a and 26b are transmitted to wheel actuator devices 30a and 30b. “ (¶0062). Regarding Claims 8 and 18, the combination of Krueger and Hwang teaches all the elements of Claims 5 and 15 as indicated above. Krueger does not explicitly disclose wherein: the first drive configured to control the current driving the first motor is communicationally connected with the first wheel speed sensor configured to measure the rotational speed of the first wheel and the second wheel speed sensor configured to measure the rotational speed of the second wheel; and the second drive configured to control the current driving the second motor is communicationally connected with the third wheel speed sensor configured to measure the rotational speed of the first wheel and the fourth wheel speed sensor configured to measure the rotational speed of the second wheel or receiving, by the first drive configured to control the current driving the first motor, the output of the first wheel speed sensor configured to measure the rotational speed of the first wheel and the output of the second wheel speed sensor configured to measure the rotational speed of the second wheel; and receiving, by the second drive configured to control the current driving the second motor, the output of the third wheel speed sensor configured to measure the rotational speed of the first wheel and the output of the fourth wheel speed sensor configured to measure the rotational speed of the second wheel Strengert teaches: wherein: the first drive configured to control the current driving the first motor is communicationally connected with the first wheel speed sensor configured to measure the rotational speed of the first wheel and the second wheel speed sensor configured to measure the rotational speed of the second wheel; and the second drive configured to control the current driving the second motor is communicationally connected with the third wheel speed sensor configured to measure the rotational speed of the first wheel and the fourth wheel speed sensor configured to measure the rotational speed of the second wheel (Fig. 3, ¶0062, system configured such that drive units 30a/b directly receive “respective sensor signals 18a, 18b, 24a, 24b, 26a and 26b are transmitted to wheel actuator devices 30a and 30b” and execute braking control in response to determination that both control devices 28a and 28b have failed) in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) and receiving, by the first drive configured to control the current driving the first motor, the output of the first wheel speed sensor configured to measure the rotational speed of the first wheel and the output of the second wheel speed sensor configured to measure the rotational speed of the second wheel; and receiving, by the second drive configured to control the current driving the second motor, the output of the third wheel speed sensor configured to measure the rotational speed of the first wheel and the output of the fourth wheel speed sensor configured to measure the rotational speed of the second wheel (Fig. 3, ¶0062, system configured such that drive units 30a/b directly receive “respective sensor signals 18a, 18b, 24a, 24b, 26a and 26b are transmitted to wheel actuator devices 30a and 30b” and execute braking control in response to determination that both control devices 28a and 28b have failed) in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the braking control system of Krueger to incorporate the teachings of Strengert to include wherein: the first drive configured to control the current driving the first motor is communicationally connected with the first wheel speed sensor configured to measure the rotational speed of the first wheel and the second wheel speed sensor configured to measure the rotational speed of the second wheel; and the second drive configured to control the current driving the second motor is communicationally connected with the third wheel speed sensor configured to measure the rotational speed of the first wheel and the fourth wheel speed sensor configured to measure the rotational speed of the second wheel and receiving, by the first drive configured to control the current driving the first motor, the output of the first wheel speed sensor configured to measure the rotational speed of the first wheel and the output of the second wheel speed sensor configured to measure the rotational speed of the second wheel; and receiving, by the second drive configured to control the current driving the second motor, the output of the third wheel speed sensor configured to measure the rotational speed of the first wheel and the output of the fourth wheel speed sensor configured to measure the rotational speed of the second wheel in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) Regarding Claims 9 and 19, the combination of Krueger and Hwang teaches all the elements of Claims 8 and 18 as indicated above. Krueger does not explicitly disclose wherein: the first drive is configured to control the current driving the first motor to intermittently brake the first wheel based on an output of the first wheel speed sensor configured to measure the rotational speed of the first wheel in response to a state that the first and second processors are in a failure state; and the second drive is configured to control the current driving the second motor to intermittently brake the second wheel based on an output of the second wheel speed sensor configured to measure the rotational speed of the second wheel in response to the state that the first and second processors are in the failure state or controlling, by the first drive, the current driving the first motor to intermittently brake the first wheel based on the output of the first wheel speed sensor in response to a state that the first and second processors are in a failure state; and controlling, by the second drive, the current driving the second motor to intermittently brake the second wheel based on the output of the second wheel speed sensor configured to measure the rotational speed of the second wheel in a response to the state that the first and second processors are in the failure state Strengert teaches: wherein: the first drive is configured to control the current driving the first motor to intermittently brake the first wheel based on an output of the first wheel speed sensor configured to measure the rotational speed of the first wheel in response to a state that the first and second processors are in a failure state; and the second drive is configured to control the current driving the second motor to intermittently brake the second wheel based on an output of the second wheel speed sensor configured to measure the rotational speed of the second wheel in response to the state that the first and second processors are in the failure state (Fig. 3, ¶0062, system configured such that drive units 30a/b directly receive “respective sensor signals 18a, 18b, 24a, 24b, 26a and 26b are transmitted to wheel actuator devices 30a and 30b” and execute braking control in response to determination that both control devices 28a and 28b have failed) in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) and controlling, by the first drive, the current driving the first motor to intermittently brake the first wheel based on the output of the first wheel speed sensor in response to a state that the first and second processors are in a failure state; and controlling, by the second drive, the current driving the second motor to intermittently brake the second wheel based on the output of the second wheel speed sensor configured to measure the rotational speed of the second wheel in a response to the state that the first and second processors are in the failure state (Fig. 3, ¶0062, system configured such that drive units 30a/b directly receive “respective sensor signals 18a, 18b, 24a, 24b, 26a and 26b are transmitted to wheel actuator devices 30a and 30b” and execute braking control in response to determination that both control devices 28a and 28b have failed) in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the braking control system of Krueger to incorporate the teachings of Strengert to include wherein: the first drive is configured to control the current driving the first motor to intermittently brake the first wheel based on an output of the first wheel speed sensor configured to measure the rotational speed of the first wheel in response to a state that the first and second processors are in a failure state; and the second drive is configured to control the current driving the second motor to intermittently brake the second wheel based on an output of the second wheel speed sensor configured to measure the rotational speed of the second wheel in response to the state that the first and second processors are in the failure state and controlling, by the first drive, the current driving the first motor to intermittently brake the first wheel based on the output of the first wheel speed sensor in response to a state that the first and second processors are in a failure state; and controlling, by the second drive, the current driving the second motor to intermittently brake the second wheel based on the output of the second wheel speed sensor configured to measure the rotational speed of the second wheel in a response to the state that the first and second processors are in the failure state in order to “ensure that, following a failure of several components of its brake system, a vehicle is braked either automatically or a braking operation of the vehicle initiated by the driver is performed.” (¶0020) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Linhoff et al. (U.S. 2016/0325719A1) discloses “In both embodiments, the wheel speed information of all the wheels is available to each of the brake control devices independently of each other for brake pressure control.” (¶0028). Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R KIRBY whose telephone number is (571)270-3665. The examiner can normally be reached Telework: M-F, 9a-5p. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pat Wongwian can be reached at 571-270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRIAN R KIRBY/Examiner, Art Unit 3747 /PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3747
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Prosecution Timeline

Jan 01, 2024
Application Filed
Oct 17, 2025
Non-Final Rejection mailed — §102, §103, §112
Jan 23, 2026
Response Filed
May 26, 2026
Final Rejection mailed — §102, §103, §112 (current)

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