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 Applicant Arguments, filed 20th August 2026, with respect to the rejections of claims 1-14 under 35 U.S.C. 102 and 103 have been fully considered and are partially persuasive. Applicant argues “Urso fails to describe or otherwise render obvious “the decelerator and the pneumatic cylinder are disposed parallel to each to each other and configured to move along a straight line defining a same operational direction of the decorator and the pneumatic cylinder”. While it is agreed Urso (US 20240166185 A1) does not disclose the pneumatic cylinder and decelerator as parallel, Urso discloses the reducer (decelerator) being a screw drive (configured to move along a straight line defining an operational direction) (see [0040]). Additionally, Applicant argues “The other cited references fail to remedy the deficiencies of Urso discussed above”, this is not persuasive. Prior art of record Fujimoto (US 20200317179 A1) teaches a motor (26) in parallel with a pneumatic cylinder (44) thereby defining a same operational direction (see Fig. 8, [0134]). Considering the combination of prior art Fujimoto and Urso one of ordinary skill in the art would be motivated to create a brake system with a decelerator (connected to a motor) parallel with a pneumatic cylinder. New grounds of rejection, necessitated by amendment, are made as seen below.
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.
Claim 14 is 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 14, the limitation “wherein the motor and the pneumatic cylinder are disposed parallel to each other and configured to move in a straight line” is recited. It is not understood how the motor, as disclosed in the application, can be configured to move in a straight line. For purposes for of examination, as the decelerator is claimed as “configured to move linearly based on receiving a rotation movement of the motor”, the decelerator will be interpreted as being required to move along the straight line instead of the motor.
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 1-7, 9-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over by Urso et. al. (US 20240166185 A1) in view of Kim (US 20180370515 A1) and further in view of Fujimoto et. al. (US 20200317179 A1).
Regarding Claim 1, Urso discloses a vehicular brake-by-wire system comprising: a brake pedal (6) configured to generate a brake signal (17); a pneumatic valve switch (28) configured to operate based on pneumatic pressure in a pneumatic tank (34); a brake force generation module (11) configured (i) to generate brake hydraulic pressure based on receiving the brake signal of the brake pedal (see Fig. 1A; 17) or (ii) to generate the brake hydraulic pressure using the pneumatic pressure based on an operation of the pneumatic valve switch (see Fig. 1A; 47); a controller (18, 19) configured to control operation of the brake force generation module (11) based on the brake signal of the brake pedal (see Fig. 1A; 12, 17); a front-wheel brake (8) configured to operate to generate a front brake force based on receiving the brake hydraulic pressure of the brake force generation module (11); and a rear-wheel brake (8) (see Fig. 8, [0129], [0134]) configured to operate to generate a rear brake force based on receiving the brake hydraulic pressure of the brake force generation module (11) (see Fig. 1A, Fig. 3), wherein the brake force generation module comprises: a first module (56) configured to generate the brake hydraulic pressure for the front-wheel brake (8), and a second module (56') configured to generate the brake hydraulic pressure for the rear-wheel brake (8') (see Fig. 8), wherein each of the first module (56) and the second module (56') comprises: a motor (12) configured to operate by control of the controller (18, 19) based on the brake pedal (6, 17) being operated, a decelerator configured to move linearly based on receiving a rotational movement of the motor (12) to thereby generate a thrust force (see [0040]), a first master cylinder (11) configured to generate hydraulic pressure based on a linear movement of the decelerator (see Fig. 4, [0040]).
Urso does not disclose a second master cylinder configured to transfer or generate the brake hydraulic pressure based on receiving the hydraulic pressure of the first master cylinder, and a pneumatic cylinder connected to the second master cylinder and configured to operate by receiving the pneumatic pressure based on the pneumatic valve switch being operated, and wherein the decelerator and the pneumatic cylinder are disposed parallel to each other and configured to move along a straight line defining a same operational direction of the decelerator and the pneumatic cylinder.
Kim teaches a second master cylinder (50) configured to transfer or generate the brake hydraulic pressure based on receiving the hydraulic pressure of the first master cylinder (20) (see Fig. 1, [0013], [0028]).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of a second master cylinder of Kim with the vehicular brake-by-wire system of Urso in order to further improve pedal feel of the brake-by-wire system at a reduced cost (see US 20180370515 A1 [Kim]; [0007-0010]).
Urso modified by Kim does not teach a pneumatic cylinder connected to the second master cylinder and configured to operate by receiving the pneumatic pressure based on the pneumatic valve switch being operated, and wherein the decelerator and the pneumatic cylinder are disposed parallel to each other and configured to move along a straight line defining a same operational direction of the decelerator and the pneumatic cylinder.
