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 22nd July 2026, with respect to the rejection of Claim 1 under 35 U.S.C 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, a new ground of rejection is made, necessitated by amendment, as seen below.
Applicant’s arguments, see Applicant Arguments, filed 22nd July 2026, with respect to the rejection of Claim 5 under 35 U.S.C 103 as being unpatentable over Engelbert et. al. (US 5577814 A) in view of Dale (GB 2075640 A) have been fully considered and are not persuasive. Applicant contends “Engelbert would not be modified in such a way, as this arrangement would require a substantial redesign such that the designed pressure balance and pressure release would still function as intended.” Applicant identifies the valve of Engelbert “is designed to function…in response to specific pressures”. In order to design a valve to respond to specific pressure some form of pressure calculation is required, therefore, as pressure calculation are already required in the design of Engelbert, it does not qualify as a “substantial redesign”, for one of ordinary skill in the art before the effective filing date of the invention, to perform additional or modify existing calculations in order to incorporate the teachings of the bypass of Dale. It is noted that combinations of prior art under 103 need not be a “one for one replacement”, and the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Additionally, Claim 5 does not require, nor does the combination of Engelbert and Dale as used in the rejection of Claim 5 suggest, the valve is “open in its basic/nominal position” such that “knock-on effects” would be created by the combination of prior art. Rather Claim 5 recites “in its basic position such that the air flow can bypass the quick release insert”, bypass and open do not have the same meaning under Broadest Reasonable Interpretation (BRI). Lastly, even if “knock-on effects” were caused by the modification of Engelbert by the teachings of Dale it is not understood how resolving these “knock-on effects” differ from normal system modifications involved in the incorporation of the teachings of Dale. The rejection of Claim 5 is maintained as seen below.
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 1-4, 6-8, 10-14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Engelbert et. al. (US 5577814 A) in view of Ho (US 20090045671 A1).
Regarding Claim 1, Engelbert discloses a pneumatic ABS valve device for a pneumatic brake system of a vehicle, the pneumatic ABS valve device comprising: a casing (72) configured for fluid connection to a pneumatic brake, the casing (72) comprising: a supply port (84) that receives pressurized air (from 40); a working port (37) that provides a braking pressure to a brake actuator (30) of the pneumatic brake system; an exhaust port (109) that releases pressurized air from the brake actuator (30); and a flow path (96, 111, 106, 118) defined in the casing (72) and connecting the working port (37) and the supply port (84) (see Fig. 1, Fig. 2, Fig. 3); a quick release insert (104) being reversibly deformable and at least partly arranged in the flow path (96, 111, 106, 118), a first 2/2 solenoid blocking valve (A1) (see Annotated Fig. 13A below) connected to the supply port (84); wherein the quick release insert (104) is arranged between the first 2/2 solenoid blocking valve (A1) and the working port (37) (see Fig. 13A, Annotated Fig. 13A below) wherein the quick release insert (104) is moveably received in the casing (72) and moves into a blocking position when an exhaust air flow is provided by the working port (37) (see Fig. 6), wherein the quick release insert (104) is deformed in the blocking position and sealingly rests against a sealing surface (Y) (see Annotated Fig. 6 below) of the casing (72) thereby blocking the flow path (96, 111, 106, 118) (see Fig. 6), and wherein the quick release insert (104) returns into an undeformed basic position in an unloaded or low-loaded condition (see Fig. 4).
Engelbert does not disclose a second 2/2 solenoid blocking valve that is switchable to connect a downstream end of the quick release insert with either the working port or the exhaust port.
Ho teaches a valve device for a pneumatic brake system of a vehicle comprising: a 2/2 solenoid blocking valve (40) that is switchable to connect a downstream end of a quick release insert (32) with either a working port (62) or an exhaust port (30) (see Fig. 2, [0017-0019]).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the invention, to combine the teachings of the 2/2 solenoid blocking valve of Ho with the pneumatic ABS valve device of Engelbert in order to reduce the release time of the brakes during traction control functions while providing an electric control function to improve efficiency and precision control of the valve system (see US 20090045671 A1 [Ho]; [0002-0004], [0010]).
