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 § 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 1-10 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.
Regarding independent claim 1, the phrase “a first brake device provided on two wheels of the automobile, respectively,” is indefinite because it’s unclear whether a first brake device is provided on each of the two wheels (i.e. a plurality of first brake devices), or alternatively, that a single first brake device is provided on the two wheels (i.e. a single first brake device is provided on one of the two wheels). For purposes of examination, this phrase will be interpreted as requiring a plurality of first brake devices – one on each of the two wheels.
Regarding independent claim 1, the phrase “a second brake device provided on other two wheels of the automobile, respectively,” is indefinite because it’s unclear whether a second brake device is provided on each of the two wheels (i.e. a plurality of second brake devices), or alternatively, that a single second brake device is provided on the two wheels (i.e. a single second brake device is provided on one of the two wheels). For purposes of examination, this phrase will be interpreted as requiring a plurality of second brake devices – one on each of the two wheels.
Regarding claim 2, the phrase “the first brake device provided on two front wheels of the automobile, respectively,” is indefinite because it’s unclear whether a first brake device is provided on each of the two front wheels (i.e. a plurality of first brake devices), or alternatively, that a single first brake device is provided on the two front wheels (i.e. a single first brake device is provided on one of the two front wheels). For purposes of examination, this phrase will be interpreted as requiring a plurality of first brake devices – one on each of the two front wheels.
Regarding independent claim 2, the phrase “the second brake device provided on two rear wheels of the automobile, respectively,” is indefinite because it’s unclear whether the second brake device is provided on each of the two rear wheels (i.e. a plurality of second brake devices), or alternatively, that a single second brake device is provided on the two rear wheels (i.e. a single second brake device is provided on one of the two rear wheels). For purposes of examination, this phrase will be interpreted as requiring a plurality of second brake devices – one on each of the two rear wheels.
Regarding claim 12, the phrase “a plurality of normal open-type solenoid valves and normal closed-type solenoid valves provided on upstream and downstream sides of the first brake device” is indefinite because it is unclear whether a plurality of valves are provided upstream of the first brake device and a plurality of valves are provided downstream of the first brake, or alternatively, that one valve is provided upstream of a first one of the first brake and one valve is provided downstream of the first one of the first brake and also that one valve is provided upstream of a second one of the first brake and one valve is provided downstream of the second one of the first brake, thereby constituting a plurality of upstream valves and a plurality of downstream valves.
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.
Claims 1-3, 5 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ying et al. (US 2023/0001905).
Regarding independent claim 1, Ying discloses a brake system for automobile (see Abstract, FIG. 1), comprising: a first brake device (402) provided on two wheels (401) of the automobile, respectively (see FIG. 1), to perform a braking operation by either transmitted hydraulic pressure or a first electro-mechanical actuator built thereinto (see ¶ 0051); a second brake device (502) provided on other two wheels (501) of the automobile, respectively, to perform the braking operation by a second electro-mechanical actuator built thereinto (see ¶ 0060); a reservoir (201) in which a pressurized medium is stored (see ¶ 0050); a master cylinder device (202) connected to the reservoir and generating the hydraulic pressure corresponding to a displacement of a brake pedal (1) (see ¶ 0051); a hydraulic circuit (3, 8, 9) controlling the hydraulic pressure transmitted from the master cylinder device to the first brake device (see ¶ 0051); and an electronic control unit (7) controlling the first electro-mechanical actuator, the second electro-mechanical actuator and the hydraulic circuit, respectively, so that the first brake device and the second brake device generate braking force in response to the displacement of the brake pedal (see ¶¶ 0050, 0051, 0059).
Regarding claim 2, Ying discloses that the first brake device is provided on two front wheels of the automobile (see ¶ 0051), respectively, and the second brake device is provided on two rear wheels of the automobile, respectively (see ¶ 0060).
Regarding claim 3, Ying discloses that the first brake device is provided on two rear wheels of the automobile, respectively (see ¶ 0009, the rear wheels are connected to the hydraulic assembly), and the second brake device is provided on two front wheels of the automobile, respectively (see ¶ 0009).
Regarding claim 5, Ying discloses that the master cylinder device further includes a return spring that provides restoring force according to the advance and retreat of the piston (see FIG. 1).
Regarding independent claim 19, Ying discloses a brake system for automobile (see Abstract, FIG. 1), comprising: a first brake device (402) provided on two wheels (401) of the automobile, respectively (see FIG. 1), to perform a braking operation by transmitted hydraulic pressure (see ¶ 0051); a second brake device (502) provided on other two wheels (501) of the automobile, respectively, to perform the braking operation by an electro-mechanical actuator built thereinto (see ¶ 0060); a reservoir (201) in which a pressurized medium is stored (see ¶ 0050); a master cylinder device (202) connected to the reservoir and generating the hydraulic pressure corresponding to a displacement of a brake pedal (1) (see ¶ 0051); a hydraulic circuit (3, 8, 9) controlling the hydraulic pressure transmitted from the master cylinder device to the first brake device (see ¶ 0051); and an electronic control unit (7) controlling the electro-mechanical actuator and the hydraulic circuit, respectively, so that the first brake device and the second brake device generate braking force in response to the displacement of the brake pedal (see ¶¶ 0050, 0051, 0059).
