DETAILED ACTION
Response to Amendment
The amendment filed 12/11/2025 has been entered. Claims 11-20 are currently pending in the application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “vehicle dynamics control”, “external setpoint generator”, and “brake pressure generation device” in claims 11-20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Besier et al (US2019/0308596A1).
Regarding claims 11 and 18, Besier teaches a motor vehicle comprising a hydraulic brake system for a vehicle (Figures 1-3), comprising: a pressure build-up device (See structure in top right of each of Figures 1-3, including master cylinder, 2, 8, 10, 12, etc.); and a vehicle dynamics control (3/6 [and including 13]; Paragraphs 0042, 0051-0054, 0062); wherein the pressure build-up device includes: an input interface which is configured to receive an electronic setpoint specification from an external setpoint generator (Paragraph 0045 describes pedal input being received by input interface by means of sensor, as well as Paragraph 0047 describing alternate sensors for the pedal input), a master brake cylinder which is configured to build up hydraulic pressure in at least two independent brake circuits (See master cylinder and independent brake circuits illustrated in each of Figures 1-3), and an electromechanical drive which is configured to actuate the master brake cylinder using the setpoint specification received through the input interface (Paragraphs 0032, 0044-0045), wherein the master brake cylinder can be actuated exclusively by the electromechanical drive (Paragraphs 0032, 0044-0045), wherein the vehicle dynamics control includes a brake pressure generation device (30/37, and 13 which directly controls 30 [as noted in Paragraphs 0042, 0088, etc.]) which is configured to build up hydraulic pressure in the at least two independent brake circuits (Paragraphs 0021, 0042, 0047, 0051-0054).
Besier teaches that the external setpoint generator supplies the electronic setpoint specification (via sensor 25/27 in Figure 1) to the brake pressure generation device (30/37 and 13) of the vehicle dynamics control (Paragraph 0047).
Regarding claim 12, Besier discloses the invention of claim 11 as discussed above, and Besier teaches that the vehicle dynamics control includes an electronic stability program (Paragraph 0062).
Regarding claim 13, Besier discloses the invention of claim 11 as discussed above, and Besier teaches that the brake pressure generation device of the vehicle dynamics control is configured to build up hydraulic pressure in the at least two independent brake circuits when a malfunction in the pressure build-up device has been detected (Paragraphs 0021, 0047, 0051-0054).
Regarding claim 14, Besier discloses the invention of claim 11 as discussed above, and Besier teaches a setpoint generator configured to provide an electronic setpoint specification corresponding to a user input at the input interface of the pressure build-up device (Paragraph 0045).
Regarding claim 15, Besier discloses the invention of claim 14 as discussed above, and Besier teaches that the setpoint generator is mechanically coupled to a brake pedal of the vehicle, and wherein the setpoint generator is electrically coupled to the input interface of the pressure build-up device (Figures 1-3; Paragraph 0045).
Regarding claim 16, Besier discloses the invention of claim 14 as discussed above, and Besier teaches that the setpoint generator is coupled to the input interface of the pressure build-up device via a digital communication interface (See various descriptions of the data bus communication throughout the specification, and the pedal position transmission between digital control devices).
Regarding claim 17, Besier discloses the invention of claim 11 as discussed above, and Besier teaches that the pressure build-up device is configured to be powered by a first power supply system, and wherein the vehicle dynamics control is configured to be powered by a second power supply system (The independent power supply systems are described throughout the specification).
Regarding claim 19, Besier discloses the brake system of claim 11 as discussed above, and teaches a method for operating it, including: receiving an electronic setpoint specification at the input interface of the pressure build-up device; and controlling the electromechanical drive according to the received setpoint specification (Paragraphs 0043-0046, etc.).
Regarding claim 20, Besier discloses the invention of claim 19 as discussed above, and Besier teaches building up hydraulic pressure in at least one of the brake circuits using the brake pressure generation device of the vehicle dynamics control when a malfunction in the pressure build-up device has been detected (Paragraphs 0021, 0047, 0051-0054).
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
In response to applicant’s amendment and accompanying arguments regarding the new limitation, the examiner respectfully submits that applicant has not considered the additional sensors 25 and 27 which provide the setpoint specification to ECU 13, which directly controls the pump 30/37, and the ECU 13 may be reasonably interpreted as part of the “pressure generation device” since it directly controls the pump.
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 KEVIN R STECKBAUER whose telephone number is (571)270-0433. The examiner can normally be reached Monday - Thursday 9:30-7:30 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at 571-270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN R STECKBAUER/Primary Examiner, Art Unit 3747