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 23-25 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.
Claim 23 recites the limitation "the electric machine" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the electric machine" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the electric machine" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 14-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,360,532 to Nishino et al.
Re-claim 14, Nishino et al. disclose a brake control device for a vehicle, comprising: a control device 3/5, which is connected to a brake booster device 20, and to an electric machine of the vehicle (such as a regenerative brake, see column 5 lines 9-14), and to a driving stability system of the vehicle (pressure control unit 6, see column 5 lines 52-55); a pedal sensor device 8 is connected to the control device and determines a pressing of a brake pedal in the vehicle (see column 2 lines 56-65); the control device is configured to: infer, from the pressing of the brake pedal, a braking request by a driver (see column 3 lines 16-20), identify an operational failure or an operational error of the brake booster device (see at least column 8 lines 1-17, unit 5 is capable of determining a failure of at least motor voltage resulting in a failed operation of the booster); and control, based on identifying an operational failure or an operational fault of the brake booster device after and/or upon a braking request, a braking action using the driving stability system. Column 9 lines 18-52 and figure 4 describe operation of the wheel pressure control unit 6 by control device 5 when it is determined a failure has occurred, this control may also include control of the regenerative brake carried out during a blend or cooperative brake control process, as is known in the art and disclosed in column 5 lines 9-14.
Re-claims 15-17, 23 and 24, control device 5 is capable of carrying out a cooperative brake control process involving the electric machine (i.e. regenerative brake motor) upon detection of the booster fault. The required total brake force that is requested by the driver and determined by units 3 and 5 (from sensor 8) is forwarded to the driving stability system (i.e. hydraulic unit 6) and the regenerative brake (i.e. electric machine).
Re-claim 18, the brake control device 5 is connected to a control device 6 for a hydraulic braking action, a command for a braking action can be controlled by the driving stability system for the hydraulic braking action.
Re-claim 19, the pedal sensor device 8 is connected to the driving stability system (unit 5/6 via communication line in figure 1) and to the brake booster device, the braking request of the driver can be identified by the control device using the pedal sensor device at the driving stability system and/or at the brake booster device and the generation of a regenerative braking torque can thereby be controlled. The requested brake force is determined by sensor 8, which is then transmitted to units 3 and 5. Unit 5 will use the information for either hydraulic pressure control or a cooperative brake control involving hydraulic pressure and regenerative brake.
Re-claims 20 and 25, the pedal sensor device 8 identifies the pressing a position of the brake pedal 100, the control device 5 is configured to infer, from the pressing and/or the position of the brake pedal, an extent of a braking request and to generate the braking at least partially on the electric machine (see cooperative control, column 5 lines 9-14).
Re-claim 21, Nishino et al. disclose a method for operating a brake control device for a vehicle to control a braking action of the vehicle, comprising the following steps: identifying a need to carry out a braking action with a brake control device (as sensed by sensor 8), a pressing of a brake pedal 100 in the vehicle is identified by a pedal sensor device 8 and a presence of a braking request by a driver is deduced; identifying an operational failure or an operational fault of the brake booster device (see at least column 8 lines 1-17, unit 5 is capable of determining a failure of at least motor voltage resulting in a failed operation of the booster); and generating a braking torque and/or carrying out a braking action on and/or by a driving stability system 6 on the vehicle in the event of and/or after an identified operational failure or an operational error of the brake booster device.
Re-claim 22, a necessary value of a total braking torque is determined and a regenerative braking torque is requested from an electric machine and generated, and a braking torque is requested from the driving stability system at a braking device and generated, so that a sufficient total braking torque that satisfies a preset value is generated (see cooperative brake control, column 5 lines 9-14).
Re-claim 26, as disclosed in column 5 lines 9-14, a cooperative brake control involving hydraulic pressure and regenerative braking is carried out when necessary or possible.
Claim(s) 14-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0135258 A1 to Chuang et al.
Re-claim 14, Chuang et al. disclose a brake control device for a vehicle, comprising: a control device 104, which is connected to a brake booster device 111 (see figure 1 and paragraph 21), and to an electric machine of the vehicle 108, and to a driving stability system 110 of the vehicle (see paragraph 24 and “cause a caliper to open and close with respect to a brake rotor”, interpreted as stability control); a pedal sensor device (see paragraph 24, an electric signal is generated by the pedal) is connected to the control device and determines a pressing of a brake pedal in the vehicle (see column 2 lines 56-65); the control device is configured to: infer, from the pressing of the brake pedal, a braking request 304 by a driver, identify an operational failure or an operational error of the brake booster device (see at least paragraph 28); and control, based on identifying an operational failure or an operational fault of the brake booster device after and/or upon a braking request, a braking action using the driving stability system. See paragraph 28 and figures 2-4.
Re-claims 15-17, 23 and 24, control device 5 is capable of carrying out a cooperative brake control process involving the electric machine (i.e. regenerative brake motor) upon detection of the booster fault. See at least paragraphs 28-32.
Re-claim 18, the brake control device 104 is connected to a control device 110 for a hydraulic braking action (see paragraph 21), a command for a braking action can be controlled by the driving stability system for the hydraulic braking action.
Re-claim 19, the pedal sensor device is connected to the driving stability system (see figure 1) and to the brake booster device 111, the braking request of the driver is identified by the control device using the pedal sensor device at the driving stability system and/or at the brake booster device and the generation of a regenerative braking torque is controlled. Figure 1 shows the control layout and paragraph 17.
Re-claims 20 and 25, the pedal sensor device identifies the pressing a position of the brake pedal 128, the control device 104 is configured to infer, from the pressing and/or the position of the brake pedal, an extent of a braking request and to generate the braking at least partially on the electric machine (see paragraph 24).
Re-claim 21, Chuang et al. disclose a method for operating a brake control device for a vehicle to control a braking action of the vehicle, comprising the following steps: identifying a need to carry out a braking action with a brake control device, a pressing of a brake pedal 128 in the vehicle is identified by a pedal sensor device (see paragraph 24 and request 304) and a presence of a braking request by a driver is deduced; identifying an operational failure or an operational fault of the brake booster device (see at least paragraphs 28-29); and generating a braking torque and/or carrying out a braking action on and/or by a driving stability system on the vehicle in the event of and/or after an identified operational failure or an operational error of the brake booster device (paragraph 29).
Re-claim 22, a necessary value of a total braking torque is determined and a regenerative braking torque is requested from an electric machine and generated, and a braking torque is requested from the driving stability system at a braking device and generated, so that a sufficient total braking torque that satisfies a preset value is generated (see paragraph 29).
Re-claim 26, as disclosed in paragraphs 29-31, a cooperative brake control involving hydraulic pressure and regenerative braking is carried out when necessary or possible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shimizu, Takeda and Leiber each teach a brake control device responsive to brake failure or booster failure.
Any inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
February 25, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616