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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Drelich et al. (US – 2023/0130519 A1).
As per claim 1, Drelich discloses Electropneumatic Trailer Control Module comprising:
an electropneumatic trailer control module (1, Fig: 1) for a pneumatic brake system (Title), the electropneumatic trailer control module (1) comprising:
a housing structure (14, Fig: 2);
a manual brake pressure port (8, 46.1, Fig: 2) that receives a driver's brake demand pressure component;
an electropneumatic brake pressure port (32, Fig: 2) that receives an electropneumatic brake pressure component from at least one independent pressure source (154, 156, Fig: 2); and
a relay valve (52, Fig: 2) comprising a control port (52.3, Fig: 2), a supply port (52.1, Fig: 2), an outlet port (52.2, Fig: 2), and a relief port (52.4, Fig: 2),
wherein the control port (52.3) receives at least one of the driver's brake demand pressure component and the electropneumatic brake pressure component either directly or indirectly from the manual brake pressure port or the electropneumatic brake pressure port (52.1) and enables a fluid connection between the supply port (52.1) and the outlet port (52.4, [0050], Fig: 2) in an activated state, wherein the relay valve (52) connects the outlet port (52.2) to the relief port (52.4) when the relay valve is in an inactivated state and/or when there is no control pressure at the control port ([0050], Fig: 2), and
wherein, the electropneumatic trailer control module (1, Fig: 2) further comprises:
a spring-supported electropneumatic input valve (64) with at least two ports and being capable of switching between two positions, including an open position and a closed position, wherein the spring-supported electropneumatic input valve (46) is retained in the open position when there is no electronic activation of the spring-supported electropneumatic input valve (The third electropneumatic control valve 46 is biased in a supply position (shown in FIG: 2) when the thire electropneumatic control valve 46 is de-energized, [0046], Fig: 2), and wherein the spring-supported electropneumatic input valve (46) is connected to the manual brake pressure port (8) for receiving the driver's brake demand pressure component (Redundancy pressure pBR provided to the redundancy connection 8 is then supplied to the pilot control working port 40 via the third electropneumatic control valve 46, [0049], Fig: 2); and
a tractor protection module (54, tractor protection valve, [0051], Fig: 2) provided within the housing structure (14) of the electropneumatic trailer control module (1, Fig: 2).
As per claim 2, Drelich discloses wherein the tractor protection module (1) is positioned at a fluid path established between a connecting line leading from the outlet port (52.2) of the relay valve (52) and a control pressure coupling head (6, 152, Fig: 2).
As per claim 3, Drelich discloses a select-high valve (38, Fig: 2), wherein the select-high valve is configured to receive the pressure from two independent pressure sources (154, 156, Fig: 2) and provide an output pressure component which is one of the two independent pressure sources and which has a higher magnitude of pressure in comparison to the other (A check valve 38 is arranged between the primary supply lines 34a, 34b and the secondary supply line 36 such that the higher pressure of pressures provided to the air supply connection 2a and 2b respectively is provided to the secondary supply line 36, [0045], Fig: 2).
As per claim 4, Drelich discloses wherein the output pressure component is connected to the supply port (38, Fig: 2) of the relay valve (52) and, at the same time, forms the electropneumatic brake pressure component that reaches the electropneumatic brake pressure port (Fig: 2).
As per claim 5, Drelich discloses wherein the electropneumatic trailer control module (1) further comprises an electropneumatic brake pressure inlet valve (42, Fig: 2) that is electronically controlled and spring-supported, and wherein the electropneumatic brake pressure inlet valve (42) includes two ports (42.1, 42.2, Fig: 2) and switches between two positions, including an open position and a closed position, and assumes the closed position as a default position.
As per claim 6, Drelich discloses wherein the electropneumatic trailer control module (1) further comprises an exhaust solenoid valve (44, Fig: 2) that is electronically controlled and spring-supported, wherein the exhaust solenoid valve (44) includes two ports (44.1, 44.2, Fig: 2) and switches between two positions, including an open position and a closed position, and assumes the closed position as a default position, and wherein the exhaust solenoid valve (44) connects the pressure component at the control port (52.3, Fig: 2) of the relay valve (52) to an exhaust or relief port (16, Fig: 2) when the exhaust solenoid valve (44) is in the open position or is electronically energized ([0048], Fig: 2).
As per claim 7, Drelich discloses wherein the tractor protection module (54) is configured to connect the fluid path leading to the control pressure coupling head (6, 152, Fig: 2) with an exhaust path (16) when in a deactivated or closed state and to connect the outlet port (52.2) of the relay valve (52) to the control pressure coupling head (152) when in an activated or open state ([0053], Fig: 2).
