DETAILED ACTION
The following is a first action on the merits of application serial no. 18/654358 filed 5/3/2024.
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.
Information Disclosure Statement
The information disclosure statements filed 5/3/24 and 3/6/25 have been considered.
Claim Objections
Claim 11 is objected to because of the following informalities:
-Claim 11 recites the limitation “wherein the first controlled port is connected to a first brake cylinder via a first ABS valve, wherein the second controlled port is connected to a first brake cylinder via a second ABS valve,….” in lines 18-21. The second occurrence of “a first brake cylinder” should be changed to “a second brake cylinder” as described on page 8, lines 16-18 in specification.
Appropriate correction is required.
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 1-12 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.
-Claims 1, 5-9 and 11 use the term “or” within multiple recitations, i.e., “a processor unit, which is adapted to control and/or influence brake pressures” in claim 1 and “wherein the first brake control valve, the second brake control valve and/or the third brake control valve each include a relay valve.” in claim 5. It is unclear as to why the term is being used outside of attempting to cover different embodiments wherein the components as recited seem to be a part of the same embodiment, please clarify or amend accordingly.
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) 1-6, 8 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lulfing et al 10093293 (IDS cited art).
Note: the use of the term “or” indicates that the limitations preceding or following the term doesn’t need to be met entirely and the recitations are in the form of “alternative” embodiments.
As to claim 1, Lulfing discloses a brake control module, comprising: a first brake control valve (15), an output of which is connected to at least one controlled port (6a or 6b); a second brake control valve (15a), an output of which is connected to a third controlled port (6c); a third brake control valve (16a), an output of which is connected to a fourth controlled port (6d); a processor unit (2), which is adapted to control and/or influence brake pressures; at least one control port (via 9 or 10), which is adapted to activate at least one of the brake control valves; wherein the first brake control valve is connected to at least one first compressed air supply port (4), and the second brake control valve and the third brake control valve are connected to at least one second compressed air supply port (5).
As to claim 2, wherein the output of the first brake control valve has a first controlled port (6a) and a second controlled port (6b).
As to claim 3, wherein the first brake control valve is connected to a first control port (via 9), and the second brake control valve and the third brake control valve are connected to a second control port (via 10).
As to claim 4, wherein all the components of the brake control module are housed in one housing (as shown in Figure 2).
As to claim 5, wherein the first brake control valve, the second brake control valve and/or the third brake control valve each include a relay valve (18, 18a).
As to claim 6, wherein: the first controlled port is adapted to be connected to a first brake cylinder (7a), which is to the left on the front axle of a vehicle, and/or the second controlled port is adapted to be connected to a second brake cylinder (7b), which is to the right on the front axle of a vehicle, and/or the third controlled port is adapted to be connected to a third brake cylinder (7c), which is to the left on the rear axle of a vehicle, and/or the fourth controlled port is adapted to be connected to a fourth brake cylinder (7d), which is to the right on the rear axle of a vehicle.
As to claim 8, wherein the first brake control valve has a first electrically actuated pilot valve assembly, and/or the second brake control valve has a second electrically actuated pilot valve assembly, and/or the third brake control valve has a third electrically actuated pilot valve assembly (column 6, lines 55-58, column 7, lines 25-28).
As to claim 11, Lulfing discloses a braking system, comprising: a brake control module, including: a first brake control valve (15), an output of which is connected to at least one controlled port (6a or 6b); a second brake control valve (15a), an output of which is connected to a third controlled port (6c); a third brake control valve (16a), an output of which is connected to a fourth controlled port (6d); a processor unit (2), which is adapted to control and/or influence brake pressures; at least one control port (via 9 or 10), which is adapted to activate at least one of the brake control valves; wherein the first brake control valve is connected to at least one first compressed air supply port (4), and the second brake control valve and the third brake control valve are connected to at least one second compressed air supply port (5), wherein at least one control port is connected to a foot brake module (3), wherein the first controlled port is connected to a first brake cylinder (7a) via a first ABS valve (column 6, lines 4-8 describe that anti-lock brake systems can be used with the brake cylinders), wherein the second controlled port is connected to a first brake cylinder (7b, should be second brake cylinder) via a second ABS valve (column 6, lines 4-8 describe that anti-lock brake systems can be used with the brake cylinders), wherein the third controlled port is connected to a third brake cylinder (7c), wherein the fourth controlled port is connected to a fourth brake cylinder (7d), wherein the first brake cylinder and the second brake cylinder are assigned to a front axle of a vehicle (9), and wherein the third brake cylinder and the fourth brake cylinder are assigned to a rear axle (10) of a vehicle.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lulfing in view of Ziegler et al 7284802. Lulfing discloses a brake control module having a fifth and sixth wheel (6c and 6d both have at least two wheels). However, Lulfing doesn’t disclose additional ports and cylinders connected to those wheels as recited.
Ziegler discloses a brake control module and shows that it is well known in the art to provide a fifth controlled port (5 left rear), which is connected to the output of a second brake control valve (9), wherein the fifth controlled port is adapted to be connected to a further brake cylinder (7 left rear at 5), which is to the left on a further rear axle of a vehicle, and/or a sixth controlled port (5 right rear), which is connected to the output of the third brake control valve (9), wherein the sixth controlled port is adapted to be connected to a further brake cylinder (7 right rear at 5), which is to the right on a further rear axle of a vehicle.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide Lulfing with additional brake cylinders for separate wheel ports in view of Ziegler to provide direct pressure control of individual wheels which increase operating efficiency of brake control during potential failure of system components.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lulfing in view of Ziegler et al 7284802 and Bruehmann et al 6089831. Lulfing discloses multiple brake valves and pressure sensors, but doesn’t disclose the sensors being at the brake control valves or the module itself having a yaw and/or acceleration sensor.
Bruehmann discloses a brake control module and shows that it is well known in the art to provide a first pressure sensor (54.1), which is adapted to measure the pressure modulated by the first brake control valve (66.1), is at the first brake control valve, and/or wherein a second pressure sensor (54.2), which is adapted to measure the pressure modulated by the second brake control valve (66.2), is at the second brake control valve, and/or wherein a third pressure sensor (54.3), which is adapted to measure the pressure modulated by the third brake control valve (66.3), is at the third brake control valve.
Ziegler discloses a brake control module and shows that it is well known in the art to have at least one yaw rate sensor and/or acceleration sensor in the brake control module (column 6, lines 51-52).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the brake control valves in Lulfing with pressure sensors in view of Bruehmann to enhance brake safety and performance by providing precise measurements of brake pressure which allows for better control and responsiveness during braking.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the brake control module in Lulfing with yaw rate and/or acceleration sensors in view of Ziegler to enhance stability safety and performance of vehicle during braking on low or high friction road surfaces.
Allowable Subject Matter
Claims 10 and 12 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-(as to claim 10 in combination with claim 1 exactly as written)…... a third compressed air supply port, wherein the first compressed air supply port and the third compressed air supply port are connected to the first brake control valve via a pressure selection valve.
-(as to claim 12 in combination with claim 1 exactly as written)….. a third compressed air supply port, wherein the first compressed air supply port and the third compressed air supply port are connected to the first brake control valve via a pressure selection valve, and wherein the pressure selection valve includes a select-high valve, which connects to the first brake control valve the compressed air supply port at which there is a higher pressure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Koelzer discloses a brake control module and shows that it is well known in the art to provide individual sensors per each brake control valve (Figure 5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 May 30, 2026
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