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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/12/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 5 recites, “The electronically slip-controllable power brake system as recited in claim 1, wherein the vehicle brake system is equipped with a second electronic controller for activating the electromechanically actuatable wheel brakes in a wheel-specific manner”. Claim 1 previously recited “a second electronic controller activates the electromechanically actuatable wheel brakes in a wheel-specific manner”. Accordingly, the entirety of claim 5 has already been recited in claim 1 such that claim 1 cannot be infringed upon without necessarily infringing on claim 5, and therefore claim 5 fails to further limit claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-11 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 rejections, as appropriate.
Reasons for allowance are commensurate with the reasons provided on page 10 of the remarks filed on 6/12/2026, namely that the prior art does not disclose or render obvious reason to provide for a brake system including the combination of limitation recited in claim 1, particularly in combination with the fault functionality of the last paragraph of the claim, such as closing the first pressure medium connection and opening the second pressure medium connection when fault occurs in the first power supply unit.
Further 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.
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.
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/DAVID MORRIS/
Primary Examiner
Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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