Fujimoto teaches a pneumatic cylinder (44) connected to a master cylinder (32) and configured to operate by receiving the pneumatic pressure based on a pneumatic valve switch (45) being operated, and wherein a motor (26) and the pneumatic cylinder (44) are disposed parallel to each other and configured to move along a straight line defining a same operational direction of the motors force and the pneumatic cylinder (44) (see Fig. 5, Fig. 7, Fig. 8, [0134]).
It would have been obvious, to one of ordinary skill in the art before the effective filling date of the claimed invention, to combine the teaching of a pneumatic cylinder and its assembly of Fujimoto with the vehicular brake-by-wire of Urso modified by Kim in order to provide emergency hydraulic pressure generation in case of primary system failures, improving vehicle safety (see US 20200317179 A1 [Fujimoto]; [0088], [0060]). It should be noted that while Fujimoto does not explicitly teach a decelerator in parallel with the pneumatic cylinder, as claimed in amended Claim 1, in combination with Urso one of ordinary skill in the art would understand the decelerator is linearly attached to the motor such that it would also be parallel to the pneumatic cylinder and meet the claimed limitations. Further claiming/specifying of the structure of the invention would be looked upon favorably in further examination.
Regarding Claim 2, Urso modified by Kim and Fujimoto teaches wherein the first module (56) and the second module (56’) have the same configuration (see US 20240166185 A1 [Urso]; Fig. 8, [0134]).
Regarding Claim 3, Urso modified by Kim and Fujimoto teaches Urso discloses wherein the controller (19) is configured to control operation of the first module (56) and operation of the second module (56') simultaneously or individually (see US 20240166185 A1 [Urso]; Fig. 8, [0047]).
Regarding Claim 4, Urso modified by Kim and Fujimoto teaches wherein the first module (56) and the second module (56') are configured to operate simultaneously or independently of each other based on the pneumatic valve switch (28) being operated (see US 20240166185 A1 [Urso]; Fig. 1A, Fig. 3, Fig. 8).
Regarding Claim 5, Urso modified by Kim and Fujimoto teaches wherein the controller (19) comprises: a first control unit (19) configured to receive a stroke signal of the brake pedal (19); and second (18) and third (18') control units configured to control operation of the first module (56) and operation of the second module (56'), respectively, based on receiving a signal of the first control unit (19) (see US 20240166185 A1 [Urso]; Fig. 4, Fig. 8, [0134], [0047]).
Regarding Claim 6, Urso modified by Kim and Fujimoto teaches wherein the front-wheel brake (8) comprises a front-wheel left-side brake and a front-wheel right-side brake (see Fig. 8), wherein the rear-wheel brake (8') comprises a rear-wheel left-side brake and a rear-wheel right-side brake (see Fig. 8), wherein each of the first module (56) and the second module (56') further comprises a manifold (51) configured to distribute the brake hydraulic pressure of the second master cylinder to the front-wheel left-side brake (8), the front-wheel right-side brake (8), the rear-wheel left-side brake (8'), and the rear-wheel right-side brake (8') (see US 20240166185 A1 [Urso]; Fig. 3, Fig. 4, Fig. 8, [0134]).
Regarding Claim 7, Urso modified by Kim and Fujimoto teaches wherein each of the first module (56) and the second module (56’) (see US 20240166185 A1 [Urso]; Fig. 1A, Fig. 3, Fig. 8) is configured to generate the brake hydraulic pressure based on receiving an operation force of the pneumatic cylinder (44) (see US 20200317179 A1 [Fujimoto]; Fig. 5, [0096]) and to distribute the brake hydraulic pressure to the manifold (51) (see US 20240166185 A1 [Urso]; Fig. 1A, Fig. 3, Fig. 8).
Regarding Claim 9, Urso modified by Kim and Fujimoto teaches the vehicular brake-by wire system further comprising: a pneumatic pressure line that connects the pneumatic tank (34), the pneumatic valve switch (28), and the pneumatic cylinder (41) are connected to one another (see US 20240166185 A1 [Urso]; Fig. 1A, Fig. 3); and a solenoid valve (28) disposed at the pneumatic pressure line and configured to operate to transfer the pneumatic pressure to the pneumatic cylinder (41) of the first module (56) and the pneumatic cylinder (41) of the second module (56') (see US 20240166185 A1 [Urso]; Fig. 1, Fig. 4, Fig. 8, [0134]).
Regarding Claim 10, Urso modified by Kim and Fujimoto teaches wherein the solenoid valve (28) comprises a two-port, two-position valve, and wherein the first module (56) and the second module (56') are configured operate independently of each other based on the pneumatic valve switch (28) being operated (see US 20240166185 A1 [Urso]; Fig. 1A, Fig. 3, Fig. 4, Fig. 8).
