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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-22 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 claim 1, the limitation “a failure safety-valve arrangement connected to the failure supply port and the redundancy brake-pressure port, or at least to a first redundancy control port, and having a first failure brake valve realized as a monostable valve and being switchable in an event of a fault in order, based on the failure supply pressure, to deliver the first redundancy brake pressure at the first redundancy brake-pressure port or at least a first redundancy control pressure at the first redundancy control port” is unclear. It appears the limitation requires wherein a failure safety valve arrangement (14, fig 1) is connected to either (A) the brake redundancy brake pressure port (8), OR (B) at least to a first redundancy control port (40.4, fig 3), AND a first failure brake valve (16) to deliver the first redundancy brake pressure (pR1) at (C) the first redundancy brake pressure port (8) OR (D) a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). It appears that connections (A) and (B) are operable to correspond to valve arrangements (C) and (D), respectively. It is unclear how if connection (A) is selected, how arrangement (D) would be possible. In other words, if connection (A) is selected, it is unclear how the first failure brake valve (16) can deliver a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). The same is unclear for wherein connection (B) won’t work with arrangement (C). If connection (B) is selected, it is unclear how the first failure brake valve (16) can deliver the first redundancy brake pressure (pR1) at the first redundancy brake pressure port (8).
Claim 1 recites the limitation "the redundancy brake pressure-port" in lines 12-13. There is insufficient antecedent basis for this limitation in the claim. It appears that claim 1 has defined "the redundancy brake pressure-port" as "a first redundancy brake pressure-port" in line 7. For consistency, the limitation in lines 12-13 should read "the first redundancy brake pressure-port".
Claim 1 recites the limitation "being switchable in an event of a fault in order" in lines 14-15 is unclear. It is not clear what is encompassed by “a fault in order”. It is unclear if the limitation is referring to a general fault in the electropneumatic assembly, or if the fault is in an order of sequence with regards to air flow in the electropneumatic assembly.
Regarding claim 4, the limitation “a pressure limiter upstream of said failure supply port or said electropneumatic assembly having a pressure limiter for limiting the pressure received at the failure supply port” is not clear. The limitation is not clear because it appears to be redundant. It is redundant because the first recitation requires a pressure limiter to be upstream the failure supply port and the second recitation requires a pressure limiter limiting pressure received at the failure supply port, which is also upstream the supply port. It is unclear how the second recitation further limits or defines the claim regarding the pressure limiter. It is also unclear if the limitations “a pressure limiter” in lines 1 and 2-3 present antecedent basis issues regarding the pressure limiter and could present further 112b issues should any future claim depend therefrom.
Regarding claim 14, the limitation “a failure safety-valve arrangement connected to the failure supply port and the redundancy brake-pressure port, or at least to a first redundancy control port, and having a first failure brake valve realized as a monostable valve and being switchable in an event of a fault in order, based on the failure supply pressure, to deliver the first redundancy brake pressure at the first redundancy brake-pressure port or at least a first redundancy control pressure at the first redundancy control port” is unclear. It appears the limitation requires wherein a failure safety valve arrangement (14, fig 1) is connected to either (A) the brake redundancy brake pressure port (8) OR (B) at least to a first redundancy control port (40.4, fig 3), AND a first failure brake valve (16) to deliver the first redundancy brake pressure (pR1) at (C) the first redundancy brake pressure port (8) OR (D) a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). It appears that connections (A) and (B) are operable to correspond to valve arrangements (C) and (D), respectively. It is unclear how if connection (A) is selected, how arrangement (D) would be possible. In other words, if connection (A) is selected, it is unclear how the first failure brake valve (16) can deliver a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). The same is unclear for wherein connection (B) won’t work with arrangement (C). If connection (B) is selected, it is unclear how the first failure brake valve (16) can deliver the first redundancy brake pressure (pR1) at the first redundancy brake pressure port (8).