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Annotated Fig. 13A
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Annotated Fig. 6
Regarding Claim 2, Engelbert modified by Ho teaches wherein the quick release insert (104) moves into a flow position when a supply air flow is provided by the supply port (84) (see US 5577814 A [Engelbert]; Fig. 5), and wherein the quick release insert is deformed in the flow position and rests against a rear part (X) (see US 5577814 A [Engelbert]; Annotated Fig. 6 above) of the casing (72) opposite to the sealing surface (Y) (see US 5577814 A [Engelbert]; Fig. 6).
Regarding Claim 3, Engelbert modified by Ho teaches wherein the quick release insert (104) has at least a first free edge (A) (see US 5577814 A [Engelbert]; Annotated Fig. 6 above) and an opposite second free edge (B) and is freely positioned in the casing (72) such that the first free edge (A) and the second free edge (B) are enabled to move back and forth towards the sealing surface (Y) and away from the sealing surface (Y) (see US 5577814 A [Engelbert]; Fig. 5, Fig. 6, Annotated Fig. 6 above).
Regarding Claim 4, Engelbert modified by Ho teaches wherein the casing (72) has a first rib (C) (see US 5577814 A [Engelbert]; Annotated Fig. 4 below) and a second rib (D) arranged at a distance from each other and extending from the sealing surface (Y) towards the rear part (X), thereby defining an insert chamber between them in which the quick release insert (104) is received such that a movement back and forth towards and away from the sealing surface (Y) is enabled, and movement side-to-side between the first rib (C) and the second rib (D) is at least restricted (see US 5577814 A [Engelbert]; Annotated Fig. 4 below, Fig. 4, Fig. 5).
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Annotated Fig. 4
Regarding Claim 6, Engelbert modified by Ho teaches wherein the quick release insert (104) is formed as a flat piece having a thickness, wherein the ratio of the thickness to the stiffness is chosen such that the quick release insert (104) is deformable to correspond to the sealing surface (Y) of the casing (72) surrounding the passage in response to the exhaust air flow (see US 5577814 A [Engelbert]; Fig. 4, Fig. 5, Fig. 6, Annotated Fig. 6 above).
Regarding Claim 7, Engelbert modified by Ho teaches wherein the quick release insert (104) is arranged adjacent to the supply port (84) (see US 5577814 A [Engelbert]; Fig. 1, Fig. 3).
Regarding Claim 8, Engelbert modified by Ho teaches wherein the flow path (96, 111, 106, 118) is partly defined by a passage (96) extending from the sealing surface (Y) towards the supply port (84), and wherein the quick release insert (104) blocks the passage (204, 205) by resting against the sealing surface (Y) (see US 5577814 A [Engelbert]; Fig. 3, Annotated Fig. 6 above).
Regarding Claim 10, Engelbert modified by Ho teaches wherein the quick release insert (104) has a rear surface (S) facing the rear part (X) of the casing (72), and the rear part (X) includes a protruding support structure (Z) that supports a portion of the rear surface (S) of the quick release insert (104) (see US 5577814 A [Engelbert]; Annotated Fig. 6 (2) below, Fig. 6).
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Annotated Fig. 6 (2)
Regarding Claim 11, Engelbert modified by Ho teaches wherein the support structure (Z) is integrally formed with the casing (72) (see US 5577814 A [Engelbert]; Annotated Fig.6 (2) above, Fig. 6).
Regarding Claim 12, Engelbert modified by Ho teaches wherein the support structure (Z) has a first protrusion (Z1) and at least a second protrusion (Z2) arranged at a distance to the first protrusion (Z1), the first protrusion (Z1) supporting a first section of the rear surface (S) and the second protrusion (Z2) supporting a second section of the rear surface (S) (see US 5577814 A [Engelbert]; Annotated Fig. 5 below, Fig. 5).
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Regarding Claim 13, Engelbert modified by Ho teaches wherein the supported portion of the rear surface (S) includes ½ to ⅔ of a surface area of the rear surface (S) (see US 5577814 A [Engelbert]; Annotated Fig. 6 (2), Fig. 6, Annotated Fig. 5 above, Fig. 5).
