DETAILED ACTION
The following is a response to the amendment filed 5/11/2026 which has been entered.
Response to Amendment
Claims 1-22 are pending in the application.
-The 112(b) rejection has been partially withdrawn due to applicant amending claims 1 (to overcome rejection of claim 22) and 21 accordingly.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
-As to applicant’s argument that “the first limitation of Claim 1 requires that the safety control connection receive the safety control pressure. In contrast, in DE’747 (FIG. 1), the pneumatic path 14.2 to 12.1 does not receive the control pressure p1. Rather, in DE’747, the pneumatic path 14.2 to 12.1 receives either the vent 5 (via 14.3) or the supply connection 2 (via 14.1).”, has been acknowledged. However, DE ‘747, page 2, last paragraph, lines 4-11 discloses that the valve 12.1 (considered first bistable valve) does receive the supply pressure (considered P1) when the pressure is exceeded (considered safety control pressure), per DE ‘747: “when a first control pressure provided at the holding valve control connection is exceeded, (holding valve is) switched into a second switching position in which the first bistable valve is connected to the first supply pressure connection to receive supply pressure (which would go through 14.2 to 12.1). The holding valve therefore means that the bistable valve can only be supplied with supply pressure and consequently can only pass on supply pressure to the spring brake cylinder when the holding valve is in the second switching position.” Therefore, DE ‘747 does meet that limitation as recited.
-As to applicant’s argument that “the second limitation of Claim 1 requires that the safety control pressure be modulated by or derived from the electromagnetic solenoid valve. In contrast, in DE’747 (FIG. 1), the control pressure p1 is neither modulated by nor derived from the bistable valve 12. Rather, the control pressure p1 is modulated by and derived from the control valve 20.”, has been acknowledged. However, based on DE ‘747 describing that the (considered safety) supply pressure is received by the first valve, it would be obvious that the pressure is modulated via switching positions between 12.1 to 12.3 (modulated via shifting of pressure between different connections) to supply pressure to brake cylinder(s).
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 6 and 7 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.
-A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 6 recites the broad recitation “200 kPa to 400 kPa”, and the claim also recites “preferably 250 kPa to 350 kPa” which is the narrower statement of the range/limitation. Claim 7 recites the broad recitation “500 kPa to 900 kPa”, and the claim also recites “preferably 600 kPa to 800 kPa” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Examiner suggest applicant remove the narrow range limitations and add additional claims covering the narrow range to overcome rejection.
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.
Note: the use of the term "or" indicates that the limitations preceding or following the term doesn't need to be met entirely and the recitations are in the form of "alternative" embodiments. Further, the use of the phrase "at least one of" indicates the limitations following the phrase doesn't need to be met entirely and the recitations are in the form of "alternative" embodiments.
Claim(s) 1, 2, 8, 9, 15-17, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102019125747 (with machine translation). As to claim 1, DE discloses an electropneumatic valve arrangement for actuating a parking brake function of an electropneumatic brake system, the electropneumatic valve arrangement comprising: a pilot control unit (30) including an electromagnetic solenoid valve (12) having at least one first permanent magnet (page 6, lines 29-30 of machine translation), wherein said pilot control unit is configured to modulate a pilot pressure (via switching positions between 12.1 to 12.3) in dependence upon an electronic parking brake signal (SB); a main valve unit (40) configured to receive the pilot pressure and modulate a parking brake pressure (via switching positions between 42.1 to 42.4) at least at one spring accumulator connection (6) in dependence upon the pilot pressure; said electromagnetic solenoid valve having a safety control connection (via 14.2 to 12.1 connection) for receiving a safety control pressure (P1; pressure exceeding threshold value as described in abstract, lines 10-12 and page 2, last paragraph, lines 4-11); and, said electromagnetic solenoid valve being configured to supply said pilot control unit with a supply pressure (via 12.2) or connect said pilot control unit to an air-purging in dependence on the safety control pressure, wherein the safety control pressure is a pressure modulated by said electromagnetic solenoid valve (via switching positions between 12.1 to 12.3) or a pressure derived from said electromagnetic solenoid valve.