Claim 14 recites the limitation "the redundancy brake pressure-port" in lines 18-19. There is insufficient antecedent basis for this limitation in the claim. It appears that claim 14 has defined "the redundancy brake pressure-port" as "a first redundancy brake pressure-port" in line 13. For consistency, the limitation in lines 18-19 should read "the first redundancy brake pressure-port".
Claim 14 recites the limitation "being switchable in an event of a fault in order" in lines 20-21 is unclear. It is not clear what is encompassed by “a fault in order”. It is unclear if the limitation is referring to a general fault in the electropneumatic assembly, or if the fault is in an order of sequence with regards to air flow in the electropneumatic assembly.
In lines 24-27 of claim 14, the limitation “wherein said first redundancy brake-pressure port is connected to at least one of the following: i) a front-axle redundancy port of the front-axle modulator; and, ii) to a rear-axle redundancy port of said rear-axle modulator to cause redundant delivery of the front-axle service-brake pressure and rear-axle service-brake pressure, respectively” is unclear. At first the recitation requires wherein said first redundancy brake-pressure port is connected to “at least one” of i) or ii), but then requires i) and ii) “to cause” a redundant pressure delivery of both, and not “at least one of”, i) and ii).
Claim 19 recites the limitation "the trailer control valve" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 20, the limitation “a failure safety-valve arrangement connected to the failure supply port and the redundancy brake-pressure port, or at least to a first redundancy control port, and having a first failure brake valve realized as a monostable valve and being switchable in an event of a fault in order, based on the failure supply pressure, to deliver the first redundancy brake pressure at the first redundancy brake-pressure port or at least a first redundancy control pressure at the first redundancy control port” is unclear. It appears the limitation requires wherein failure safety valve arrangement (14, fig 1) is connected to either (A) the brake redundancy brake pressure port (8) OR (B) at least to a first redundancy control port (40.4, fig 3), AND a first failure brake valve (16) to deliver the first redundancy brake pressure (pR1) at (C) the first redundancy brake pressure port (8) OR (D) a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). It appears that connections (A) and (B) are operable to correspond to valve arrangements (C) and (D), respectively. It is unclear how if connection (A) is selected, how arrangement (D) would be possible. In other words, if connection (A) is selected, it is unclear how the first failure brake valve (16) can deliver a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). The same is unclear for wherein connection (B) won’t work with arrangement (C). If connection (B) is selected, it is unclear how the first failure brake valve (16) can deliver the first redundancy brake pressure (pR1) at the first redundancy brake pressure port (8).
Claim 20 recites the limitation "the redundancy brake pressure-port" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. It appears that claim 20 has defined "the redundancy brake pressure-port" as "a first redundancy brake pressure-port" in line 8. For consistency, the limitation in lines 11-12 should read "the first redundancy brake pressure-port".
Claim 20 recites the limitation "being switchable in an event of a fault in order" in line 14 is unclear. It is not clear what is encompassed by “a fault in order”. It is unclear if the limitation is referring to a general fault in the electropneumatic assembly, or if the fault is in an order of sequence with regards to air flow in the electropneumatic assembly.
Regarding claim 20, there appears to be an antecedent basis issue pertaining to the method steps. In lines 21-26, the limitation “the method comprising: providing a reservoir pressure at a reservoir port of an electropneumatic assembly; providing, at a failure supply port of the electropneumatic assembly, at least while the vehicle is moving, a failure supply pressure limited with respect to and lower than the reservoir pressure; and, locking out the failure supply pressure when the electronically controllable pneumatic braking system is in a fault-free state” is recited. However, in lines 6-15, a reservoir pressure, a reservoir port of an electropneumatic assembly, a failure supply port, and a failure supply pressure, have been defined. It is unclear if the elements defined in lines 6-15 are the same elements recited in lines 21-26.
