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 § 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 1-20 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.
Regarding independent claim 1, the phrase “an electric PTU motor” is indefinite because the initialism “PTU” is not defined by either the specification or the claims. As such, it is unclear what is required by the initials “PTU.”
Regarding claim 2, the phrase “an iso/dump control valve arrangement” is indefinite because it is unclear whether “iso/dump” requires an iso control valve arrangement and a dump control valve arrangement, or alternatively, an iso control valve arrangement or a dump control valve arrangement.
Regarding claim 2, the phrase “the iso valve of the corresponding iso/dump control valve arrangement” lacks antecedent basis. Furthermore, it is unclear whether “the iso valve” is referring to an iso valve of the iso/dump control valve arrangement, a dump valve of the iso/dump control valve arrangement, both of the iso valve and the dump valve, or the previously recited first and second traction control iso valves.
Regarding claim 7, the phrase “an iso/dump control valve arrangement” is indefinite because it is unclear whether “iso/dump” requires an iso control valve arrangement and a dump control valve arrangement, or alternatively, an iso control valve arrangement or a dump control valve arrangement.
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.
Claims 1, 4, 5 and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Besier et al. (US 2017/0129468).
Regarding independent claim 1, Besier discloses a brake system for actuating a plurality of wheel brakes (see FIG. 1, Abstract) comprising first and second pairs of wheel brakes (1) (see FIG. 1), the system comprising: a reservoir (70); a motor-driven master cylinder (7) (see ¶ 0033) operable during a normal non-failure braking mode (see ¶ 0033) by actuation of an electric motor (see ¶ 0033, “electric motor”) of the master cylinder to generate brake actuating pressure at first (26a) and second (26b) MC outputs for hydraulically actuating the first and second pairs of wheel brakes, respectively (see FIG. 1; ¶ 0030); a secondary brake module (3, 6) configured for selectively providing pressurized hydraulic fluid at first and second pump outputs (38a, 38b) for actuating the first and second pairs of wheel brakes in at least one of a normal non-failure braking mode and a backup braking mode (see ¶¶ 0035, 0063), the secondary brake module including an electric PTU motor (37) configured to selectively pressurize the hydraulic fluid by transmitting rotary motion to at least two pump pistons (38a, 38b), each pump piston providing pressurized hydraulic fluid to a corresponding one of the first and second pump outputs (see FIG. 1; ¶ 0039), each of the first and second pump outputs providing fluid to a corresponding one of the first and second pairs of wheel brakes (see FIG. 1); a first traction control iso valve (32a) hydraulically interposed between the motor-driven master cylinder and the first pair of wheel brakes via the first MC output (see FIG. 1); a second traction control iso valve (32b) hydraulically interposed between the motor-driven master cylinder and the second pair of wheel brakes via the second MC output (see FIG. 1); a first bypass iso valve (see ¶ 0043, “a non-return valve;” see also FIG. 1, showing non-return valve in parallel with valve (60a); alternatively, valve (60a) forms the second bypass iso valve) hydraulically interposed between the first traction control iso valve and a front brake of the first pair of wheel brakes (see FIG. 1); a second bypass iso valve (see ¶ 0043, “a non-return valve;” see also FIG. 1, showing non-return valve in parallel with valve (60c); alternatively, valve (60c) forms the second bypass iso valve) hydraulically interposed between the second traction control iso valve and a front brake of the second pair of wheel brakes (see FIG. 1); and an electronic control unit (12 and/or 13 and/or 16) for controlling at least one of the secondary brake module and the master cylinder responsive to at least one brake pressure signal (25, 27) (see ¶0059) (see also present application, ¶ 0028, “[a] ‘brake pressure signal’ is referenced above as being at least one input that an ECU 134 may consider and responsively control one or more other components of the brake system 100, to achieve desired braking results for a particular use environment”).
Regarding claim 4, Besier discloses a first brake pressure sensor (36a) is interposed hydraulically between the first traction control iso valve and a corresponding front brake of the first pair of wheel brakes (see FIG. 1), and a second brake pressure sensor (36b) is interposed hydraulically between the second traction control iso valve and a corresponding front brake of the second pair of wheel brakes (see FIG. 1).
Regarding claim 5, Besier discloses that the motor-driven master cylinder is a dual-chamber (21, 23) master cylinder (see FIG. 1).
