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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1, 4, 6, 8, 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas Bartsch (DE – 10059348 A1, from IDS, Examiner disclosed English machine translation for rejection).
As per claim 1, Thomas discloses Method To Control Brake Device For Vehicle; Involves Using Electrically Control Hydraulic Valves And Pump With Support For Volve Control Coils That Is Electrically Heated For Longer Than Necessary comprising:
a hydraulic pump (7, Fig: 1) for conveying brake fluid from a suction side to a pressure side,
at least one electrically controlled hydraulic valve (9-12, and 15-16,, Fig: 1),
a brake fluid reservoir (13, Fig: 1), which is connected to the suction side of the pump (Fig: 1), and
at least one control unit (ECU 55, Fig: 2) for controlling the hydraulic pump and the at least one hydraulic valve (since the valve coil 47 of the changeover valve 9 is actuated by the electro-hydraulic control unit 55 according to a first heating or energization strategy, [0039], [0051], Fig: 1-2), wherein the control unit (55) is configured to heat the brake fluid reservoir (13) by actuating the at least one electrically controlled hydraulic valve (9-12, and 15-16) with an electric current when at least one of a limit temperature of the brake fluid is undershot and a limit viscosity of the brake fluid is exceeded (The heating power of the valve coils is used to preheat the entire brake hydraulic system if these valve coils are permanently energized at low temperatures in order to convert the electrical energy into heat via the valve coils, [0014], [0031], and [0050], Fig: 1-2).
As per claim 4, Thomas discloses wherein the brake fluid reservoir (13) is installed with the at least one electrically controlled hydraulic valve in a housing block (low pressure accumulator 13 is situated in valve block 31, Fig: 1).
As per claim 6, Thomas discloses wherein, the at least one hydraulic valve is a plurality of hydraulic valves are installed in the housing block, wherein at least one of energizing all of the plurality of valves and energizing at least one valve of the plurality of valves, which is at the smallest spacing from the brake fluid reservoir (depending on the driving state of the motor vehicle, different coils can be activated and thus energized in order to achieve a more or less strong heating output. It is also possible to control all valves arranged in the valve block for heating if this enables the current driving situation, [0016], Fig: 1-2).
As per claim 8, Thomas discloses wherein the limit temperature lies between -20 and - 30°C, (At temperatures below -20°C, this leads to the brake fluid not being able to be sucked in fast enough, and in addition to this, the pressure loss in the pipeline increases with increasing viscosity, [0008], Fig: 1-2).
As per claim 10, Thomas discloses wherein the control unit is configured to energize the at least one valve at the beginning of heating with a maximum current for one of a predetermined period of time and up to a predetermined temperature and then to energize them with a lower holding current (It is furthermore possible and very particularly preferred according to the invention to actuate the valves in a pulsed or clocked manner such that, although they emit a sufficiently large heating power to the valve block, switching of the valve is just still prevented on account of the physically induced mass inertia of the movable mechanical valve elements, [0017], Fig: 1-2).
As per claim 11, Thomas discloses wherein the control unit is configured to energize the at least one valve for heating with a current based on at least one of a deviation of the brake fluid temperature from the limit temperature and a deviation of brake fluid viscosity from the limit viscosity, (According to a preferred embodiment of the invention, at least one valve coil controlled for heating purposes is assigned to a changeover valve which, in a powered or controlled heating function, ………. sensed temperature, which results in a viscosity of the brake fluid which is above a predefined threshold value, and The duration of the control of the valve coils used for heating purposes is advantageously regulated as a function of temperature or changed (controlled) as a function of temperature, [0023] and [0027], Fig: 1-2).
As per claim 12, Thomas discloses wherein a coil temperature is determined during heating (According to a further development of the invention, the temperature information is obtained from one or more temperature sensors of a control device operating the solenoid valves for deciding on control times of the solenoid coils controlled for heating purposes., [0028], Fig: 1-2).
As per claim 13, Thomas discloses wherein the heating is one of closed loop controlled and open loop controlled ([0024], Fig: 1-2).
As per claim 14, Thomas discloses Method To Control Brake Device For Vehicle; Involves Using Electrically Control Hydraulic Valves And Pump With Support For Volve Control Coils That Is Electrically Heated For Longer Than Necessary comprising:
controlling a hydraulic pump (7, Fig: 1) ) and at least one hydraulic valve with a control unit (55, since the valve coil 47 of the changeover valve 9 is actuated by the electro-hydraulic control unit 55 according to a first heating or energization strategy, [0039], [0051], Fig: 1-2);
conveying brake fluid from a suction side to a pressure side with the hydraulic pump (from 13 to suction side of 7, Fig: 1):
actuating the at least one hydraulic valve (9-12 and 15-16, fig: 1) with an electric current to heat the brake fluid when at least one of a limit temperature of the brake fluid is undershot and a limit viscosity of the brake fluid is exceeded ((The heating power of the valve coils is used to preheat the entire brake hydraulic system if these valve coils are permanently energized at low temperatures in order to convert the electrical energy into heat via the valve coils, [0014], [0031], and [0050], Fig: 1-2).