Regarding claim 21, there appears to be an antecedent basis issue pertaining to the method steps. In lines 21-26, the limitation “deenergizing a first failure brake valve of the electropneumatic assembly; and, passing the failure supply pressure through the first failure brake valve to activate redundant braking of the vehicle via front-axle service-brake actuators and/or rear-axle service-brake actuators” is recited. At least a first failure brake valve and redundant braking of the vehicle via front-axle service-brake actuators and/or rear-axle service-brake have been defined in claim 20. It is unclear if the elements defined in claim 20 are the same elements recited in claim 21.
Regarding claim 22, the limitation “a failure safety-valve arrangement connected to the failure supply port and the redundancy brake-pressure port, or at least to a first redundancy control port, and having a first failure brake valve realized as a monostable valve and being switchable in an event of a fault in order, based on the failure supply pressure, to deliver the first redundancy brake pressure at the first redundancy brake-pressure port or at least a first redundancy control pressure at the first redundancy control port” is unclear. It appears the limitation requires wherein failure safety valve arrangement (14, fig 1) is connected to either (A) the brake redundancy brake pressure port (8) OR (B) at least to a first redundancy control port (40.4, fig 3), AND a first failure brake valve (16) to deliver the first redundancy brake pressure (pR1) at (C) the first redundancy brake pressure port (8) OR (D) a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). It appears that connections (A) and (B) are operable to correspond to valve arrangements (C) and (D), respectively. It is unclear how if connection (A) is selected, how arrangement (D) would be possible. In other words, if connection (A) is selected, it is unclear how the first failure brake valve (16) can deliver a first redundancy control pressure (pRs1) at the first redundancy control port (40.4). The same is unclear for wherein connection (B) won’t work with arrangement (C). If connection (B) is selected, it is unclear how the first failure brake valve (16) can deliver the first redundancy brake pressure (pR1) at the first redundancy brake pressure port (8).
Claim 22 recites the limitation "the redundancy brake pressure-port" in lines 20-21. There is insufficient antecedent basis for this limitation in the claim. It appears that claim 22 has defined "the redundancy brake pressure-port" as "a first redundancy brake pressure-port" in line 15. For consistency, the limitation in lines 20-21 should read "the first redundancy brake pressure-port".
Claim 22 recites the limitation "being switchable in an event of a fault in order" in lines 22-23 is unclear. It is not clear what is encompassed by “a fault in order”. It is unclear if the limitation is referring to a general fault in the electropneumatic assembly, or if the fault is in an order of sequence with regards to air flow in the electropneumatic assembly.
Regarding claim 22, the limitation in lines 30-38 “said electronically controllable pneumatic braking system being configured to execute a method for controlling said electronically controllable pneumatic braking system with the method steps of: providing a reservoir pressure at a reservoir port of an electropneumatic assembly; providing, at a failure supply port of the electropneumatic assembly, at least while the vehicle is moving, a failure supply pressure limited with respect to and lower than the reservoir pressure; and, locking out the failure supply pressure when the electronically controllable pneumatic braking system is in a fault-free state” has been held indefinite. The method steps in lines 30-38 have been interpreted to hold little patentable weight as an apparatus claim generally should not contain explicit method steps. The method steps recited in claim 22 appear to provide the apparatus as defined in lines 11-25. It would be held definite to use separate method claims for the process and apparatus claims for the device, focusing apparatus claims on physical components and their relationships, while allowing limited functional language describing those components' capabilities, as per MPEP 2173.05(p) and In re Katz.
The method steps in claim 22 also appear to invoke 112 2nd antecedent basis issues as it is not clear if the structural elements recited in lines 30-38 are the same structural elements as recited in lines 11-25. For example, in line 13, “a reservoir port” and “a reservoir pressure” are defined, and in line 33, “a reservoir port” and “a reservoir pressure” are defined. Similarly, the limitations in lines 35-36, “a failure supply port” and “a failure supply pressure” have been held indefinite.