As to claim 2, wherein: said electromagnetic solenoid valve has a first solenoid valve connection (12.1) configured to receive the supply pressure, a second solenoid valve connection (12.2) configured to modulate (via switching between 12.1 and 12.3) the pilot pressure, and a third solenoid valve connection (12.3) connected to the air- purging (5); wherein, in an air-supplying position of said electromagnetic solenoid valve, said first solenoid valve connection is connected to said second solenoid valve connection and, in an air-purging position of said electromagnetic solenoid valve, the third solenoid valve connection is connected to the second solenoid valve connection (page 6, lines 31-38); said electromagnetic solenoid valve has at least one permanent magnet (page 6, lines 29-30 describes end magnets operating an armature wherein it is well known in the art to have magnets in the form of permanent magnets energized via coil) and a coil; wherein, by energizing said coil, said electromagnetic solenoid valve is configured to be switchable into the air-supplying position or the air-purging position, wherein said electromagnetic solenoid valve is configured to be holdable magnetically in the respective switching position via said at least one permanent magnet (page 6, lines 29-30); and, wherein, in the event that the safety control pressure is below a first
threshold value (when P1 doesn't exceed threshold value), said electromagnetic solenoid valve is switched into the air-purging position independently of a previous switching position (page 6, lines 44-51).
As to claim 8, wherein said electromagnetic solenoid valve has a preferred position (12.1 to 12.2 or 12.2 to 12.3).
As to claim 9, wherein in said preferred position said pilot control unit is connected to the air-purging (12.2 to 12.3; page 6, lines 33-38).
As to claim 15, a method for controlling a parking brake function of a commercial vehicle having an electropneumatic brake system, the method comprising: electromagnetically switching an electromagnetic solenoid valve (12) having at least one first permanent magnet from an air-purging position into an air-supplying position for modulating a parking brake pressure (page 6, lines 32-38) at least at one spring accumulator connection (6) for supplying air to at least one spring-loaded brake cylinder; at least one of confining a pilot pressure modulated by the electromagnetic solenoid valve and holding the electromagnetic solenoid valve in the air-purging position (page 6, lines 33-38 and 44-51); and, when a supply pressure provided to the electromagnetic solenoid valve drops below a first threshold value: pneumatically (via 14) or mechanically switching the solenoid valve into the air-purging position (when P1 doesn't exceed first threshold; abstract, lines 10-12).
As to claim 16, wherein the electromagnetic solenoid valve has a preferred position (12.1 to 12.2), which can be canceled by modulating a safety control pressure at a safety control connection (via 14.2 to 12.1 connection) of the electromagnetic solenoid valve (page 6, lines 44-51).
As to claim 17, further comprising: modulating a safety control pressure at a safety control connection of the electromagnetic solenoid valve for holding the electromagnetic solenoid valve in the air-purging position (page 6, lines 44-51) or for switching the electromagnetic solenoid valve into the air-purging position, wherein the safety control pressure is a pressure modulated by the electromagnetic solenoid valve (via switching positions between 12.1 to 12.3) or derived from it.
As to claim 21, DE discloses an electropneumatic valve arrangement for actuating a parking brake function of an electropneumatic brake system, the method comprising: electromagnetically switching an electromagnetic solenoid valve (12) having at least one first permanent magnet from an air-purging position into an air- supplying position for modulating a parking brake pressure (page 6, lines 32-38) at least at one spring accumulator connection (6) for supplying air to at least one spring-loaded brake cylinder; operating a pilot control unit (30) including the electromagnetic solenoid valve, wherein the pilot control unit modulates a pilot pressure (via switching positions between 12.1 to 12.3) in dependence upon an electronic parking brake signal (SB); operating a main valve unit (40) configured to receive the pilot pressure and to modulate the parking brake pressure (via switching positions between 42.1 to 42.4) at least at one spring accumulator connection in dependence upon the pilot pressure; receiving, at a safety control connection (via 14.2 to 12.1 connection) of the electromagnetic solenoid valve, a safety control pressure (P1 exceeding threshold), wherein the electromagnetic solenoid valve supplies the pilot control unit with a supply pressure (via 12.2) or connects the pilot control unit to an air-purging in dependence on the safety control pressure, and wherein the safety control pressure is a pressure modulated by the electromagnetic solenoid valve (via switching positions between 12.1 to 12.3) or a pressure derived from the electromagnetic solenoid valve; at least one of confining the pilot pressure modulated by the electromagnetic solenoid valve and holding the electromagnetic solenoid valve in the air-purging position; and, when a supply pressure provided to the electromagnetic solenoid valve drops below a first threshold value: pneumatically or mechanically switching the electromagnetic solenoid valve into the air-purging position.at least one of confining a pilot pressure modulated by the electromagnetic solenoid valve and holding the electromagnetic solenoid valve in the air-purging position (page 6, lines 33-38 and 44-51); and, when a supply pressure provided to the electromagnetic solenoid valve drops below a first threshold value: pneumatically (via 14) or mechanically switching the electromagnetic solenoid valve into the air-purging position (when P1 doesn't exceed first threshold; abstract, lines 10-12).