Regarding Claim 14, Engelbert modified by Ho teaches wherein the support structure (Z) has a T-shaped cross section providing an enlarged supporting surface facing towards the rear surface (S) of the quick release insert (104) (see US 5577814 A [Engelbert]; Annotated Fig. 6 (2), Fig. 6, Annotated Fig. 5 above, Fig. 5).
Regarding Claim 16, Engelbert modified by Ho teaches a vehicle comprising: a pneumatic ABS valve device according to claim 1 (see Rejection of Claim 1 above); a pneumatic brake system (22) having a brake actuator (30) connected to the working port (37) of the pneumatic ABS valve device (20); and a pneumatic brake line (42) connected to the supply port (84) for supplying pressurized air (see US 5577814 A [Engelbert]; Fig. 1, Fig. 3, Fig. 5).
Regarding Claim 17, Engelbert modified by Ho teaches a method for quick releasing pressurized air from a pneumatic brake system, the method comprising the steps of: providing a pneumatic ABS valve device according to claim 1 (see Rejection of Claim 1 above) and a pneumatic brake system (22) having a brake actuator (30), wherein the brake actuator (30) is connected to the working port (37) of the pneumatic ABS valve device (20); providing an exhaust air flow from the brake actuator (30) through the working port (37) into the valve device (20); moving the quick release insert (104) into a blocking position in response to providing the exhaust air flow (see Fig. 6); blocking the flow path (96, 111, 106, 118) by resting the quick release insert (104) against a sealing surface (Y) (see US 5577814 A [Engelbert]; Annotated Fig. 6 above) of the casing (72); releasing exhaust air from the brake actuator (30) through the exhaust port (109); and returning the quick release insert (104) into an undeformed basic position in an unloaded or low-loaded condition after releasing the exhaust air (see US 5577814 A [Engelbert]; Fig. 4, Fig. 5, Fig. 6, 8: 6-19).
Regarding Claim 18, Engelbert modified by Ho teaches wherein the flow path (96, 111, 106, 118) includes a first part (96, 204, 205, 106, 118) connecting the supply port (84) and the working port (37) and a second part (106, 113, 118, 115) connecting the working port (37) and the exhaust port (109) (see US 5577814 A [Engelbert]; Fig. 4, Fig. 6, Annotated Fig. 4 (2) below, Annotated Fig. 4 (3) below).
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Annotated Fig. 4 (2)
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Regarding Claim 19, Engelbert modified by Ho teaches wherein the quick release insert (104) deforms and blocks the first part of the flow path (96, 204, 205) when the exhaust pressure exceeds a predetermined level, such that exhaust air flows between the working port (37) and the exhaust port (109) via the second part (106, 113, 118, 115) of the flow path (see US 5577814 A [Engelbert]; Fig. 6, Annotated Fig. 4 (2), Annotated Fig. 4 (3) above).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Engelbert et. al. (US 5577814 A) in view of Dale (GB 2075640 A).
Regarding Claim 5, Engelbert discloses a pneumatic ABS valve device for a pneumatic brake system of a vehicle, the pneumatic ABS valve device comprising: a casing (72) configured for fluid connection to a pneumatic brake, the casing (72) comprising: a supply port (84) for receiving pressurized air; a working port (37) for providing a braking pressure to a brake actuator (30); an exhaust port (109) for a releasing pressurized air from the brake actuator (30); and a flow path (96, 111, 106, 118) defined in the casing (72) and connecting the working port (37) and the supply port (84) (see Fig. 1, Fig. 2, Fig. 3); a quick release insert (104) being reversibly deformable and at least partly arranged in the flow path (96, 111, 106, 118), wherein the quick release insert (104) is moveably received in the casing (72) and moves into a blocking position when an exhaust air flow is provided by the working port (37) (see Fig. 6), wherein the quick release insert (104) is deformed in the blocking position and sealingly rests against a sealing surface (Y) (see Annotated Fig. 6 above) of the casing (72) thereby blocking the flow path (96, 111, 106, 118) (see Fig. 6), and wherein the quick release insert (104) returns into an undeformed basic position in an unloaded or low-loaded condition (see Fig. 4).
