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 pages 7-9, with respect to the rejection(s) of claim(s) 1-9 and 12 under 35 U.S.C. 112(b) have been fully considered but they are not persuasive. Applicant argues that the corresponding structure of the claim 1 features of “traveling environment estimation unit” and “timing calculation unit,” interpreted under 35 U.S.C. 112(f), would be understood by one skilled in the art. Applicant points to paragraphs 0052 and 0068 of the specification which merely restate the functions of the elements as estimating a traveling environment from the behavior of a first wheel and calculating a braking start timing based on vehicle speed, response delays of the braking elements and a roughness arrival time. However, Applicant fails to provide a sufficient showing that the specification implicitly or inherently discloses structure to perform the claimed functions. Accordingly, the rejection(s) of claim(s) 1-9 under 35 U.S.C. 112(b) is being maintained.
Claim 9 has been amended to clarify treatment of the braking wheel of claim 9 in relation to the braking wheel recited in claim 1. Accordingly, the basis for the rejection cited on page 7 of the Office action dated 11/20/2025 is not relied upon in the current ground(s) of rejection.
Claim 12 has been amended to clarify “a braking wheel” is either a second braking wheel or the braking wheel of claim 10. Accordingly, the rejection of claim 12 under 35 U.S.C. 112(b) has been withdrawn.
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 1-9 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 claims 1-9, has been amended to recite the limitation "the step (e)" in line 25. There is insufficient antecedent basis for this limitation in the claim. Claim 1 is directed to a product in the form of a “brake control device” and does not include a prior step (e), thus it is unclear what braking forces are being added together. For the purposes of examination, claim 1 is being interpreted such that it recites a prior step of calculating a braking force to be applied to the first wheel or the second wheel when either wheel arrives at the step or roughness. Claims 2-9 are rejected as depending from a rejected claim.
Additionally claim limitations “traveling environment estimation unit” and “timing calculation unit” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The traveling environment estimation unit and the timing calculation unit appear in the specification as a roughness estimation unit 51 and timing calculation unit 56 [see specification paragraph 0068]. However, the specification is silent on any structure of these units and they appear in the drawings only as functional blocks [see drawings Figure 5]. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Allowable Subject Matter
Claims 10 and 12 are allowed.
Claims 1-9 would be allowable if rewritten or amended 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.
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 JOSHUA CAMPBELL whose telephone number is (571) 272-8215. The examiner
can normally be reached on Monday - Friday 9:00 AM – 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
Lindsay M. Low can be reached on (571) 272-1196. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/JOSHUA CAMPBELL/
Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747