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 .
Response to Arguments
Applicant’s arguments, see Applicants Arguments, filed 3rd March 2026, with respect to the rejections of Claim 1 under 35 USC 102 and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection, as necessitated by amendment, are made in as seen below.
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.
Claims 1-3, 5-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sonoda (US 20100187901 A1) in view of Hotani et. al. (US 20140008966 A1).
Regarding Claim 1, Sonoda discloses a brake device for braking wheels of a vehicle, comprising: a brake pedal (BP); a pedal operation detection section (BS) configured to detect an amount of operation of the brake pedal; a tank section (16) configured to store brake fluid; an actuator (A) configured to pressurize the brake fluid stored in the tank section (16) to a brake fluid pressure corresponding to the amount of operation of the brake pedal (BP); a master cylinder (M/C); a brake fluid flow path (P, S) configured to guide the brake fluid discharged from the storage chamber to the tank section (16); (see Fig. 2, Annotated Fig. 2 below).
Sonoda does not explicitly disclose the master cylinder including a cylinder section configured to form a storage chamber for storing brake fluid and a piston rod that connects to the brake pedal and pushes out the brake fluid stored in the storage chamber and discharges the brake fluid to an outside of the cylinder section by moving a distance corresponding to the amount of operation of the brake pedal; and a reaction force generating section being connected to the brake pedal and including an elastic member configured to generate a reaction force on the brake pedal by elastically deforming according to the amount of operation of the brake pedal, the elastic member is provided outside of the master cylinder; and the elastic member and the master cylinder are separately and individually connected to the brake pedal in such a way that the elastic member is connected to the brake pedal not via the master cylinder and the master cylinder is connected to the brake pedal not via the elastic member, so that the reaction force generated by the elastic member does not increase pressure of the brake fluid in the brake fluid flow path.
Hotani teaches a master cylinder (11) including a cylinder section configured to form a storage chamber (17) for storing brake fluid and a piston rod (13) that connects to the brake pedal (12) and pushes out the brake fluid stored in the storage chamber (17) and discharges the brake fluid to an outside of the cylinder section by moving a distance corresponding to the amount of operation of the brake pedal (12); and a reaction force generating section (E1) being connected to the brake pedal (12) and including an elastic member (E) (see Annotated Fig. 1 below) configured to generate a reaction force on the brake pedal (12) by elastically deforming according to the amount of operation of the brake pedal (12), the elastic member (E) is provided outside of the master cylinder (11); and the elastic member (E) and the master cylinder (11) are separately and individually connected to the brake pedal (12) in such a way that the elastic member (E) is connected to the brake pedal (12) not via the master cylinder (11) and the master cylinder (11) is connected to the brake pedal (12) not via the elastic member (E), SO that the reaction force generated by the elastic member (E) does not increase pressure of the brake fluid in the brake fluid flow path (see Fig. 1, Annotated Fig. 1 below).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Hotani with the brake device of Sonoda in order to improve the brake feel and comfort during abnormal braking situations (see US 20140008966 A1 [Hotani]; [0004-0010]).
PNG
media_image1.png
593
767
media_image1.png
Greyscale
Annotated Fig. 2
PNG
media_image2.png
451
540
media_image2.png
Greyscale
Annotated Fig. 1
Regarding Claim 2, Sonoda modified by Hotani teaches wherein the brake fluid flow path (P, S) includes a first flow path (X) configured to guide the brake fluid discharged from the cylinder section to the wheel cylinder (W/C) through the tank section (19) and the actuator (A), and a second flow path (Y) configured to guide the brake fluid discharged from the cylinder section to the wheel cylinder (W/C) without flowing through the tank section (19) and the actuator (A), the flow path switching section (B) includes a first control valve (2) of normally closed type disposed in the first flow path (X), and a second control valve (3) of normally open type disposed in the second flow path (Y), when the brake device is not malfunctioning, the brake fluid discharged from the cylinder section is guided to the wheel cylinder (W/C) through the tank section (19) and the actuator (A) by putting the first control valve (2) in a communicating state and the second control valve (3) in a blocking state, and when the brake device is malfunctioning, the brake fluid discharged from the cylinder section is guided to the wheel cylinder (W/C) without flowing through the tank section (19) and the actuator (A) by putting the first control valve (3) in the blocking state and the second control valve (3) in the communicating state (see US 20100187901 A1 [Sonoda]; Fig. 2, Annotated Fig. 2 above).
Regarding Claim 3, Sonoda modified by Hotani teaches wherein the brake fluid flow path (P, S) includes a first flow path (X) configured to guide the brake fluid discharged from the cylinder section to the wheel cylinder (W/C) through the tank section (19) and the actuator (A), and a second flow path (Y) configured to guide the brake fluid discharged from the cylinder section to the wheel cylinder (W/C) without flowing through the tank section (19) and the actuator (A), the flow path switching section (B) includes a first control valve (2) of normally closed type disposed in the first flow path (X), and a second control valve (3) of normally open type disposed in the second flow path (Y), when the brake device is not malfunctioning, the brake fluid discharged from the cylinder section is guided to the wheel cylinder (W/C) through the tank section (19) and the actuator (A) by putting the first control valve (2) in a communicating state and the second control valve (3) in a blocking state, and when the brake device is malfunctioning, the brake fluid discharged from the cylinder section is guided to the wheel cylinder (W/C) without flowing through the tank section (19) and the actuator (A) by putting the first control valve (3) in the blocking state and the second control valve (3) in the communicating state (see US 20100187901 A1 [Sonoda]; Fig. 2, Annotated Fig. 2 above).