Engelbert does not explicitly disclose wherein the quick release insert is positioned in the casing in its basic position such that the air flow can bypass the quick release insert for a release of pressurized air from the working port to the supply port.
Dale teaches wherein the quick release insert (8) is positioned in the casing (2) in its basic position such that the air flow can bypass (12) the quick release insert (8) for a release of pressurized air from the working port (10) to the supply port (5) (see Fig. 1, Page 1: 119-130, Page 2: 1-3).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the invention, to combine the teachings of a quick release insert and bypass of Dale with the pneumatic ABS valve device of Engelbert in order to ensure brake function, improving vehicle safety, when the system has slow pressure reductions (see GB 2075640 A [Dale]; Page 1: 99-118).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Engelbert et. al. (US 5577814 A) as modified by Ho (US 20090045671 A1) in Claim 1, above, further in view of Grebe (US 20180154877 A1).
Regarding Claim 9, Engelbert modified by Ho teaches the pneumatic ABS valve device according to Claim 1.
Engelbert modified by Ho does not explicitly teach wherein the casing is at least partly formed of an injection moldable polymer.
Grebe teaches wherein a valve casing is at least partly formed of an injection moldable polymer (see Fig. 1, [0008]).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the invention, to combine the teachings of an injection moldable polymer casing of Grebe with the pneumatic ABS valve device of Engelbert in order to reduce manufacturing complexities and costs.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Engelbert et. al. (US 5577814 A) as modified by Ho (US 20090045671 A1) in Claim 10, above, further in view of Bushman (US 20080289696 A1).
Regarding Claim 15, Engelbert modified by Ho teaches the pneumatic ABS valve device according to Claim 10.
Engelbert modified by Ho does not teach wherein the support structure (Z) provides a convex supporting surface facing towards the rear surface (S) of the quick release insert (104) (see US 5577814 A [Engelbert]; Annotated Fig. 6 (2) above).
Bushman teaches wherein a valve device has a support structure (339) that provides a convex supporting surface facing towards the rear surface of the quick release insert (234) (see Fig. 24 D, Fig. 24 E, [0085-0086]).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the invention, to combine the teachings of a convex support surface of Bushman with the pneumatic ABS valve device of Engelbert in order to bias the quick release insert to set the performance or predetermined pressure amount required to deform the quick release insert (see US 20080289696 A1 [Bushman]; [0085-0086).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Engelbert et. al. (US 5577814 A) as modified by Ho (US 20090045671 A1) in Claim 18, above, further in view of Ashby (US 4878513 A).
Regarding Claim 20, Engelbert modified by Ho teaches the pneumatic ABS valve device according to Claim 18, wherein the insert (104) returns to its undeformed basic position when the exhaust air is below the predetermined level, (see US 5577814 A [Engelbert]; Fig. 4, Annotated Fig. 4 (2) above, Annotated Fig. 4 (3) above).
Engelbert modified by Ho does not explicitly teach wherein the quick release insert (104) returns to its undeformed basic position when the exhaust air is below the predetermined level, such that the first part (96, 204, 205, 106, 118) of the flow path is open between the working port (37) and the supply port (84), wherein the first part (96, 204, 205, 106, 118) remains open when supply pressure is provided from the supply port (see US 5577814 A [Engelbert]; Fig. 5).
Ashby teaches wherein the quick release insert (70) returns to its undeformed basic position when the exhaust air is below the predetermined level, such that the first part of the flow path is open between the working port (44) and the supply port (42) (see Fig. 4), wherein the first part remains open when supply pressure is provided from the supply port (see Fig. 4, Fig. 5, Fig. 6, Annotated Fig. 4 (Ashby) below).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the invention, to combine the teachings of a quick release valve of Ashby with the pneumatic ABS valve device of Engelbert in order to prevent pressure dragging of the brakes, wearing them out faster (see US 4878513 A [Ashby]; 1: 35-45).
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Annotated Fig. 4 (Ashby)
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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