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 (i.e., changing from AIA to pre-AIA ) 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 1-4, 14-15, and 20-22 are rejected under 35 U.S.C. 102a1 as being anticipated by Van Thiel (DE 102018108092 A1).
For examination purposes, the English equivalent Van Thiel US 20210001828 has been relied on below.
Regarding claim 1, Van Thiel discloses an electropneumatic assembly (at least figs 1 and 2) for an electronically controllable pneumatic braking system for a vehicle including a commercial vehicle (Abstract, utility vehicle brake); the electropneumatic assembly comprising: a first compressed-air reservoir (3); a reservoir port (2) for receiving a reservoir pressure (pV1) from said first compressed-air reservoir (fig 2); a first redundancy brake-pressure port (6) for providing a first redundancy brake pressure (pVAR) for at least one of the following: a first axle of the vehicle (at least a front axle, [0042]) and a first axle of a trailer of the vehicle; a failure supply port (4/5) for providing a failure supply pressure (fig 2 and at least [0045], pVAR/70) limited with respect to and lower than the reservoir pressure (pV1); and, a failure safety-valve arrangement (14) connected to the failure supply port (4/5) and the redundancy brake-pressure port (6) ([at least 0045]), or at least to a first redundancy control port, and having a first failure brake valve (45) realized as a monostable valve and being switchable (fig 2 and [0054] switchable 3/2 way valve 45) in an event of a fault in order, based on the failure supply pressure (fig 2, pVAR/70), to deliver the first redundancy brake pressure (fig 2, pVAR/70) at the first redundancy brake-pressure port (6, at least [0045]) or at least a first redundancy control pressure at the first redundancy control port.
Regarding claim 2, Van Thiel discloses a second compressed-air reservoir (5); and, a spring brake cylinder ([0002] at least the front or rear service brake); and, wherein the failure supply pressure (pVAR/70) originates from said first compressed-air reservoir (3), said second compressed-air reservoir (5) or said spring brake cylinder (at least fig 2).
Regarding claim 3, Van Thiel discloses wherein said first failure brake valve is a 3/2-way valve (fig 2 and [0054] switchable 3/2 way valve 45) having a first failure brake-valve port (45.1) receiving said failure supply pressure (fig 2, pVAR), a second failure brake-valve port (45.2) delivering said first redundancy brake pressure or said first redundancy control pressure, and a third failure brake-valve port (45.3) connected to a vent ([0065] at 69); and, in a non-activated switch position (fig 2, [0065], preferably in the open switching position shown in FIG. 2 in the pressure-less state) , the first failure brake-valve port (45.1) is connected to said second failure brake-valve port (45.2) and, in an activated switch position, said second failure brake-valve port (45.2) is connected to said third failure brake-valve port (45.3), fig 2, [0065]).
Regarding claim 4, Van Thiel discloses a pressure limiter (fig 2, 31) upstream of said failure supply port (4) or said electropneumatic assembly having a pressure limiter (fig 2, 31) for limiting the pressure received at the failure supply port (4).
