CTNF 18/681,008 CTNF 69762 DETAILED ACTION Information Disclosure Statement The Information disclosure statement has been received and considered. Drawings 06-36 AIA The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the ‘second axle unit’ as claimed on line 10 of claim 1 and the ‘transfer of brake fluid being prevented into the at least one chamber … by the sealing element’ (i.e. fig 7) as claimed in claim 17 line 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-01 Claims 11-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claims 11-20 (see around line 10 of claim 1) it is unclear how the second axle unit is connected to/separate from the first axle unit and the rest of the brake system since it has not been shown in the drawings. Claim 17 lines 10+ the limitation of “… if the at least one displaceable piston is displaced from its corresponding initial position, a transfer of brake fluid from the master brake cylinder via the at least one valveless or valve-equipped connecting line and its corresponding connecting line orifice into the at least one chamber of the piston-cylinder device is prevented by at least one sealing element fastened to the at least one displaceable piston of the piston- cylinder device…” is not shown in the drawings and not easily understood from the specification. How does this happen? 07-30-02 AIA 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. 07-34-01 Claims 15,16,17,19 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 15,16,17 the limitation of “valveless or valve-equipped” throughout the claims is indefinite. Which is it? Claim 17 the “and/or” limitation on the last line renders the claim confusing and difficult to interpret. Additionally this limitation appears to be a double inclusion. Claim 19 lines 1 and 4 the limitations of “a third check valve” and “a fourth check valve” are confusing since no ‘first’ or ‘second’ check valve was previously claimed. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 11,12,15,18,20 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Besier et al. U.S. 2021/0053540 . Regarding claim 11 Besier shows in figures 1,2 a brake system that is capable of functioning as broadly claimed. This includes: A brake system 2 for a vehicle having at least two axles V,H, the system comprising: a first axle unit VL,VR which is configured to be mounted or is mounted on a first axle of the vehicle and has a motorized brake pressure build-up device 14, a first wheel brake cylinder 4, and a second wheel brake cylinder 6, wherein, by operation of the motorized brake pressure build-up device 14, brake fluid can be transferred from a connected first brake fluid reservoir (note reservoir port 70, para 0050) into the first wheel brake cylinder 4 and into the second wheel brake cylinder 6, so that a first wheel of the first axle V assigned to the first wheel brake cylinder 4 and a second wheel of the first axle assigned to the second wheel brake cylinder 6 can be braked; and a second axle unit HR,HL which can be mounted or is mounted on a second axle of the vehicle and is designed to be hydraulically separate from the first axle unit VL,VR (note the position of valves 152,154 and para 0060), so that, by means of operation of the second axle unit HR,HL, a first wheel of the second axle and a second wheel of the second axle can be braked; wherein the first axle unit includes a first ‘outlet’ valve 100 or 106 assigned to the first wheel brake cylinder 4, and a second ‘outlet’ valve 120 or 124 assigned to the second wheel brake cylinder 6, and brake fluid can be let out of the first wheel brake cylinder 4 via the first outlet valve 106 and from the second wheel brake cylinder 6 via the second outlet valve 124, into the connected reservoir via ports 110,126 Regarding claim 12 Besier shows a brake circuit of the first axle unit VL,VR includes at least the first wheel brake cylinder 4, the first outlet valve 100,106, the second wheel brake cylinder 6, and the second outlet valve 124, and wherein the motorized brake pressure build-up 14 device is integrated into the brake circuit or is hydraulically connected to the brake circuit. Regarding claim 15 note the embodiment of figure 2 and the master cylinder at 180. Regarding claim 18, as broadly claimed, note the isolating valves at 152,154 or at 162,164. Regarding claim 20, as explained above, Besier is capable of meeting the claimed limitations. Note the ports at 74 are reservoir ports . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim( s) 13,17 i s/are rejected under 35 U.S.C. 103 as being unpatentable over B esier in view of Ruffer et al. 6,033,036. R egarding claim 13 Beseier lacks specifically showing the second brake circuit HR,HL being hydraulically connected to a second chamber of the piston cylinder device 14. However note that Beseir is not locked into any particular choice of the pressure supply device 14 or 16 in the several embodiments. The reference to Ruffer shows it is known that a piston cylinder device of the type used in Besier can be connected to both the first and second brake circuits 7,8 and 9,10 using the valve arrangements shown. One having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have used only one piston cylinder unit in Besier to control the hydraulic fluid flow between the front and rear axles simply to cut down on expense, costs and weight of the vehicle. Regarding claim 17, subject to the 112 1 st rejection above (and as best understood) it appears Besier is capable of meeting the claimed requirements