Prosecution Insights
Last updated: July 17, 2026
Application No. 18/446,202

BRAKE SYSTEM FOR TRACTOR-TRAILER

Non-Final OA §102§103
Filed
Aug 08, 2023
Examiner
KING, BRADLEY T
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kodiak Robotics Inc.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
680 granted / 961 resolved
+18.8% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
35 currently pending
Career history
1000
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
63.7%
+23.7% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 961 resolved cases

Office Action

§102 §103
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 § 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muller et al (US# 4616881). Muller et al disclose all the limitations of the instant claim including; : a first brake valve 9 configured to allow pressurized air to flow to first tractor brakes 23/24 and trailer brakes (via 12/34/38); a second brake valve 20 configured to allow pressurized air to flow to second tractor brakes 29/30; and a third brake valve 34 and/or 38 configured to allow pressurized air to flow to the trailer brakes, wherein the third brake valve is configured to be actuated before the first brake valve and the second brake valve. Col. 4, lines 4-10. Claim(s) 1-3, 10-12, 14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US# 2021/0370922). Smith discloses all the limitations of the instant claim including; : a first brake valve (portion of 904 operating 730) configured to allow pressurized air to flow to first tractor brakes 730 and trailer brakes (via 736/902); a second brake valve (portion of 904 operating 738) configured to allow pressurized air to flow to second tractor brakes 738; and a third brake valve 902 configured to allow pressurized air to flow to the trailer brakes, wherein the third brake valve is configured to be actuated before the first brake valve and the second brake valve. [0076] “In this case the system could use mechanism 902 to first apply brake pressure on the trailer and then a short time later activate mechanism 904 to apply the tractor brakes (e.g., within tens of milliseconds, or more or less).” Regarding claim 2, a controller 202 is configured to actuate the first brake valve 904, the second brake valve 904, and the third brake valve 902. Regarding claim 3, the controller is configured to control a timing of actuation of the third brake valve [0076] and a pressure of the air flow through the third brake valve to the trailer brakes [0076]. Regarding claim 10, a treadle valve 734 and the first brake valve 904 are each configured to allow pressurized air to flow to the first tractor brakes 730. [0074]-[0076] Regarding claim 11, a treadle valve 734 and the second brake valve 904 are each configured to allow pressurized air to flow to the second tractor brakes 738. [0074]-[0076] Regarding claim 12, a treadle valve 734 and the third brake valve 902 are each configured to allow pressurized air to flow to the second tractor brakes. [0069][0076] Regarding claim 14, Smith discloses an autonomous tractor-trailer [0002] comprising: a tractor 102; a trailer 104 coupled to the tractor; and a brake system 212 configured to stop the tractor and the trailer, the brake system comprising: a first valve system 904/736 configured to apply brakes 730 to the tractor and the trailer; and a second valve system 902 configured to apply brakes to the trailer, wherein the second valve system 902 is actuated prior to the first valve system. [0076] Regarding claim 17, a controller 202 configured to actuate the first valve system and the second valve system, wherein the controller is configured to control a timing of actuation of the second valve system [0076] and a pressure of an air flow through the second valve system [0076]. 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) 4-6, 15-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US# 2021/0370922) in view of Stearns (US# 4232908). Regarding claims 4 and 18, Smith discloses all the limitations of the instant claims with exception to a tractor protection valve configured to prevent passage of pressurized air to the trailer brakes when no trailer is coupled to the tractor. Stearns discloses a similar brake system and further teaches a tractor protection valve 86 configured to prevent passage of pressurized air to the trailer brakes when no trailer is coupled to the tractor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a tractor protection valve such as taught by Stearns in the system of Smith to prevent catastrophic loss of air pressure from the tractor should the trailer breakaway, thereby ensuring the tractor remains capable of braking. Note col. 1, lines 14-16. Regarding claims 5-6 and 19-20, Smith further lacks the third brake valve 902 being downstream (claims 5 and 19) or upstream (claims 6 and 20) of the tractor protection valve. It is noted that in adding the tractor protection valve such as taught by Stearns, into the brake system of Smith, the valve would necessarily be one of upstream and downstream of the third brake valve 902. