DETAILED ACTION
The following is a first action on the merits of application serial no. 18/763995 filed 7/3/2024.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed 7/3/24 and 4/7/25 have been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the legal phraseology “comprised and comprising” in lines 1, 3, 6 and 8 should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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:
-“a first backward voltage prevention element (generic placeholder) connected between the first valve drive circuit and a power source of the first valve drive circuit and configured to block backward voltage generated at a power source side of the first valve drive circuit (function)”; ………..a second backward voltage prevention element (generic placeholder) connected between the second valve drive circuit and a power source of the second valve driving circuit and configured to block backward voltage generated at a power source side of the second valve drive circuit (function)” in claim 1. Further claims 4, 5, 7, 9, 11, 12, 15, 17 and 19 have similar claim limitations also being interpreted under 35 U.S.C. 112(f).
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
-Claim 12 recites the limitation “a second backward voltage prevention element connected between a second power source and the second valve drive circuit and the second parking drive circuit, which are in parallel……” in lines 21-23. Per lines 9-11 of this claim and what is disclosed in the specification on page 8, lines 6-7 and 14-16, the valve drive circuits and parking drive circuits are “connected in parallel” and are not just “parallel” as recited, please clarify and amend accordingly. Further claims 15 and 17 have similar claim limitations (via specification on page 9, lines 19-21 and page 10, lines 9-11) that should be clarified and amended accordingly as well.
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) 1-3 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102016002676 (IDS cited art with machine translation). As to claim 1, DE discloses an apparatus for brake control, comprising: a first valve group comprising one or more first valves (14) included in a hydraulic circuit configured to supply hydraulic pressure for braking of a vehicle; a first valve drive circuit (19) configured to drive the one or more first valves comprised in the first valve group; a first backward voltage prevention element (22) connected between the first valve drive circuit and a power source (11) of the first valve drive circuit and configured to block backward voltage generated at a power source side of the first valve drive circuit; a second valve group included in the hydraulic circuit and comprising one or more second valves (15); a second valve drive circuit (20) configured to drive the one or more second valves comprised in the second valve group; and a second backward voltage prevention element (23) connected between the second valve drive circuit and a power source of the second valve driving circuit and configured to block backward voltage generated at a power source side of the second valve drive circuit.
As to claim 2, wherein half of a plurality of valves included in the hydraulic circuit are the one or more first valves comprised in the first valve group (14, page 5, lines 33-36) and remaining half of the plurality of valves included in the hydraulic circuit are the one or more second valves comprised in the second valve group (15, page 5, lines 33-36).
As to claim 3, wherein at least one of the first backward voltage prevention element and the second backward voltage prevention element comprises a diode and/or a metal-oxide-semiconductor field-effect transistor (abstract, lines 3-4).
As to claim 20, wherein the power source of the first valve drive circuit and the power source of the second valve driving circuit are a same single power source (11) or different power sources.
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.
Claim(s) 1-3, 6, 8 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2021172274 (with machine translation) in view of DE. As to claim 1, JP discloses an apparatus for brake control, comprising: a first valve group comprising one or more first valves (52, 53, 54 controlling brakes FL and RR) included in a hydraulic circuit configured to supply hydraulic pressure for braking of a vehicle; a first valve drive circuit (via 20, page 4, lines 3-5) configured to drive the one or more first valves comprised in the first valve group from power supply from a power source (Bt); a second valve group included in the hydraulic circuit and comprising one or more second valves (52, 53, 54 controlling brakes RL and FR) and a second valve drive circuit (via 20, page 4, lines 3-5) configured to drive the one or more second valves comprised in the second valve group from power supply from a power source (Bt). However, JP doesn’t disclose the valve circuits having a first backward voltage prevention element connected between the first valve drive circuit and a power source of the first valve drive circuit and configured to block backward voltage generated at a power source side of the first valve drive circuit and a second backward voltage prevention element connected between the second valve drive circuit and a power source of the second valve driving circuit and configured to block backward voltage generated at a power source side of the second valve drive circuit.
DE discloses an apparatus for brake control, comprising: a first valve group comprising one or more first valves (14) included in a hydraulic circuit configured to supply hydraulic pressure for braking of a vehicle; a first valve drive circuit (19) configured to drive the one or more first valves comprised in the first valve group; a first backward voltage prevention element (22) connected between the first valve drive circuit and a power source (11) of the first valve drive circuit and configured to block backward voltage generated at a power source side of the first valve drive circuit; a second valve group included in the hydraulic circuit and comprising one or more second valves (15); a second valve drive circuit (20) configured to drive the one or more second valves comprised in the second valve group; and a second backward voltage prevention element (23) connected between the second valve drive circuit and a power source of the second valve driving circuit and configured to block backward voltage generated at a power source side of the second valve drive circuit.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the first and second valve drive circuit in JP with a first and second voltage prevention element between power source and drive circuit in view of DE to prevent reverse current flow that can damage battery and enhance safety by reducing risk of short circuits during electrical operation of brake control.