Regarding Claim 5, Sonoda modified by Hotani teaches further comprising: an electronic control unit (32) that controls the actuator (A) by transmitting a control signal to the actuator (A) based on an operation amount of the brake pedal (BP); and based on the control signal, the actuator (A) adjusts the brake fluid pressure of each of wheel cylinders configured to apply braking force to wheels of the vehicle (see US 20100187901 A1 [Sonoda]; Fig. 1, Fig. 2, Annotated Fig. 2 above, [0048-0051]).
Regarding Claim 6, Sonoda modified by Hotani teaches wherein the brake pedal (12) includes a pedal section (A1) configured to be depressed by a driver, a lever section (B1) connected to the pedal section (A1), and a rotating shaft (C1) about which the lever section (B1) rotates, and wherein the elastic member (E) is directly connected to the lever section (B1) and generates the reaction force on the brake pedal according to a rotation angle of the lever section (B1) (see US 20140008966 A1 [Hotani]; Fig. 1, Annotated Fig. 1 above).
Regarding Claim 7, Sonoda modified by Hotani teaches wherein the piston rod (13) is directly connected to the brake pedal (13), and no brake fluid is present between the brake pedal (12) and the piston rod (13) (see US 20140008966 A1 [Hotani]; Fig. 1).
Regarding Claim 8, Sonoda modified by Hotani teaches wherein the tank section (16) is configured to store the brake fluid at approximately atmospheric pressure, so that the brake fluid discharged from the storage chamber into the brake fluid flow path does not generate a brake fluid pressure reaction force on the piston rod when the brake device is not malfunctioning (US 20100187901 A1 [Sonoda]; Fig. 1, [0056]). It should be noted that while the limitation “approximately atmospheric pressure” is not indefinite in the instant case (as functional language provides additional context to the scope of “approximately”) the limitation is very broad. Under Broadest Reasonable Interpretation (BRI) “words of the claim must be given their plain meaning” (see MPEP 2173.01). Therefore the “low pressure reservoir” of Sonoda are equivalent to a “tank section” at “approximately atmospheric pressure” of Claim 8 (see US 20100187901 A1 [Sonoda]; [0056]).
Regarding Claim 10, Sonoda modified by Hotani teaches wherein a second elastic member (16) is housed in the storage chamber (17) formed in the cylinder section (see US 20140008966 A1 [Hotani]; Fig. 1).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sonoda (US 20100187901 A1) as modified by Hotani et. al. (US 20140008966 A1) in Claim 1, above, further in view of Nomura et. al. (US 20130192222 A1).
Regarding Claim 4, Sonoda modified by Hotani teaches the brake device according to Claim 1.
Sonoda modified by Hotani does not explicitly teach wherein the brake pedal, the master cylinder, and the reaction force generating section are provided inside a vehicle interior.
Nomura teaches wherein the brake pedal, the master cylinder, and the reaction force generating section are provided inside a vehicle interior (see Fig. 1, [0022]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Nomura with the brake device of Sonoda modified by Hotani in order to firmly fix the brake device the vehicle interior and reduce noise and vibration generation (see US 20130192222 A1 [Nomura]; [0054]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sonoda (US 20100187901 A1) as modified by Hotani et. al. (US 20140008966 A1) in Claim 1, above, further in view of Gaillard (US 5567021 A).
Regarding Claim 9, Sonoda modified by Hotani teaches the brake device according to Claim 1, wherein the master cylinder (11) includes a master reservoir (20) that stores brake fluid, and the master reservoir (20) is attached to an outer circumference of a housing (see US 20140008966 A1 [Hotani]; Fig. 1).
Sonoda modified by Hotani does not explicitly teach wherein the housing is also the housing for the reaction force generation section or the reservoir is housed within the housing of the reaction force generating section.
Gaillard teaches a brake device with a master cylinder (44) including a master reservoir (10) that stores brake fluid, and the master reservoir (10) arranged on a housing (4) of the reaction force generating section (30) (see Fig. 2, 3: 15-16).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Gaillard with the brake device of Sonoda modified by Hotani in order to create a more compact and space efficient brake system (see US 5567021 A [Gaillard]; 5:30-40). It should be noted that while Gaillard does not explicitly teach that the arranged master reservoir is “attached” to the housing, Hotani teaches the master reservoir is attached to the housing, such that in combination Sonoda modified by Hotani and Gaillard teach all the limitations of Claim 9.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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.
/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
Prosecution Insights