DETAILED ACTION
Information Disclosure Statement
The Information disclosure statement has been received and considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the ‘actuator’ as claimed in claims 1 and 14 (see lines 6 and 4 respectively of these claims) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference numbers mentioned in the description: 1000, 1200, 1300, 1400, 1600 etc. . Where are these features shown in the drawings?
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 14 it is unclear from the specification and drawings what ‘actuator’ applicant’s are claiming. See lines 6 and 4 of these claims, respectively.
Claim 12 it is unclear from the specification and drawings how the hydraulic braking device 1000 (1000—which has not been indicated in the drawings) is ‘provided in a wheel cylinder of two wheels”.
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 1-20 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 1 line 6 it is unclear what/which ‘actuator’ applicants are claiming since a “plurality of actuators” was previously claimed on line 2.
Claim 14 contains the same problem.
Claim 4 it is unclear how a simulator valve can include ‘first’ and ‘second’ simulator valves. This is confusing as it becomes unclear how many simulator valves applicant intends to claim and at least one of them has been doubly claimed from claim 2.
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) 1-6,12-15,18 is/are rejected under 35 U.S.C. 102A1 as being anticipated by KIM et al U.S. 2022/0227344.
Regarding claims 1,14 subject to the 112 1st paragraph rejection above (and as best understood) Kim shows in figures 13-15 one of applicant’s prior electronic brake systems (with which they are well familiar) including:
An electronic brake system comprising: a plurality of actuators 21-24 provided in a plurality of wheels, respectively and providing power for braking; and a hydraulic braking device 3000 providing braking force by a hydraulic pressure to at least one wheel cylinder 21-24 of the plurality of wheels when the actuator 1300 is inoperable, wherein the hydraulic braking device includes a reservoir 1100 storing a pressing medium, a master cylinder 1300 including a master piston 1240 (or 1220) connected (directly or indirectly) to a brake pedal 10, a master chamber 1220a,1220b,1230a, 1240a of which a volume is varied by displacement of the master piston 1220 or 1240, and a pedal simulator 1230-1250 disposed inside the master chamber 1220a,1220b,1230a, 1240a and providing a pedal feeling through an elastic restoration force generated during compression, a connection path 1610,1620 connecting the master chamber and the wheel cylinder 23 or 24, and a cut valve 1611 or 1621 provided in the connection path 1610 or 1620, and controlling a flow of the pressing medium between the master cylinder and the wheel cylinder.
Regarding claim 2 note the reservoir path at 1260 and the simulator valve at 1261.
Regarding claim 3, as broadly claimed, Kim shows a first reservoir path 1260 provided with the simulator valve 1261 and a second reservoir path (line connecting 1720 to 1740 or the line at 3270) branched between the reservoir 1100 and the simulator valve 1261; and the master cylinder includes a first hydraulic port 1280a communicating the master chamber and the first reservoir path 1260 with each other, a second hydraulic port 1280e or 1280g communicating the master chamber and the connection path with each other, and a third hydraulic port 1280d communicating the master chamber and the second reservoir path with each other.
Regarding claim 4, as broadly claimed, note the second reservoir path at 3270 and the second simulator valve at 3271.
Regarding claims 5,6 note the sealing members at 1290.
Regarding claim 12, subject to the 112 1st rejection above (and as best understood) these limitations are considered to be met.
Regarding claim 13 note pedal displacement sensor 11.
Regarding claim 15, as broadly claimed, these limitations are capable of being met.
Regarding claim 18 note the functioning of the pressure sensor PS.
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.
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) 7,8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Yun 10,099,671.
Regarding claims 7 and 8 Kim (figure 13) lacks specifically showing a pressure sensor provided in the connection lines 1610 or 1620 and between the cut valves 1611 or 1621 and wheel cylinders 21-24.
Yun shows such pressure sensors at PS11 or PS12 provided in the connection paths 251,252 and between the cut valves 261,262 and wheel cylinders 40.
One having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added pressure sensors to the connection paths 1610 or 1620 in Kim, as claimed, since such sensors are well known components of an electronic brake system that measure real-time hydraulic pressure so that braking systems can monitor performance, modulate brake force, and enable safety features like ABS and traction control.
Allowable Subject Matter
Claims 6, 9-11,16,17,19,20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rob 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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/CHRISTOPHER P SCHWARTZ/ Primary Examiner, Art Unit 3616
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