Regarding claim 14, Van Thiel discloses an electronically controllable pneumatic braking system (figs 1 and 2) for a vehicle including a commercial vehicle (Abstract, at least a utility vehicle); the electronically controllable pneumatic brake system comprising: a front axle modulator (10, Ch1/6) for providing a front-axle service-brake pressure (pVA/pVAR) at a first front-axle service-brake actuator (SB) and at a second front-axle service-brake actuator on a front axle of the vehicle (fig 2, [0041] SB); a rear-axle modulator (12, Ch2/8) for providing a rear-axle service-brake pressure (pHA) at least at a first rear-axle service-brake actuator and at a second rear-axle service-brake actuator on a rear axle of the vehicle (fig 2, [0041] SB); and, an electropneumatic assembly including: a first compressed-air reservoir (3); a reservoir port (2) for receiving a reservoir pressure (pV1) from said first compressed-air reservoir (fig 2); a first redundancy brake-pressure port (6) for providing a first redundancy brake pressure (pVAR) for at least one of the following: a first axle of the vehicle (at least a front axle, [0042]) and a first axle of a trailer of the vehicle; a failure supply port (4/5) for providing a failure supply pressure (fig 2 and at least [0045], pVAR/70) limited with respect to and lower than the reservoir pressure (pV1); and, a failure safety-valve arrangement (14) connected to the failure supply port (4/5) and the redundancy brake-pressure port (6) ([at least 0045]), or at least to a first redundancy control port, and having a first failure brake valve (45) realized as a monostable valve and being switchable (fig 2 and [0054] switchable 3/2 way valve 45) in an event of a fault in order, based on the failure supply pressure (fig 2, pVAR/70), to deliver the first redundancy brake pressure (fig 2, pVAR/70) at the first redundancy brake-pressure port (6, at least [0045]) or at least a first redundancy control pressure at the first redundancy control port; wherein said first redundancy brake-pressure port (6) is connected to at least one of the following: i) a front-axle redundancy port (6) of the front-axle modulator; and, ii) to a rear-axle redundancy port (8) of said rear-axle modulator to cause redundant delivery of the front-axle service-brake pressure and rear-axle service-brake pressure, respectively (at least [0045]).
Regarding claim 15, Van Thiel discloses a central control unit (fig 2, ECU) providing front-axle brake signals (S1/S2) at said front axle modulator to cause electronic delivery of said front-axle service-brake pressure and providing rear-axle brake signals (S3/S4) at said rear-axle modulator to cause electronic delivery of said rear-axle service-brake pressure, wherein said central control unit (ECU) operates said first failure brake valve (45, [0065], wherein the electrical control unit ECU for the front axle valve assembly 10 or alternatively the rear axle valve assembly 12 fails, the front axle venting main valve 45 is opened).
Regarding claim 20, Van Thiel discloses a method for controlling an electronically controllable pneumatic braking system which includes a front axle modulator (10, Ch1/6) for providing a front-axle service-brake pressure (pVA/pVAR) at a first front-axle service-brake actuator (SB) and at a second front-axle service-brake actuator on a front axle of the vehicle (fig 2, [0041] SB); a rear-axle modulator (12, Ch2/8) for providing a rear-axle service-brake pressure (pHA) at least at a first rear-axle service-brake actuator and at a second rear-axle service-brake actuator on a rear axle of the vehicle (fig 2, [0041] SB); and, an electropneumatic assembly including: a first compressed-air reservoir (3); a reservoir port (2) for receiving a reservoir pressure (pV1) from said first compressed-air reservoir (fig 2); a first redundancy brake-pressure port (6) for providing a first redundancy brake pressure (pVAR) for at least one of the following: a first axle of the vehicle (at least a front axle, [0042]) and a first axle of a trailer of the vehicle; a failure supply port (4/5) for providing a failure supply pressure (fig 2 and at least [0045], pVAR/70) limited with respect to and lower than the reservoir pressure (pV1); and, a failure safety-valve arrangement (14) connected to the failure supply port (4/5) and the redundancy brake-pressure port (6) ([at least 0045]), or at least to a first redundancy control port, and having a first failure brake valve (45) realized as a monostable valve and being switchable (fig 2 and [0054] switchable 3/2 way valve 45) in an event of a fault in order, based on the failure supply pressure (fig 2, pVAR/70), to deliver the first redundancy brake pressure (fig 2, pVAR/70) at the first redundancy brake-pressure port (6, at least [0045]) or at least a first redundancy control pressure at the first redundancy control port; wherein said first redundancy brake-pressure port (6) is connected to at least one of the following: i) a front-axle redundancy port (6) of the front-axle modulator; and, ii) to a rear-axle redundancy port (8) of said rear-axle modulator to cause redundant delivery of the front-axle service-brake pressure and rear-axle service-brake pressure, respectively (at least [0045]); the method comprising: providing a reservoir pressure (pV1) at a reservoir port (2) of an electropneumatic assembly (figs 1-2); providing, at a failure supply port (4/5) of the electropneumatic assembly, at least while the vehicle is moving, a failure supply pressure (pVAR/70) limited with respect to and lower than the reservoir pressure (pV1); and, locking out the failure supply pressure when the electronically controllable pneumatic braking system is in a fault-free state ([0013] or [0015] wherein the electro-pneumatic redundancy valve serves to lock out the first redundancy pressure in normal operation).