As per claim 15, Thomas discloses wherein the controlling by the control unit (55) is one of an open loop control and a closed loop control ([0024], Fig: 1-2).
As per claim 16, Thomas discloses wherein the at least one hydraulic valve is a plurality of electrically open loop controlled hydraulic valves installed in the housing block (valves 9-12 and 15-16 situated in valve block 31, Fig: 1), and further comprising at least one of energizing all of the plurality of valves and energizing at least one valve of the plurality of valves which is at the smallest spacing from the brake fluid reservoir ((depending on the driving state of the motor vehicle, different coils can be activated and thus energized in order to achieve a more or less strong heating output. It is also possible to control all valves arranged in the valve block for heating if this enables the current driving situation, [0016], Fig: 1-2).
As per claim 18, Thomas discloses energizing the at least one valve with a maximum current at the beginning for one of a time period and up to a predetermined temperature then energizing the at least one valve with a holding current which is less than the maximum current (It is furthermore possible and very particularly preferred according to the invention to actuate the valves in a pulsed or clocked manner such that, although they emit a sufficiently large heating power to the valve block, switching of the valve is just still prevented on account of the physically induced mass inertia of the movable mechanical valve elements, [0017], Fig: 1-2).
As per claim 19, Thomas discloses wherein energizing the at least one valve with a current is based on at least one of a deviation of the brake fluid temperature from the limit temperature and a deviation of the brake fluid viscosity from the limit viscosity (According to a preferred embodiment of the invention, at least one valve coil controlled for heating purposes is assigned to a changeover valve which, in a powered or controlled heating function, ………. sensed temperature, which results in a viscosity of the brake fluid which is above a predefined threshold value, and The duration of the control of the valve coils used for heating purposes is advantageously regulated as a function of temperature or changed (controlled) as a function of temperature, [0023] and [0027], Fig: 1-2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claim(s) 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas Bartsch (DE – 10059348 A1, from IDS as applied to claim 1 above, and further in view of Fennel et al. (US – 6,901,789 B1).
As per claim 9, Thomas discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the control unit is configured to measure the viscosity by a predetermined volumetric flow being conveyed through an outlet valve and the pressure difference which is set being measured.
Fennel discloses Method For Determining Parameters comprising:
wherein the control unit is configured to measure the viscosity by a predetermined volumetric flow being conveyed through an outlet valve and the pressure difference which is set being measured (Method for determining parameters for the viscosity and/or temperature of a brake fluid, Col: 2, Ln: 57-64, Col: 3, Ln: 12-16, and Col: 4, Ln: 46 – Col: 5, Ln: 26, Fig: 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Method To Control Brake Device For Vehicle of the Thomas to include the measure the viscosity in which the control unit is configured to measure the viscosity by a predetermined volumetric flow being conveyed through an outlet valve and the pressure difference which is set being measured as taught by Fennel in order to provide an input quantity which is taken into account in the pressure model when reproducing the wheel pressure, the pump delivery capacity or the supply volume of the pump, which increases or reduces in dependence on the temperature-responsive viscosity of the brake fluid.
As per claim 17, Thomas further discloses conveying a predetermined volumetric flow through an outlet valve and measuring a pressure difference to measure the viscosity (Method for determining parameters for the viscosity and/or temperature of a brake fluid, Col: 2, Ln: 57-64, Col: 3, Ln: 12-16, and Col: 4, Ln: 46 – Col: 5, Ln: 26, Fig: 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Method To Control Brake Device For Vehicle of the Thomas to include the measure the viscosity in which conveying a predetermined volumetric flow through an outlet valve and measuring a pressure difference to measure the viscosity as taught by Fennel in order to provide an input quantity which is taken into account in the pressure model when reproducing the wheel pressure, the pump delivery capacity or the supply volume of the pump, which increases or reduces in dependence on the temperature-responsive viscosity of the brake fluid.
Allowable Subject Matter
Claims 2-3, 5, and 7 are 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.
Prior art and teaching reference fail to disclose wherein the control unit is configured to actuate the linear actuator for pressure build-up in a fault-free case and to actuate the piston pump for pressure build-up in the event of a fault in the linear actuator (Claim 2), wherein the brake fluid reservoir is a line connection between two hydraulic units within the housing block (Claim 5), and wherein a volume of the brake fluid reservoir is matched with a pressure-volume characteristic curve of the brakes such that the volume mathematically allows a delay of 2.44m/s^2 (Claim 7).
Claim 3 depends on claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A: Zinnkann et al. (US – 6,416,141 B1),
B: SEOL (US – 2021/0001829 A1), and
C: Neu et al. (US – 2020/0361439 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 PM.
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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.
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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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