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.
Claim 5 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 5, the phrase “the second command has an imposed duration similar to the first command” is indefinite because it is unclear the term “similar” is a subjective term and neither the specification nor the claims provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
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.
Claims 1, 2 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okada et al. (US 2017/0355356).
Regarding independent claim 1, Okada discloses a motor control unit (19) of an electromechanical motor vehicle parking brake (31, 43) (see ¶ 0037), supplying brake application and release commands to an electric motor (43B) of an actuator of the brake (see ¶ 0038), said commands being governed by predefined strategies in response to inputs given to a controller by an occupant of the vehicle (see ¶ 0038), wherein the motor control unit is designed, if a second action (see FIG. 12, “APPLICATION REQUEST” at time (a); FIG. 13, “RELEASE REQUEST” at time (e)) follows a first action (see FIG. 12, “RELEASE REQUEST” at time (b); FIG. 13, “APPLICATION REQUEST” at time (f)) on the controller while a first command, triggered by the first action, is still in progress (see FIGS. 12, 13; first command is in progress from time (a) (FIG. 12) or (e) (FIG. 13) to time (b) (FIG. 12) or (f) (FIG. 13) as shown on “ELECTRIC MOTOR OPERTION” chart and “ELECTRIC MOTOR CURRENT” chart), to start a second command according to the second action immediately, interrupting the first command (see FIGS. 12, 13; in an alternative embodiment, the second action is immediately started, interrupting the first command, as shown by the dashed lines; see also ¶ 0140, 0142).
Regarding claim 2, Okada discloses that the first action is a brake release command (see FIG. 13; “RELEASE REQUEST” at time (a)).
Regarding claim 4, Okada discloses that the strategies impose application commands which, uninterrupted, produce a given final brake application force (see FIG. 12; braking force generated at time (c)), and release commands which, uninterrupted, produce brake actuator strokes of a given length (see FIG. 13, release stroke completed at time (g)).
Regarding claim 5, Okada discloses that if the first command is an application command, the second command has an imposed duration similar to the first command (see FIG. 12; release command is similar to the application command such that the brake pads are sufficiently released).
Regarding claim 6, Okada discloses a motor vehicle braking device (see FIG. 1), comprising the parking brake (43), the brake actuator (31), the electric motor (43B) controlling the actuator, the motor control unit supplying brake application and release commands to the electric motor (see ¶ 0038), said commands being governed by predefined strategies (see ¶ 0038; FIGS. 12, 13), and the controller (19) according to claim 1 (see FIGS. 1, 2).
Regarding claim 7, Okada discloses a motor vehicle (see FIGS. 1, 2), comprising the braking device according to claim 6 (see FIGS. 1, 2).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (US 2017/0355356) in view of Baehrle-Miller et al. (US 2011/0017554).
Regarding claim 3, Okada discloses that the commands are alternately brake application and brake release commands (see FIGS. 12, 13, “APPLICATION REQUEST,” and “RELEASE REQUEST”).
Okada does not disclose that the controller is a button.
Baherle-Miller teaches a motor control unit (1) of an electromechanical motor vehicle parking brake (see Abstract, FIG. 1), wherein a controller (6) is a push-button switch (see ¶ 0002).
It would have been obvious to configure the controller of Okada as a push button to provide a well-known controller that is simple to operate by an operator in a known manner.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (US 2017/0355356) in view of Khafagy et al. (US 2018/0237016).
Regarding claim 8, Okada does not disclose that the brake is fitted to a non-driven wheel of the vehicle. Okada is silent regarding the drivetrain of the vehicle but discloses that a parking brake is fitted to each vehicle wheel (see FIG. 1).
Khafagy teaches a motor vehicle comprising an electric parking brake (108) arranged at each wheel (104, 106), wherein the motor vehicle can be configured as a front-wheel drive, rear-wheel drive, or all wheel drive vehicle (see ¶ 0018).
It would have been obvious to configure the vehicle of Okada as a front-wheel drive or rear-wheel drive vehicle – thereby placing at least two of the parking brakes at non-driven wheels – to adapt the vehicle to different powertrain configurations as required or desired by the driver of the vehicle.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot in view of the new grounds of rejection noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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, 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.
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.
/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
September 3, 2026
Prosecution Insights