by the sealing arrangement (not labeled—but upper seal) in the piston cylinder units 14,16 but on either side of the reservoir ports 70 or 78. Nevertheless Ruffer more specifically shows a sealing arrangement above and below the piston 37 of the cylinder unit 6 where the line regulated by valve 15b enters the chamber 42. These seals prevent fluid from line 12/valve 15b from entering chamber 41. It would have been an obvious choice of using one well known type of a piston cylinder unit shown by Ruffer at 6 to be used in the brake system of Besier at 14 and/or 16 having a specific sealing arrangement that is capable of meeting the limitation of “… if the at least one displaceable piston is displaced from its corresponding initial position, a transfer of brake fluid from the master brake cylinder via the at least one valveless or valve-equipped connecting line and its corresponding connecting line orifice into the at least one chamber of the piston-cylinder device is prevented by at least one sealing element fastened to the at least one displaceable piston of the piston- cylinder device… simply dependent upon such well known factors as costs and/or availability of product . 07-15-aia AIA Claim(s) 11,12,14,18,20 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Friedrich et al. 11,814,019 . Regarding claim 11 Friedrich shows in the several different embodiments: A brake system for a vehicle having at least two axles VA,HA (FIGS 1-3), the system comprising: a first axle unit (FIGS 2, 5+) which is configured to be mounted or is mounted on a first axle VA of the vehicle and has a motorized brake pressure build-up device 12.1-12.3, a first wheel brake cylinder RB1, and a second wheel brake cylinder RB2, wherein, by operation of the motorized brake pressure build-up device, brake fluid can be transferred from a connected first brake fluid reservoir 7V into the first wheel brake cylinder and into the second wheel brake cylinder, so that a first wheel of the first axle assigned to the first wheel brake cylinder and a second wheel of the first axle assigned to the second wheel brake cylinder can be braked; and a second axle unit (FIGS 3,4) which can be mounted or is mounted on a second axle of the vehicle and is designed to be hydraulically separate from the first axle unit (see at least the abstract), SO that, by means of operation of the second axle unit, a first wheel of the second axle and a second wheel of the second axle can be braked; wherein the first axle unit includes a first outlet valve OV1 assigned to the first wheel brake cylinder RB1, and a second outlet valve OV2 assigned to the second wheel brake cylinder RB2, and brake fluid can be let out of the first wheel brake cylinder via the first outlet valve and from the second wheel brake cylinder via the second outlet valve, into the connected reservoir 7V,7H. Regarding claim 12 Friedrich shows a brake circuit of the first axle unit includes at least the first wheel brake cylinder RB1, the first outlet valve OV1, the second wheel brake cylinder RB2, and the second outlet valve OV2, and wherein the motorized brake pressure build-up device 12.1-12.3 is integrated into the brake circuit or is hydraulically connected to the brake circuit. Regarding claim 14 as at least indicated in the abstract and throughout the document these limitations are considered to be capable of being met. Regarding claim 18 note the isolation valve at HSV/RVP in figureS 6-8. Regarding claim 20, as explained above, Friedrich meets the claimed limitations . 07-21-aia AIA Claim (s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedrich in view of Ruffer et al. 6,033,036 . Regarding claim 13 Friedrich lacks specifically showing the second brake circuit HA being hydraulically connected to a second chamber of the piston cylinder device 12.1-12.3. But since Friedrich also uses a piston cylinder device 32.1-32.3 to pump hydraulic pressure to the second axle unit HA, as shown in figure 4, it would have been obvious to have used one piston cylinder device to control the pressure to both front and rear axles VA, HA. However note that Friedrich is not locked into any particular choice of the pressure supply device 12,22,32 in the several embodiments. The reference to Ruffer shows it is known that a piston cylinder device of the type used in Besier can be connected to both the first and second brake circuits 7,8 and 9,10 using the valve arrangements shown. One having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have used only one piston cylinder unit in Friedrich to control the hydraulic fluid flow between the front and rear axles simply to cut down on expense, costs and weight of the vehicle . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 16 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. 07-43-02 AIA Claim 19 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M.. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rob 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616 4/19/26 Application/Control Number: 18/681,008 Page 2 Art Unit: 3616 Application/Control Number: 18/681,008 Page 3 Art Unit: 3616 Application/Control Number: 18/681,008 Page 4 Art Unit: 3616 Application/Control Number: 18/681,008 Page 5 Art Unit: 3616 Application/Control Number: 18/681,008 Page 6 Art Unit: 3616 Application/Control Number: 18/681,008 Page 7 Art Unit: 3616 Application/Control Number: 18/681,008 Page 8 Art Unit: 3616 Application/Control Number: 18/681,008 Page 9 Art Unit: 3616
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