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 .
Status of Claims
This office action is in response to the amendments/remarks filed on 08/18/2026. Claims 16-23, 25, 27-33 are pending; claims 16, 17, 21, 23, 25, 27, 32 have been amended; claims 1-15, 24, 26 are canceled.
Claim Objections
Claims 25, 27, 32 are objected to because of the following informalities:
Claim 25 in line 5 recites “a commercial vehicle” should read --the commercial vehicle--since the limitation introduce in previous line.
Claim 25 in line 7 recites “a service brake system” should read --the service brake system-- since the limitation introduce in previous line.
Claim 27, line 5 recites “a data transmission system to a second control unit” should read --the data transmission system to the second control unit-- since “data transmission” and “second control unit” are recited in previous line.
Claim 32, line 7 recites “an auxiliary brake system” should read – the auxiliary brake system-- since the limitation introduce in previous line.
Claim 32, line 8 recites “a commercial vehicle” should read -- the commercial vehicle-- since the limitation introduce in previous line.
Claim 32, line 10 recites “a service brake system” should read – the service brake system-- since the limitation introduce in previous line.
Note: the claims contain numerous minor informalities as indicated above. Applicant is encouraged to carefully review all the claims and make appropriate corrections to any similar errors throughout the claim sets.
Appropriate correction is required.
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.
Claim(s) 16-19, 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BEAUVAIS (US 20180029577 A1)
BEAUVAIS discloses:
Claim 16: Lee discloses a method for operating a brake system (30 and 60; fig.1) of a commercial vehicle (¶[0024]), wherein the brake system (30, 60) has a service brake system (30), an auxiliary brake system (60), and braking devices (e.g. Braking devices (not shown) of wheels 12, 14, 16, and 18, see ¶0027]) for vehicle wheels (12,14,16,18, see ¶[0027]) of the commercial vehicle, the method comprising:
actuating at least one associated service brake actuator (13, 15) in the service brake system (30) (¶[0025]);
actuating at least one brake actuating device (50) in normal operation, thereby actuating respective associated braking devices (¶[0025]) corresponding to the at least one brake actuating device (50);
initiating, via at least one control device (20), actuation of at least one of the braking devices (62,64) in the auxiliary brake system (60) by activating at least one auxiliary brake actuator (motors, see ¶[0036]); and
detecting an at least partial failure of the service brake system (30); (see ¶[0029]);
carrying out an emergency operation in response to detecting the at least partial failure (¶[0031]), the emergency operation including:
accessing, by the at least one control unit (20), the auxiliary brake actuator (motors, see ¶[0036]);
detecting actuation of the at least one brake actuating device (50) (¶[0039]); and
adjusting, by the at least one control unit (20), actuation of the at least one braking device (50) by means of the auxiliary brake actuator (motors); wherein across a range of increasing actuation of the at least one brake actuating device (50), the at least one braking device (50) is increasingly actuated via the auxiliary brake actuator (motors) in response to the increasing actuation of the at least one brake actuating device (50) (¶[0039]).
Claim 17: The method according to claim 16, wherein the emergency operation further includes: determining a required braking torque based on a degree of full actuation of the at least one brake actuating device (50); and using the required braking torque to set the actuation of the at least one auxiliary brake actuator (motors, see ¶[0039]).
Claim 18: The method according to claim 16, wherein detecting the at least partial failure includes detecting an at least partial failure of a pressure source (22) connected to the at least one associated service brake actuator (13,15) (¶[0025]).
Claim 19: The method according to claim 18, wherein detecting the at least partial failure of the pressure source (22) includes: detecting, when detecting actuation of the at least one actuating device (50) (¶[0039]), an at least partially low pressure supply to the at least one associated service brake actuator (13,15) (¶[0028]: “A sensor (not shown) may detect when the reduction in braking performance capability occurs and trigger the initiation of a transition to a fallback braking mode. In other exemplary embodiments, a sensor detects the loss of ability to boost brakes during the first depression of the brake pedal 50 after a brake boosting failure occurs, thus the trigger occurs once the brake pedal 50 has been at least partially depressed by the drive”).