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try either solution as there is only a finite number of solutions (two, upstream or downstream) and either would yield the predictable results of substantially the same brake operation with a reasonable expectation of success. Regarding claim 15, the first valve system comprises a first brake valve (portion of 904 operating 730) configured to allow pressurized air to flow to a first set of tractor brakes; a second brake valve (portion of 904 operating 738) configured to allow pressurized air to flow to a second set of tractor brakes; and, as modified above, a tractor protection valve configured to allow pressurized air to flow to flow to trailer brakes. Regarding claim 16, the second valve system 902 comprises a third brake valve 902 on a dedicated pressure line separate from the first brake valve and the second brake valve. Claim(s) 7 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US# 2021/0370922) in view of Diekmeyer et al (US# 2007/0246998). Smith discloses all the limitations of the instant claims with exception to a sensor system configured to detect a fault in the first brake valve, the second brake valve, and the third brake valve. Diekmeyer et al disclose a sensor system 76/78/80 which directly monitor pressure at solenoid valves [0020]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include sensors at the valves of Smith, as taught by Diekmeyer et a to monitor the pressure at the valves, thereby improving control and/or detecting improper valve operation. Claim(s) 8-9 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US# 2021/0370922) and Diekmeyer et al (US# 2007/0246998), as applied to claims 7 and 21 above, in further view of Andrea et al (US# 2019/0248354). Regarding claims 8 and 22, Smith further lacks at least three pressure sensors at each of the first brake valve, second brake valve, and the third brake valve (claim 8) or the first valve system and the second valve system (claim 22). Andrea et al disclose a similar device and further teach three sensors 107 per measured component and a voting method to ensure a proper and correct detection [0067][0068]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use at least three sensors per valve and a voting method, as taught by Andrea et al, for the system of Smith and Diekmeyer et al to ensure proper detection of the pressures provided at each valve, thereby ensuring that the brake system is operating appropriately. Regarding claims 9 and 23, Smith further lacks the sensor system being configured to operate as a voting system to determine a pressure at the respective first brake valve, second brake valve, and third brake valve (claim 9) or the first valve system and the second valve system (claim 22). Andrea et al disclose a similar device and further teach three sensors 107 per measured component and a voting method to ensure a proper and correct detection [0067][0068] It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use at least three sensors per valve and a voting method, as taught by Andrea et al, for the system of Smith and Diekmeyer et al to ensure proper detection of the pressures provided at each valve, thereby ensuring that the brake system is operating appropriately. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US# 2021/0370922) in view of McCann et al (US# 5042883) or Schwagmeyer et al (US# 2024/0157920). Smith discloses all the limitations of the instant claims with exception to a reservoir configured to supply pressure to the third brake valve 902; and a pressure line connected directly between the reservoir and the third brake valve such that the third brake valve is the only valve coupled to the pressure line. McCann et al disclose a similar brake system including a reservoir (trailer parking) configured to supply pressure to a third brake valve 26; and a pressure line connected directly between the reservoir and the third brake valve such that the third brake valve is the only valve coupled to the pressure line (note pressure line exiting the right side of the reservoir in figure 1). Schwagmeyer et al also disclose a similar brake system including a reservoir 13c configured to supply pressure to a third brake valve 11; and a pressure line connected directly between the reservoir and the third brake valve such that the third brake valve is the only valve coupled to the pressure line. Figure 2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a dedicated reservoir directly connecting to the third brake valve 902 of Smith, as taught by McCann et al or Schwagmeyer et al, to ensure leaks in the other systems do not impact the trailer braking by the valve 902 or to facilitate pressure supply at a different pressure should the trailer brakes have different requirements from the tractor, thereby increasing the flexibility of the system. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 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. /BRADLEY T KING/Primary Examiner, Art Unit 3616 BTK
Read full office action

Prosecution Timeline

Aug 08, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
94%
With Interview (+23.5%)
3y 1m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 961 resolved cases by this examiner. Grant probability derived from career allowance rate.

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