Claims 1, 2 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baumann et al. (US 7,364,021).
Regarding independent claim 1, Baumann discloses a brake system for automobile (see Abstract, FIG. 2), comprising: a first brake device (10) provided on two wheels of the automobile, respectively (see FIG. 2), to perform a braking operation by either transmitted hydraulic pressure or a first electro-mechanical actuator built thereinto (see col. 3, lines 47-54); a second brake device (54) provided on other two wheels of the automobile, respectively (see FIG. 2), to perform the braking operation by a second electro-mechanical actuator built thereinto (see col. 6, lines 11-15); a reservoir in which a pressurized medium is stored (see FIG. 2, reservoir attached to and located above master cylinder (56)); a master cylinder device (56) connected to the reservoir and generating the hydraulic pressure corresponding to a displacement of a brake pedal (58) (see col. 6, lines 15-18); a hydraulic circuit (66) controlling the hydraulic pressure transmitted from the master cylinder device to the first brake device (see col. 6, lines 15-18); and an electronic control unit (62) controlling the first electro-mechanical actuator, the second electro-mechanical actuator and the hydraulic circuit, respectively, so that the first brake device and the second brake device generate braking force in response to the displacement of the brake pedal (see col. 6, lines 35-54).
Regarding claim 2, Baumann discloses that the first brake device is provided on two front wheels of the automobile (see col. 6, lines 8-11), respectively, and the second brake device is provided on two rear wheels of the automobile, respectively (see col. 6, lines 8-11).
Regarding independent claim 19, Baumann discloses a brake system for automobile (see Abstract, FIG. 2), comprising: a first brake device (10) provided on two wheels of the automobile, respectively (see FIG. 2), to perform a braking operation by transmitted hydraulic pressure (see col. 3, lines 47-54); a second brake device (54) provided on other two wheels of the automobile, respectively (see FIG. 2), to perform the braking operation by an electro-mechanical actuator built thereinto (see col. 6, lines 11-15); a reservoir in which a pressurized medium is stored (see FIG. 2, reservoir attached to and located above master cylinder (56)); a master cylinder device (56) connected to the reservoir and generating the hydraulic pressure corresponding to a displacement of a brake pedal (58) (see col. 6, lines 15-18); a hydraulic circuit (66) controlling the hydraulic pressure transmitted from the master cylinder device to the first brake device (see col. 6, lines 15-18); and an electronic control unit (62) controlling the electro-mechanical actuator and the hydraulic circuit, respectively, so that the first brake device and the second brake device generate braking force in response to the displacement of the brake pedal (see col. 6, lines 35-54).
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.
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.
Claims 4-10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ying et al. (US 2023/0001905), as applied to claims 1 and 19, above, and further in view of Kim et al. (US 2022/0176927).
Regarding claim 4, Ying discloses that the master cylinder device includes: a cylinder (202) including an internal space having one side connected to the reservoir and the other side connected to the hydraulic circuit and in which the pressurized medium is stored (see FIG. 1); a piston provided so that at least a portion of the piston advances and retreats inside the cylinder by the brake pedal to discharge the pressurized medium stored in the internal space of the cylinder to the hydraulic circuit (see FIGS. 1, 2).
Ying does not disclose a feeling damper provided to be compressible as the piston advances and retreats.
Kim teaches a brake system for an automobile (see Abstract, FIG. 1) comprising a master cylinder device (100) and a feeling damper (111) provided to be compressible as a piston (130) advances and retreats (see e.g. ¶¶ 0034, 0035).
It would have been obvious to replace the simulator (6) of Ying with the internal pedal simulator of Kim, which includes the feeling damper, to provide a reaction force against the pressing to the driver to provide a stable pedal feel, and at the same time pressurize and discharge the pressurized medium accommodated therein (see Kim, ¶ 0029), while also providing a compact master cylinder and pedal simulator combination.
Regarding claim 6, Kim discloses that the cylinder further includes a simulator port (108) that discharges the pressurized medium stored in the internal space to the reservoir by the advance and retreat of the piston (see ¶ 0072).
Regarding claim 7, Kim discloses that the master cylinder device further includes a simulator valve (14) that is provided in a simulator passage (15) connecting the simulator port (108) and the reservoir (10) (see FIG. 1).
Regarding claim 8, Kim discloses that the electronic control unit switches the simulator valve to an open state while master cylinder pressure is not delivered to the wheel cylinder (see ¶ 0046). Combining the teachings of Kim with Ying would result in opening the simulator valve when driving the first electro-mechanical actuator because when the first electro-mechanical actuator is used, the fluid pressure of the master cylinder is not delivered to the wheel cylinder.
Regarding claim 9, Kim discloses that the simulator valve is provided as a normal closed-type solenoid valve (see ¶ 0046).