Claim 23: A brake control device (fig.1), configured to:
initiate activation of at least one auxiliary brake actuator (motors) in an auxiliary brake system (60) of a brake system (30,60) of a commercial vehicle (¶[0024]) in order to actuate at least one braking device (e.g. Braking devices (not shown) of wheels 12, 14, 16, and 18, see ¶0027]) of a respective vehicle wheel (12,14,16,18, see ¶[0027]);
detect an at least partial failure of a service brake system (30) of the brake system (30,60) (¶[0029]);
initiate emergency operation in response to detecting the at least partial failure of the service brake system (30) of the brake system (30,60);
detect actuation of at least one brake actuating device (50) of the service brake system (30,60); and
access the at least one auxiliary brake actuator (motors, see ¶[0036]) in the course of the emergency operation, thereby initiating actuation of the at least one braking device (e.g. braking device of the wheels) via the auxiliary brake actuator (motors) wherein across a range of increasing actuation of the at least one brake actuating device (50), the at least one braking device (50) is increasingly actuated via the auxiliary brake actuator (motors) in response to the increasing actuation of the at least one brake actuating device (50) (¶[0039]).
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of BEAUVAIS (US 20180029577 A1) in view of Lee (US 20220289155 A1)
Claim 20: BEAUVAIS does not disclose wherein detecting the at least partially low pressure supply is performed using a pressure sensor.
Lee teaches brake system (fig.3-4) having a pressure sensor (430); wherein detecting the at least partially low pressure supply is performed using a pressure sensor (430) (see ¶[0053]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use pressure sensor as taught by Lee in the device of BEAUVAIS in order to detect low pressure supply.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS (US 20180029577 A1) in view of Lee (US 4192405 A1)
Claim 22: BEAUVAIS discloses the method according to claim 16, wherein in the auxiliary brake system (60), actuating the at least one braking device (62,64).
BEAUVAIS does not disclose relieving the pressure in each at least one auxiliary brake actuator from a fluid cylinder which is equipped with an actuating piston preloaded into an actuating position.
Lee teaches a brake mechanism (10; Fig.4) actuating at least one braking device (12, 162, 166) is carried out by relieving the pressure in each at least one auxiliary brake actuator (180) from a fluid cylinder (158) which is equipped with an actuating piston (186) preloaded into an actuating position (e.g. engaged position)(col.9 lines 56-64).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement spring (210) and fluid cylinder (158, 180) as taught by Lee’405 in the auxiliary brake system of BEAUVAIS in order to provide fail safe auxiliary brake in case pressure loss.
Response to Amendment/Arguments
The previous rejections under 35 USC 112(b) have been withdrawn light of cancelling claim 24 and 26.
Applicant’s arguments with respect to claim(s) 16-20 and 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 21, 25, 27-33 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art of record alone or in combination neither discloses nor renders obvious a method for operating a brake system of a commercial vehicle, wherein the brake system has a service brake system, an auxiliary brake system, and braking devices for vehicle wheels of the commercial vehicle; specifically, “actuating the auxiliary brake actuator by the transmission control unit in accordance with a specification of the brake control unit.” and in combination with the remaining step of claim 21.
The closest prior art is BEAUVAIS or Lee US’155 does not disclose the allowable limitation as indicated above. As BEAUVAIS discloses controller 20 directly actuates the parking brake and does not disclose TCU actuates auxiliary brake actuator by the transmission control unit in accordance with a specification of the brake control unit. And Lee (US 20230129690 A1) discloses TCU, however, it does not disclose TCU actuates the brake actuator.
The prior art of record alone or in combination neither discloses nor renders obvious a brake system for a commercial vehicle having a service brake system, an auxiliary brake system, and braking devices for vehicle wheels of the commercial vehicle; specifically, “the at least one associated service brake actuator is configured to actuate the respectively associated braking device corresponding to the actuation of the at least one brake actuating device when actuated in normal operation” and in combination with the remaining structure of claim 25.
The prior art of record alone or in combination neither discloses nor renders obvious a commercial vehicle with a brake system, the brake system comprising: a service brake system; an auxiliary brake system; braking devices for vehicle wheels of the commercial vehicle; specifically, “the at least one associated service brake actuator is configured to actuate the respectively associated braking device corresponding to the actuation of the at least one brake actuating device when actuated in normal operation” and in combination with the remaining structure of claim 32.
Regarding claim 25 and 32, the closest prior art is BEAUVAIS does not disclose the allowable limitation as indicated above. BEAUVAIS discloses service brake actuators (13,15) are opened (see ¶[0030]) but it does not describe valve position varies with pedal actuation; and wheel inlet valves 13, 15, 17, and 19 may be dynamically controllable and a part of an anti-lock braking (ABS) system and/or electronic speed control (ESC) system (see ¶[0025]). It implies that valves are driven by wheel condition not by the pedal as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JOHNSON (US 20150266457 A1) discloses brake system with primary brake system and backup brake system.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571)270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LILLIAN T NGUYEN/Examiner, Art Unit 3655a
/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
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