Regarding Claim 11, Urso modified by Kim and Fujimoto teaches wherein one of the motor (12) or the pneumatic cylinder (41) is configured to operate while the other one of the motor (12) or the pneumatic cylinder (41) stops operating, or wherein both of the motor (12) and the pneumatic cylinder (41) are configured to operate simultaneously (see US 20240166185 A1 [Urso]; Fig. 1A, Fig. 3, Fig. 4).
Regarding Claim 13, Urso modified by Kim and Fujimoto teaches wherein the controller further comprises: a front control unit (54) configured to transfer a signal between the first control unit (19) and the second control unit (18); and a rear control unit (54') configured to transfer a signal between the first control unit (19) and the third control unit (18') (see US 20240166185 A1 [Urso]; Fig. 4, Fig. 8).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over by Urso et. al. (US 20240166185 A1) as modified by Kim (US 20180370515 A1) and Fujimoto et. al. (US 20200317179 A1) as applied to Claim 1 above, further in view of Duan et. al. (CN 106043261 A).
Regarding Claim 12, Urso modified by Kim and Fujimoto teaches the vehicular brake-by-wire system of Claim 1 and a “gas loading socket” 46 connected to the pneumatic tank 34, which is designed for a tool like a compressor to plug into in order to supply compressed air (see US 20240166185 A1 [Urso]; Fig. 1A, [0103].
Urso modified by Kim and Fujimoto does not explicitly disclose the system further comprising: a compressor connected to the pneumatic tank and configured to generate air pressure by compressing air.
Duan teaches a combined hydraulic and pneumatic braking system wherein a compressor (2) is configured to generate air pressure by compressing air (see Fig. 1).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the compressor of Duan with the vehicular brake-by-wire system of Urso modified by Kim and Fujimoto in order to recharge the pneumatic tank after expending air in a simple manner (see CN 106043261 A [Duan]; [0010]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over by Urso et. al. (US 20240166185 A1) in view of Fujimoto et. al. (US 20200317179 A1).
Regarding Claim 14, Urso discloses a vehicular brake-by-wire system comprising: a motor (12) configured to operate based on control of a controller (18, 19) in response to an operation of a brake pedal (6) by a user; a master cylinder (11) configured to operate based on receiving a motive power of the motor (12) to thereby generate hydraulic pressure; a pneumatic valve switch (28); and a pneumatic cylinder (41) configured to operate based on pneumatic pressure based on an operation of the pneumatic valve switch (28), and a decelerator connected to the motor (12) and configured to move linearly based on receiving a rotational movement of the motor (see Fig. 1A, [0040]) wherein the master cylinder (11) is configured to operate based on the pneumatic cylinder (41) being operated, and wherein the pneumatic valve switch (28) is configured to, in a state in which a trouble with the motor, a failure in the controller (18, 19), or a communication interruption occurs, to thereby operate the pneumatic cylinder (41) and the master cylinder (11) and provide the hydraulic pressure generated by the master cylinder (11) to a front wheel brake (8) and a rear wheel brake (8') (see Fig. 1A, Fig. 3, Fig. 4, Fig. 8).
Urso does not disclose wherein the pneumatic valve switch is configured to be operated by the user and wherein the motor and the pneumatic cylinder are disposed parallel to each other and configured to move in a straight line defining a same operational direction of the decelerator and the pneumatic cylinder.
Fujimoto teaches wherein the pneumatic valve switch (45) is configured to be operated by a user (see Fig. 5, [0050], [0102]) and wherein the motor (26) and the pneumatic cylinder (44) are disposed parallel to each other and configured to move in a straight line defining a same operational direction of the motor actuation and the pneumatic cylinder (see Fig. 5, Fig. 7, Fig. 8, [0134]).
It would have been obvious, to one of ordinary skill in the art before the effective filling date of the claimed invention, to combine the teaching of a pneumatic cylinder and its assembly of Fujimoto with the vehicular brake-by-wire of Urso in order to provide emergency hydraulic pressure generation in case of primary system failures, improving vehicle safety (see US 20200317179 A1 [Fujimoto]; [0088], [0060]). It should be noted that while Fujimoto does not explicitly teach a decelerator in parallel with the pneumatic cylinder, as claimed in amended Claim 1, in combination with Urso one of ordinary skill in the art would understand the decelerator is linearly attached to the motor such that it would also be parallel to the pneumatic cylinder and meet the claimed limitations.
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.
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/S.W.I./
Examiner, Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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