Regarding claim 21, Van Thiel discloses in the event of a fault of the electronically controllable braking system, the method includes the steps of: de-energizing a first failure brake valve (45) of the electropneumatic assembly; and, passing the failure supply pressure (pVAR) through the first failure brake valve to activate redundant braking of the vehicle via front-axle service-brake actuators and/or rear-axle service-brake actuators (at least [0065]).
Regarding claim 22, Van Thiel discloses vehicle including a commercial vehicle, the vehicle comprising: a front axle; a first rear axle and an electronically controllable pneumatic braking system (Abstract, and at least figs 1-2); the electronically controllable pneumatic braking system including: a front axle modulator (Ch1, 6) for providing a front-axle service-brake pressure (pVA/pVAR) at a first front-axle service-brake actuator (SB) and at a second front-axle service-brake actuator on a front axle of the vehicle (fig 2, [0041] SB); a rear-axle modulator (Ch2/8) for providing a rear-axle service-brake pressure (pHA) at least at a first rear-axle service-brake actuator and at a second rear-axle service-brake actuator on a rear axle of the vehicle (fig 2, [0041] SB); and, an electropneumatic assembly including: a first compressed-air reservoir (3); a reservoir port (2) for receiving a reservoir pressure (pV1) from said first compressed-air reservoir (fig 2); a first redundancy brake-pressure port (6) for providing a first redundancy brake pressure (pVAR) for at least one of the following: a first axle of the vehicle (at least a front axle, [0042]) and a first axle of a trailer of the vehicle; a failure supply port (4/5) for providing a failure supply pressure (fig 2 and at least [0045], pVAR/70) limited with respect to and lower than the reservoir pressure (pV1); and, a failure safety-valve arrangement (14) connected to the failure supply port (4/5) and the redundancy brake-pressure port (6) ([at least 0045]), or at least to a first redundancy control port, and having a first failure brake valve (45) realized as a monostable valve and being switchable (fig 2 and [0054] switchable 3/2 way valve 45) in an event of a fault in order, based on the failure supply pressure (fig 2, pVAR/70), to deliver the first redundancy brake pressure (fig 2, pVAR/70) at the first redundancy brake-pressure port (6, at least [0045]) or at least a first redundancy control pressure at the first redundancy control port; wherein said first redundancy brake-pressure port (6) is connected to at least one of the following: i) a front-axle redundancy port (6) of the front-axle modulator; and, ii) to a rear-axle redundancy port (8) of said rear-axle modulator to cause redundant delivery of the front-axle service-brake pressure and rear-axle service-brake pressure, respectively (at least [0045]); said electronically controllable pneumatic braking system being configured to execute a method for controlling said electronically controllable pneumatic braking system with the method steps of: providing, at a failure supply port (4/5) of the electropneumatic assembly, at least while the vehicle is moving, a failure supply pressure (pVAR/70) limited with respect to and lower than the reservoir pressure (pV1); and, locking out the failure supply pressure when the electronically controllable pneumatic braking system is in a fault-free state ([0013] or [0015] wherein the electro-pneumatic redundancy valve serves to lock out the first redundancy pressure in normal operation).
Allowable Subject Matter
Claims 5-13 and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/JAMES K HSIAO/ Examiner, Art Unit 3616