As per claim 8, Drelich discloses wherein the tractor protection module (1) comprises a tractor protection control port (54.3, Fig: 2) for receiving trailer brake pressure via a trailer brake pressure port (10, Fig: 2).
As per claim 9, Drelich discloses wherein the tractor protection module (1) is a spring-supported pneumatically operated valve (Electropneumatic Trailer Control Module, Title).
As per claim 10, Drelich discloses wherein the tractor protection module (1) includes
a control chamber (88, Fig: 4) for receiving the control pressure from the tractor protection control port (54.3, [0057], Fig: 2, 4);
a piston (76, Fig: 4) configured to linearly reciprocate on receiving the control pressure (Fig: 4);
an intermediate supply chamber (Attached figure and Fig: 4) connected to the outlet port (52.2 to 54.1, Fig: 2, 4) of the relay valve (52); and
an outlet chamber (Attached figure and Fig: 4) connected to an outlet line (54.4, Fig: 2, 4), wherein the outlet line (54.4) leads to the control pressure coupling head (6, 152, Fig: 2), and
wherein, when the control chamber (88) receives the control pressure from the tractor protection control port (54.3), the piston (76) is configured to linearly reciprocate such that a fluid connection between the intermediate supply chamber and the outlet chamber is established so that the pressurized fluid can reach the control pressure coupling head (6, 152, [0053], Fig: 2).
As per claim 11, Drelich discloses wherein the tractor protection module (1) further comprises a spring (74, Fig: 4) to bias the piston (76) into a closed position such that, without the control pressure at the control chamber (88), no fluid connection between the intermediate supply chamber and the outlet chamber can be or is allowed to be established ([0053], Attached figure and Fig: 3).
As per claim 12, Drelich discloses wherein the tractor protection module (1) further includes a sealing element (82.5, Fig: 4) associated with the piston (76) to sealingly separate the intermediate supply chamber from the outlet chamber, when there is no control pressure received at the control chamber ([0053], [0056] and [0057], Fig: 2, 4).
As per claim 13, Drelich discloses wherein the tractor protection module (1) further comprises at least one tubular support member (Attached figure and Fig: 4) for aligning the piston (76) in a linear position and/or for limiting misalignment of the piston (216; 416) in relation to the orientation of the tractor protection module (Attached figure and Fig: 4).
As per claim 14, Drelich discloses wherein the tractor protection module (1) is designed as a pneumatically operated valve with three ports (54.1, 54.2, 54.4, Fig: 2) and one control port (54.3, Fig: 2) and capable of being switched into two positions including an open position and a closed position.
As per claim 15, Drelich discloses wherein the piston (76) includes a first slot (Attached figure and Fig: 4) comprising a sealing element (82.4, Fig: 4) for fluidically separating the outlet chamber (Attached figure and Fig: 4) from an exhaust or relief port (54.4, Fig: 4) when there is pressure in the control port (54.3, Fig: 4) and/or the control chamber (88, Fig: 4).
As per claim 16, Drelich discloses wherein the tubular support (Attached figure and Fig: 4) includes a slot (Attached figure and Fig: 4) comprising a sealing element (82.3, Fig: 4) for fluidically separating the outlet chamber (Attached figure and Fig: 4) from an exhaust or relief port (54.4, Fig: 4) when there is pressure in the control port (54.3, Fig: 4) and/or the control chamber (88, Fig: 4).
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As per claim 18, Drelich discloses wherein the spring- supported electropneumatic input valve (46, Fig: 2) comprises exactly two ports, including an input port (46.1, Fig: 2) and an output port (46.2, Fig: 2), and is configured to change between only two positions, including an open position and a closed position, wherein the output port (104.2) is connected to the control port of the relay valve (via line 50, Fig: 2).
As per claim 20, Drelich discloses wherein the select-high valve (38) is a double check valve (Fig: 2).
Allowable Subject Matter
Claims 17 and 19 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 fails to disclose wherein the piston includes at least one leaking feature to enable flow of pressurized fluid from the outlet chamber towards an exhaust or relief port when there is no pressure received in the control chamber and wherein the tubular support member further comprises a leaking feature in the form a gap, wherein the gap enables connection between the existing space established between the piston and the tubular support member below the level of the gap and another chamber.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 and 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 18/218,194 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because “Tralier Control Module With Tractor Protection Function of claims 1-14 and 18 of instant application are encompassed by claims 1-15 of us patent application 18/218,194.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A: Van Thiel (US – 2022/0250599 A1),
B: Brutt et al. (US – 2021/0300311 A1),
C: Brutt et al. (US – 2020/0223414 AS1),
D: Van Thiel (US – 2020/0079341 A1),
E: Laskaway (US – 11,661,047 B2), ND
F: Klostermann Thilo (DE – 102019130762 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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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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