Regarding claim 7, Besier discloses an iso/dump control valve arrangement (60a, 60b, 60c, 60d, 61a, 61b, 61c, 61d) associated with each wheel brake of the first and second pairs of wheel brakes, wherein the first traction control iso valve (32a) is hydraulically interposed between the motor-driven master cylinder and the iso/dump control valve arrangements of the first pair of wheel brakes (see FIG. 1), and wherein the second traction control iso valve (32b) is hydraulically interposed between the motor-driven master cylinder and the iso/dump control valve arrangements of the second pair of wheel brakes (see FIG. 1).
Regarding claim 8, Besier discloses that the first bypass iso valve is hydraulically interposed between the first traction control iso valve and the front brake of the first pair of wheel brakes in parallel with the iso/dump control valve arrangement corresponding to the front brake of the first pair of wheel brakes (see FIG. 1; ¶ 0043), and wherein the second bypass iso valve is hydraulically interposed between the second traction control iso valve and the front brake of the second pair of wheel brakes in parallel with the iso/dump control valve arrangement corresponding to the front brake of the second pair of wheel brakes (see FIG. 1; ¶ 0043).
Regarding claim 9, Besier discloses that each of the first and second bypass iso valves is a normally open iso valve (see ¶ 0043, “opening towards the second pressure source) and is configured to close responsive to higher hydraulic fluid pressure on an upstream (i.e., closer to the master cylinder) side of the bypass valve (see ¶ 0043, “non-return valve”).
Regarding claim 10, Besier discloses that each of the first and second bypass iso valves is oriented in an opposite fluid flow direction (see ¶ 0043, “opening towards the second pressure source”) as is the iso valve of the corresponding iso/dump control valve arrangement (see ¶ 0043, “for each wheel brake 1 an inlet valve 60a-60d”).
Regarding claim 11, Besier discloses that the electronic control unit is a first electronic control unit (12) controlling the motor-driven master cylinder (see ¶ 0029) and the brake system includes a second electronic control unit (13, 16) controlling the secondary brake module (see ¶ 0029), wherein both the first and second electronic control units control the respective motor-driven master cylinder and secondary brake module responsive to at least one brake pressure signal (see ¶ 0059).
Regarding claim 12, Besier discloses that the second electronic control unit controls the first and second traction control iso valves (see ¶¶ 0043, 0044).
Regarding claim 13, Besier discloses a deceleration signal transmitter (25, 27) configured to provide a braking signal (see ¶ 0035), in a wired or wireless manner, corresponding to a desired braking action by an operator of the vehicle (see ¶ 0035), wherein the electronic control unit controls at least one of the secondary brake module and the motor-driven master cylinder responsive to the braking signal (see ¶¶ 0035, 0059).
Regarding claim 14, Besier discloses that the reservoir (70) and motor-driven master cylinder (7) are co-located in a first housing (see FIG. 1) and the secondary brake module is located in a second housing (3, 6), spaced apart from the first housing (see FIG. 1).
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Besier et al. (US 2017/0129468), as applied to claim 1, above, and further in view of Roll et al. (US 2016/0039398).
Regarding claim 2, Besier discloses an iso/dump control valve arrangement (60a-60d, 61a-61d) associated with each wheel brake of the plurality of wheel brakes (see FIG. 1), each iso/dump control valve arrangement being controlled by the electronic control unit (see ¶ 0029).
Besier does not disclose that each of the first and second bypass iso valves has a larger orifice size than an orifice size of the iso valve of the corresponding iso/dump control valve arrangement.
Roll teaches a brake system for actuating a plurality of wheel brakes (see Abstract, FIG. 1) comprising a bypass iso valve (22-25) for each wheel and an iso/dump control valve arrangement (18-21, 26-29), wherein each of the bypass iso valves (22-25) has a larger orifice size than an orifice size of the iso valve of the corresponding iso/dump control valve arrangement (see ¶ 0067, “check valve 23 . . . often has a significantly larger cross section than the orifice in the inlet valve”).
It would have been obvious to configure the iso bypass valve of Besier to have a larger orifice size than the corresponding iso valve to ensure the quick release of brake pressure through the bypass valve when desired.
Regarding claim 3, Besier discloses that each iso/dump control valve arrangement (60a-60d, 61a-61d) is in fluid communication with both a selected one of the first and second MC outputs (via (32a, 32b)) and a selected one of the first and second pump outputs for selectively receiving pressurized hydraulic fluid therefrom (see FIG. 1).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Besier et al. (US 2017/0129468), as applied to claim 1, above, and further in view of Ganzel (US 2022/0274576).
