DETAILED CORRESPONDENCE
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) has been considered.
Specification
The abstract of the disclosure is objected to because it contains implied phrases, e.g. “Proposed is”. Correction is required. See MPEP § 608.01(b).
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 1-2 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 pre-AIA the applicant regards as the invention.
Claim 1 recites, “the brake fluid stored in the auxiliary brake unit”. Previously recited was “a storage unit connected to the primary brake unit and configured to store the brake fluid”. It was not previously established that any of the brake fluid is “stored” in the auxiliary brake unit, but rather only in the reservoir (storage unit). It is unclear if this limitation requires some structure, such as an additional storage chamber (21) or other structure).
Claim 2 is rejected due to dependency on a rejected base claim for failing to cure the deficiencies of the base claim. This issue is alleviated by claim 3.
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 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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheon et al. (U.S. 2020/0331442).
Regarding claim 1, Cheon discloses (fig. 1) An electronic hydraulic brake apparatus (see fig.) comprising: a primary brake unit (1) configured to provide a brake fluid to a wheel cylinder unit (3); a storage unit (118) connected to the primary brake unit (as shown) and configured to store the brake fluid (see pgh. 0035 at least); and an auxiliary brake unit (2) selectively connected to the primary brake unit (via fluid lines 61, 62 and associated valves), and configured to provide the brake fluid stored in the auxiliary brake unit to the wheel cylinder unit in a case where an operating error of the primary brake unit occurs (see abstract at least).
Regarding claim 3, Cheon discloses (fig. 1) the auxiliary brake unit comprises: an auxiliary block part (structure where the elements thereof are mounted, inherent);
an auxiliary storage part (70) disposed in the auxiliary block part, and configured to store the brake fluid (standard function of an accumulator);
an auxiliary circuit part (50/61/62/81/82) disposed on the auxiliary block part (fig. 1 as shown) and configured to adjust the brake fluid (standard function of valves and associated lines); and
an auxiliary controller (one of 200,300) configured to control the auxiliary circuit part to provide the brake fluid stored in the auxiliary brake unit to the wheel cylinder unit, when the operating error of the primary brake unit is detected (see pgh. 0036 at least).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (U.S. 2020/0331442) in view of Hoenick (U.S. 4435021).
Regarding claim 2, Cheon discloses the auxiliary brake unit (2) is connected to a hydraulic line of the primary brake unit (at 132, 142 at least). Cheon does not appear to disclose the auxiliary brake unit being mounted on the wheel cylinder unit. Hoenick teaches (figs. 1-2) a vehicle braking system including an auxiliary braking unit (fig. 1) mounted on the wheel cylinder (see fig. 2, accumulator (3) and piston (23) mounted on the caliper, i.e. on/at the wheel cylinder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have mounted the auxiliary brake unit of Cheon at the wheel cylinder as suggested by Hoenick to facilitate installation of the system and minimize space usage within the engine compartment of the vehicle (See col. 1 lines 36-42 at least).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (U.S. 2020/0331442) in view of Ahn (U.S. 2021/0122346).
Regarding claim 4, Cheon does not appear to disclose the structure of the block part. In the same field of endeavor of hydraulic vehicle brake systems, Ahn teaches a hydraulic circuit (fig. 8) including an auxiliary braking device (6) having an auxiliary block part (10), the auxiliary block part comprises: a block body (main housing of 10, see fig. 3 and pgh. 0049); a primary connection port (e.g. 121) disposed in the block body and configured to guide connection to the primary brake unit; and a wheel connection port (e.g. 124) disposed in the block body and configured to guide connection to the wheel cylinder unit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the block structure of Ahn to house the auxiliary circuit of Cheon to provide a space and size efficient application for the fluid lines and valves interconnecting the primary hydraulic circuit and the various wheel cylinders (see pgh. 0022-0023 of Ahn).
Allowable Subject Matter
Claims 5-20 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if rewritten to overcome any 112(b) rejections, as appropriate.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The documents listed on the PTO-892 disclose various brake control systems.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID MORRIS whose telephone number is (571)270-3595. The examiner can normally be reached Monday thru Friday; 8:30 AM - 5:00 PM.
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, Robert Siconolfi can be reached at (571) 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/DAVID MORRIS/
Primary Examiner
Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616