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 .
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 9 of U.S. Patent No. 12,084,012. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Regarding Claim 1 of the instant application, Claims 1, 8, and 9 of the ‘012 patent disclose most all the features of the instant invention including a vehicle axle having hydraulically operating wheel brakes and braking system components including: one or more pressure supply devices configured to control pressure in the wheel brakes, wherein a pressure supply device of the one or more pressure supply devices is driven by an electric motor and has at least one electronic control and regulating unit, at least one superordinate central control unit, at least one electric drive motor configured to drive and brake a vehicle wheel or the vehicle axle, wherein the superordinate central control unit is configured to control the electric drive motor such that a supporting braking force is generated by means of the drive motor, and/or the superordinate central control unit is configured to control the one or more pressure supply devices to control steering of at least one vehicle axle.
However, the ‘012 patent does not disclose that the at least one superordinate central control unit is configured to control respective control and regulating units of the braking system components as claimed in Claim 1 of the instant application.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the superordinate central control unit of the vehicle axle of the ‘012 patent with control means for controlling the control and regulating units of the braking system components as claimed in the instant application in order to centralize the control of the vehicle axle to simplify the overall design structure to provide a more dynamic and precise control of the hydraulic braking system.
Regarding Claim 2 of the instant application, see Claim 1 of the ‘012 patent.
Regarding Claim 3 of the instant application, see Claim 1 of the ‘012 patent.
Claims 1, 5, 7, 10, 13, 20, and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 6, 7, 17, and 18 of U.S. Patent No. 12,263,819. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Regarding Claim 1 of the instant application, Claim 1 of the ‘819 patent discloses most all the features of the instant invention including a vehicle axle having hydraulically operating wheel brakes and braking system components including: one or more pressure supply devices configured to control pressure in the wheel brakes, wherein a pressure supply device of the one or more pressure supply devices is driven by an electric motor and has at least one electronic control and regulating unit, at least one superordinate central control unit, at least one electric drive motor configured to drive and brake a vehicle wheel or the vehicle axle, wherein the superordinate central control unit is configured to control the electric drive motor such that a supporting braking force is generated by means of the drive motor, and/or the superordinate central control unit is configured to control the one or more pressure supply devices to control steering of at least one vehicle axle, and/or the superordinate central control unit is configured to control damping and/or roll stabilization of the vehicle.
However, the ‘819 patent does not disclose that the at least one superordinate central control unit is configured to control respective control and regulating units of the braking system components as claimed in Claim 1 of the instant application.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the superordinate central control unit of the vehicle axle of the ‘819 patent with control means for controlling the control and regulating units of the braking system components as claimed in the instant application in order to centralize the control of the vehicle axle to simplify the overall design structure to provide a more dynamic and precise control of the hydraulic braking system.
Regarding Claim 5 of the instant application, see Claim 7 of the ‘819 patent.
Regarding Claim 7 of the instant application, see Claim 17 of the ‘819 patent.
Regarding Claim 10 of the instant application, see Claim 2 of the ‘819 patent.
Regarding Claim 13 of the instant application, see Claim 6 of the ‘819 patent.
Regarding Claim 20 of the instant application, see Claim 1 of the ‘819 patent.
Regarding Claim 26 of the instant application, see Claim 18 of the ‘819 patent.
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) 1-3, 5, 6, 8, 9, 11, 12, 15-17, 20-26, and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PG Publication No. 2018/0043873 to Tanimoto.
Regarding Claim 1, Tanimoto discloses a vehicle axle having hydraulically operating wheel brakes 54FL, 54FR and braking system components (see Figure 2) including: one or more pressure supply devices 200 (see Figure 2) configured to control pressure in the wheel brakes 54FL, 54FR, wherein a pressure supply device 200 of the one or more pressure supply devices is driven by an electric motor drive 212 and has at least one electronic control and regulating unit 51; at least one superordinate central control unit 39 configured to control respective control and regulating units 36 of the braking system components (i.e. the regenerative brakes described in paragraph 0059); and at least one electric drive motor 38 configured to drive and brake a vehicle wheel or the vehicle axle; wherein: the superordinate central control unit 39 is configured to control the electric drive motor 38 such that a supporting braking force is generated by means of the drive motor 38 (see paragraph 0059).
Regarding Claim 2, Tanimoto further discloses at least of the one or more pressure supply devices 200 is used for regulating and/or providing pressure in at least one additional brake unit in the form of a hydraulically supported electromechanical brake 54FL, 54FR (see paragraph 0062).
Regarding Claim 3, Tanimoto further discloses that the at least one of the pressure supply devices 200 comprises a valve assembly having valves 220,230 for wheel-specifically setting brake pressures and/or for disconnecting the wheel brakes 54FL,54FR from or connecting the wheel brakes 54FL,54FR to the at least one of the pressure supply devices 200 (see Figure 2 and paragraph 0091-0094).
Regarding Claim 5, Tanimoto further discloses a piston-cylinder unit 100 with a piston 120,121,122 and a pressure chamber 140,160,170, operable by an actuation device in the form of a brake pedal 52, which is connected or connectable to at least one hydraulic brake circuit (see Figure 2 and paragraph 0077).