Regarding claim 10, Kim discloses that the electronic control unit switches the simulator valve to a closed state while driving the first brake device by the hydraulic pressure (see e.g. ¶ 0071, disclosing that the valve is opened in normal operation (i.e. fluid is not delivered from the master cylinder to the wheel cylinder), thereby implying the valve is closed in an abnormal condition when fluid is delivered from the master cylinder to the wheel cylinder (see e.g. ¶ 0065)).
Regarding claim 20, Ying discloses that the master cylinder device includes: a cylinder (202) including an internal space having one side connected to the reservoir and the other side connected to the hydraulic circuit and in which the pressurized medium is stored (see FIG. 1); a piston provided so that at least a portion of the piston advances and retreats inside the cylinder by the brake pedal to discharge the pressurized medium stored in the internal space of the cylinder to the hydraulic circuit (see FIGS. 1, 2).
Ying does not disclose a feeling damper provided to be compressible as the piston advances and retreats.
Kim teaches a brake system for an automobile (see Abstract, FIG. 1) comprising a master cylinder device (100) and a feeling damper (111) provided to be compressible as a piston (130) advances and retreats (see e.g. ¶¶ 0034, 0035).
It would have been obvious to replace the simulator (6) of Ying with the internal pedal simulator of Kim, which includes the feeling damper, to provide a reaction force against the pressing to the driver to provide a stable pedal feel, and at the same time pressurize and discharge the pressurized medium accommodated therein (see Kim, ¶ 0029), while also providing a compact master cylinder and pedal simulator combination.
Claims 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Baumann et al. (US 7,364,021), as applied to claim 1, above, and further in view of Cheong (US 2003/0146659).
Regarding claim 11, Baumann does not disclose that the hydraulic circuit includes a plurality of valves disposed in a passage connecting the master cylinder device and the first brake device, and the electronic control unit controls the plurality of valves so that the pressurized medium discharged from the master cylinder device is transmitted to the first brake device based on the displacement of the brake pedal to generate the braking force.
Cheong teaches a brake system for an automobile (see Abstract, FIG. 1) comprising a hydraulic circuit (see FIG. 1), the hydraulic circuit includes a plurality of valves (2a, 2b) disposed in a passage connecting a master cylinder device (5) and a first brake device (1), and an electronic control unit (see ¶ 0006, “electronic control unit”) controls the plurality of valves so that the pressurized medium discharged from the master cylinder device is transmitted to the first brake device based on the displacement of the brake pedal to generate the braking force (see ¶¶ 0006, 0037).
It would have been obvious to combine the hydraulic circuit of Cheong, including the plurality of valves, with the device of Baumann to provide the capability of performing antilock braking, traction control and electronic stability programs (see e.g. Cheong, ¶ 0005).
Regarding claim 12, Cheong discloses that the plurality of valves includes a plurality of normal open-type solenoid valves (2a) and normal closed-type solenoid valves (2b) provided on upstream and downstream sides of the first brake device (see FIG. 1), respectively, to control a flow of the hydraulic pressure (see ¶ 0007).
Regarding claim 13, Cheong teaches that the hydraulic circuit includes: a low-pressure accumulator (3) temporarily storing the pressurized medium discharged from the first brake device when controlling an anti-lock brake mode (see ¶ 0008); a pump (4) pressing the pressurized medium stored in the low-pressure accumulator and discharging the pressurized medium to the first brake device connected through a hydraulic passage (7a) or the master cylinder device connected through a main passage (see FIG. 1); and a pump motor (M) that drives the pump (see FIG. 1).
Regarding claim 14, Cheong teaches that the hydraulic circuit further includes: a shuttle valve (6) provided on an auxiliary passage connected from the master cylinder device to an inlet side of the pump for a traction control mode (see FIG. 1); and a traction control valve (7) provided on a main passage connected between an outlet side of the pump and the master cylinder device (see FIG. 1).
Regarding claim 15, Cheong discloses that the shuttle valve is provided as a normal closed-type solenoid valve (see ¶ 0010).
Regarding claim 16, Cheong discloses that the traction control valve is provided as a normal open-type solenoid valve (see FIG. 1, “NO TC”).
Regarding claim 17, Cheong discloses that the electronic control unit controls the shuttle valve, the traction control valve, and the pump motor to perform control of the anti-lock brake mode or the traction control mode (see e.g. ¶¶ 0008, 0009).
Regarding claim 18, the combination of the teachings of Cheong with Baumann would result in the electronic control unit switches the traction control valve to an open state while driving the first electro-mechanical actuator. For example, Baumann discloses that while the first electro-mechanical actuator is being driven, hydraulic pressure is delivered from the master cylinder to the wheel cylinder (see col. 5, lines 49-67). One of ordinary skill in the art would recognize that delivering fluid from the master cylinder to the wheel cylinder in Cheong would require opening the traction control valve (see e.g. FIG. 1, traction control valve (7) is located between master cylinder (5) and wheel cylinder (1)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 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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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
September 29, 2026
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