Regarding claim 15, Besier does not disclose an electric brake motor associated with each of the rear wheel brakes of the front and rear pairs of wheel brakes, the electric brake motors being operative in at least the backup braking mode.
Ganzel teaches a brake system for actuating a plurality of wheel brakes (see FIG. 1, Abstract) comprising an electric brake motor (106a, 106c) associated with each of the rear wheel brakes of the front and rear pairs of wheel brakes (see FIG. 1), the electric brake motors being operative in at least the backup braking mode (see ¶ 0019).
It would have been obvious to combine the electric brake motors of Ganzel with the device of Besier to provide a parking brake functionality in addition to added braking capability in a failed system condition (see e.g. Ganzel, ¶ 0019).
Regarding claim 16, Besier teaches that the electronic control unit is a first electronic control unit (12) controlling at least a chosen one of the motor-driven master cylinder and the secondary brake module (see ¶ 0029), and the brake system includes a second electronic control unit (13, 16) controlling at least one of the other one of the motor-driven master cylinder and the secondary brake module (see ¶ 0029), wherein both the first and second electronic control units control the respective motor-driven master cylinder, secondary brake module, first and second traction control iso valves, and/or electric brake motors responsive to at least one brake pressure signal (see ¶ 0059). Ganzel teaches that the electric brake motors can be controlled by either or both of the first and/or second control units (see ¶ 0024).
Regarding claim 17, Besier does not disclose the constructional details of the bypass iso valves.
Ganzel teaches a brake system for actuating a plurality of wheel brakes (see FIG. 1, Abstract), comprising first and second bypass valves (144A, 144C) (see FIG. 1) wherein the first and second bypass iso valves each include: an MC passage (506) in fluid communication with a corresponding first or second MC output (see ¶ 0046); a brake-side passage (508) in fluid communication with a corresponding front wheel brake (see ¶ 0046); a longitudinally extending bypass valve sleeve (see FIG. 5, sleeve surrounding armature (512) and body (504)); a bypass valve body (504) having longitudinally spaced first and second body ends (see FIG. 5) with a bypass body lumen extending therebetween (see FIG. 5, lumen houses spring (514) and tappet (510)), the bypass valve body spacing at least a portion of the bypass valve sleeve (see FIG. 5), at least partially surrounding the first body end, away from at least the brake-side passage (see FIG. 5), located adjacent the second body end (see FIG. 5); a bypass armature (512) located within the bypass valve sleeve adjacent the first body end (see FIG. 5); a bypass tappet (512) at least partially surrounded by the bypass armature and the bypass valve sleeve (see FIG. 5), the bypass tappet extending at least partially through the bypass body lumen (see FIG. 5), the bypass tappet being selectively moved longitudinally within the bypass body lumen toward the bypass valve body via energization of the bypass armature (see ¶ 0046); and a bypass valve seat (518) carried by a bypass seat body located directly adjacent the second body end (see FIG. 5); wherein a bypass valve fluid path extends through a selected one of the MC passage and the brake-side passage, past the bypass valve seat, through at least one laterally extending side aperture in the bypass valve body through at least a portion of the bypass body lumen, and through the other one of the MC passage and the brake-side passage (see FIG. 5); and wherein the bypass tappet selectively engages with the bypass valve seat to substantially occlude the bypass valve fluid path responsive to energization of the bypass armature moving the bypass tappet toward the second body end (see FIG. 5; ¶ 0046).
It would have been obvious to utilize the construction of the bypass iso valve of Ganzel for the bypass iso valves (60a-60d) of Besier to utilize a known construction that is suitable for use as a brake bypass valve (see e.g. Ganzel, ¶ 0046).
Regarding claim 18, Besier discloses that the MC passage is in indirect fluid communication with the corresponding first or second MC output via a corresponding first or second traction control iso valve (see FIG. 1).
Regarding claim 19, Besier discloses that the brake-side passage is in direct fluid communication with the corresponding front wheel brake (see FIG. 1).
Regarding claim 20, Ganzel teaches a bypass biasing spring (514) mechanically interposed between the bypass tappet and at least a portion of the bypass valve body within the bypass body lumen (see FIG. 5), the bypass biasing spring being operative to bias the bypass tappet toward the first body end (see FIG. 5).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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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.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
April 13, 2026
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