As to claim 2, JP in view of DE discloses wherein half of a plurality of valves included in the hydraulic circuit are the one or more first valves comprised in the first valve group (DE, 14, page 5, lines 33-36) and remaining half of the plurality of valves included in the hydraulic circuit are the one or more second valves comprised in the second valve group (DE, 15, page 5, lines 33-36).
As to claim 3, JP in view of DE discloses wherein at least one of the first backward voltage prevention element and the second backward voltage prevention element comprises a diode and/or a metal-oxide-semiconductor field-effect transistor (DE, abstract, lines 3-4).
As to claim 6, JP discloses a motor (800) having a first winding and a second winding (within 800 as shown in Figure 5) and configured to generate hydraulic pressure to be supplied to the hydraulic circuit; a first motor drive circuit configured to control electric power supplied to the first winding of the motor (any of MmU, V or W); and a second motor drive circuit configured to control electric power supplied to the second winding of the motor (any of MmU, V or W).
As to claim 8, JP discloses a first parking brake motor (710) arranged separately from the hydraulic circuit (as shown in Figure 1) and configured to generate at least a part of braking force for parking the vehicle; a first parking drive circuit (MU1) configured to drive the first parking brake motor; a second parking brake motor (720) arranged separately from the hydraulic circuit and the first parking brake motor (as shown in Figure 1) and configured to generate at least a part of the braking force for parking the vehicle; and a second parking drive circuit (MV2) configured drive the second parking brake motor.
As to claim 20, JP in view of DE discloses wherein the power source of the first valve drive circuit and the power source of the second valve driving circuit are a same single power source (DE, 11) or different power sources (JP, Bt and C).
Allowable Subject Matter
Claim 12 (including claims 13-19) would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Reasons for allowance will not be indicated at this time per response from applicant pertaining to 112(b) rejection.
Claims 4, 5, 7, 9-11 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-(as to claim 4 in combination with the limitations exactly as written in claim 1)….. a first preliminary valve drive circuit configured to drive the one or more first valves comprised in the first valve group in response to failure of the first valve drive circuit; and a first preliminary backward voltage prevention element connected between the first preliminary valve drive circuit and a power source of the first preliminary valve drive circuit and configured to block backward voltage generated at a power source side of the first preliminary valve drive circuit.
-(as to claim 7 in combination with limitations exactly as written in claims 1 and 6)…. a first motor backward voltage prevention element connected between the first motor drive circuit and a power source of the first motor drive circuit and configured to block backward voltage caused by the first motor driving circuit; and a second motor backward voltage prevention element connected between the second motor drive circuit and a power source of the second motor drive circuit and configured to block backward voltage caused by the second motor drive circuit.
-(as to claim 9 in combination with limitations exactly as written in claims 1 and 8)…. a first parking backward voltage prevention element connected between the first parking drive circuit and a power source of the first parking drive circuit and configured to block backward voltage generated at a power source side of the first parking drive circuit; and a second parking backward voltage prevention element connected between the second parking drive circuit and a power source of the second parking drive circuit and configured to block backward voltage generated at a power source side of the second parking drive circuit.
-(as to claim 10 in combination with limitations exactly as written in claims 1 and 8)…. a first preliminary parking drive circuit configured to drive the first parking brake motor in response to failure of the first parking drive circuit or together with the first parking drive circuit; and a second preliminary parking drive circuit configured to drive the second parking brake motor in response to failure of the second parking drive circuit or together with the second parking drive circuit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-The EP office action has been considered and the examiner agrees that the prior art determined as novelty does meet the limitations of at least claims 1-3 and 20 in present application.
-Heckler et al 20200406879 (Figure 6) discloses a brake control apparatus and shows that it is well known in the art to provide backward voltage prevention elements between a power source and solenoids of valves (which can meet limitations of at least claims 1-3 and 20 considering solenoids can be considered valve drive circuits).
-JP 2021172274 (Figures 25-29) shows that it is well known in the art to provide two coaxial backward voltage prevention elements between a power source and brake motor and parking brake motor drive circuits. However the elements are not connected in the form of first and second elements between the power source and each drive circuit as recited.
-DD 301184 (Figures 1 and 2) discloses a brake control apparatus and shows that it is well known in the art to provide backward voltage prevention elements parallel to valve and valve drive circuits.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 June 27, 2026
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