As to claim 22, DE discloses a commercial vehicle comprising an electronically controllable pneumatic brake system, wherein said electronically controllable pneumatic brake system includes the electropneumatic valve arrangement of claim 1 (page 6, lines 33-38 and 44-51 and abstract).
Claim Rejections - 35 USC § 103
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 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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE in view of EP 3168097. DE discloses that a safety pressure operation is triggered based on a first threshold value (abstract, lines 10-12), but doesn't disclose the range of the value as recited.
EP discloses an electropneumatic valve arrangement for operating an electric parking brake system and shows that it is well known in the art to determine operation of the brake based on kPa values less than 450, which encompasses the ranges as recited).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the threshold value in DE with a kPa value in view of EP to ensure the braking system operates effectively under various
conditions to provide consistent performance and safety which achieves optimal braking force while minimizing risk of brake failure.
Claim(s) 10, 11, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE in view of DE 102017005757 (IDS cited with machine translation). As to claims 10 and 18, DE '747 discloses at least one spring accumulator connection (6), but doesn't disclose an emergency release connection as recited.
DE '757 discloses an electropneumatic valve arrangement for actuating a parking brake function of an electropneumatic brake system of a commercial vehicle, the electropneumatic valve arrangement comprising: a pilot control unit (16-20) including an electromagnetic solenoid valve (16) having at least one first permanent magnet (shown connected to side of 16), wherein said pilot control unit is configured to modulate a pilot pressure (via switching positions between 42, 44, 46) in dependence upon an electronic parking brake signal (via 4); a main valve unit (6) configured to receive the pilot pressure and modulate a parking brake pressure (via switching positions between 8, 10, 12, 14) at least at one spring accumulator connection (50) in dependence upon the pilot pressure and shows that it is well known in the art to provide an emergency release connection (via 22) having an emergency release path (via 24, 26, 28) for inputting and modulating an emergency release pressure which brings about the modulation of the parking brake pressure at said at least one spring accumulator connection.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide DE '747 with an emergency release connection as recited in view of DE '757 to prevent unintentional release of the
brake system during high pressure operation via pilot control unit to ensure the braking system operates effectively to provide consistent performance and safety which achieves optimal braking force while minimizing risk of brake failure.
As to claim 11, DE '747 discloses wherein said electromagnetic solenoid valve is configured to supply said pilot control unit with supply pressure (via 12.2) or connects said pilot control unit to an air-purging in dependence upon the emergency release pressure.
As to claim 20, DE '747 in view of DE '757 discloses wherein the emergency release pressure is modulated at the safety control connection of the electromagnetic solenoid valve or at a further control connection of the electromagnetic solenoid valve (via 22 connection to 24, 42 and 44 in DE '757).
Allowable Subject Matter
Claims 13 and 14 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-an electropnematic valve arrangement for actuating a parking brake function of a commercial vehicle having a pilot control unit including an electromagnetic solenoid valve with at least one first permanent magnet in which the unit modulates a pilot pressure depending upon brake signal; a main valve unit receiving the pilot pressure and modulating the brake pressure at a spring accumulator connection depending on the pilot pressure; the solenoid valve having a safety control pressure received by a control connection wherein the valve supplies the pilot unit with a supply pressure or connects the unit to an air purging depending on the safety pressure wherein that pressure is modulated by the valve or is pressure derived from valve; the valve has a first connection receiving the supply pressure, a second connection modulating pilot pressure and a third connection to the air purging wherein in the air supplying position, the first and second connections are connected and in the air purging position the second and third connections are connected; the air supplying or air purging positions are switchable by energizing a coil in which the valve is held magnetically via at least one permanent magnet; when the safety pressure is below a first threshold value, the valve is switched into the air purging position independently of a previous switching position; an emergency release connection having path for inputting release pressure to bring about modulation of brake pressure at the accumulator and that pressure is modulated at the safety connection or further connection of valve and in combination with the limitations exactly as written in claim 13.
Claims 3-5, 7, 12 and 19 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. See reasons for allowance indicated in the previous office action filed 4/1/26.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
There is no additional prior art made of record and relied upon as the examiner considers the prior art used in the rejections and previously cited the most pertinent to applicant’s disclosure.
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 TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 July 14, 2026
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