Regarding Claim 6, Tanimoto further discloses that an actuation device with a purely electronic brake pedal 52, which is connected to the superordinate central control unit 39 and only provides sensor signals, is provided (see Figure 2).
Regarding Claim 8, Tanimoto further discloses an actuation device 52 that is electrically connected to the at least one electronic control and regulation unit 51 of at least one of the one or more pressure supply devices 200 (see Figure 1).
Regarding Claim 9, Tanimoto further discloses at least one electric drive motor 38 for several axles (i.e., the front and rear axles of the vehicle) of the vehicle, wherein the at least one electric drive motor 38 is configured for recuperation of braking energy when braking one or more axles or wheels.
Regarding Claim 11, Tanimoto further discloses that the superordinate central control unit 39 is configured to control respective control and regulation units 36 of the braking system components such that a combined use of at least one of the one or more pressure supply devices 200, at least one hydraulically assisted electromechanical brake, at least one electric parking brake and/or at least one electromechanical brake and/or at least one drive motor is carried out to provide an increase in brake force speed and a decrease in time to lock in control operation (see paragraph 0059).
Regarding Claim 12, Tanimoto further discloses that the superordinate central control unit 39 is configured, while braking and using the wheel brakes and/or drive motor(s), to generate different braking torques on the axles for brake force distribution (see paragraph 0064).
Regarding Claim 15, Tanimoto further discloses that the superordinate central control unit 39 is configured to control respective control and regulation units of the braking system components such that torque vectoring is performed using at least one of the one or more pressure supply devices 200 or at least one electric motor 38 (see paragraphs 0058 and 0059).
Regarding Claim 16, Tanimoto further discloses that the superordinate central control unit 39 is configured to control respective control and regulation units of the braking system components such that for steering or torque vectoring, wheel-specific braking regulation is used via at least one drive motor 38 (see paragraphs 0058 and 0059).
Regarding Claim 17, Tanimoto further discloses that exactly one pressure supply device 200 is provided, as well as a valve assembly with valves 220,230 for wheel individual brake pressure adjustment (see Figure 2).
Regarding Claim 20, see Figures 1 and 2 and the rejection of Claim 1 above.
Regarding Claim 21, Tanimoto disclose a wheel module 51 or 39 for a vehicle with a traction motor 38 and a hydraulically supported electromechanical brake 54FL,54FR.
Regarding Claim 22, see pressure supply device 200 driven by an electric motor drive 212 for the vehicle axle according to Claim 1 above.
Regarding Claim 23, see electric motor drive 212 for a pressure supply device 200 for the vehicle axle according to Claim 1 above.
Regarding Claim 24, see an electronic control and regulation unit 51 for a pressure supply device 200 for a vehicle axle according to Claim 1 above.
Regarding Claim 25, see a control unit for use as a superordinate central control unit 39 in the vehicle axle according to Claim 1 above.
Regarding Claim 26, see a vehicle including the vehicle axle according to Claim 1 above (see Figures 1 and 2).
Regarding Claim 28, see a vehicle including the wheel module according to Claim 21 above shown in Figures 1 and 2).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG Publication No. 2018/043873 to Tanimoto in view of PG Publication No. 2015/0042151 to Zimmermann et al.
Regarding Claim 4, Tanimoto discloses most all the features of the instant invention as applied above, and further including a valve control unit 55 connected to the superordinate central control unit 39.
However, Tanimoto does not disclose that the valve control unit is controllable by the superordinate central control unit to actuate the valve assembly.
Zimmermann et al are relied upon merely for their teachings of a vehicle axle assembly having a valve control unit 8 connected to a superordinate central control unit 7 (see Figure 1) and controllable by the superordinate central control unit 7 to actuate a valve assembly (see paragraph 0033).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the vehicle axle of Tanimoto with a valve control unit connected to the superordinate central control unit and controllable by the superordinate central control unit to actuate the valve assembly as taught by Zimmermann et al in order to provide a multi-function capability for the superordinate central control unit to simplify the overall design of the axle assembly and facilitate automatic control of the braking function.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG Publication No. 2018/0043873 to Tanimoto.
Regarding Claim 7, Tanimoto discloses most all the features of the instant invention as applied above, except for an actuation device that forms its own assembly, which is attached to a bulkhead of the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the vehicle axle of Tanimoto with an actuation device that forms its own assembly, which is attached to a bulkhead of the vehicle as a matter of design preference dependent upon overall vehicle space for the actuation device and other such vehicle design constraints.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG Publication No. 2018/043873 to Tanimoto in view of PG Publication No. 2015/0375726 to Roll et al.
Regarding Claim 10, Tanimoto discloses most all the features of the instant invention as applied above, except for at least one of the one or more pressure supply devices including a piston cylinder unit, the piston of which is adjusted via a gear by an electric motor to regulate pressure in the wheel brakes.
Roll et al are relied upon merely for their teachings of a brake system having a pressure supply device 25 having a piston cylinder unit (see Figure 2), the piston 19 of which is adjusted via a gear by an electric motor drive 21 to regulate pressure in the wheel brakes (see paragraph 0039).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the pressure supply device of Tanimoto to be a piston cylinder unit as taught by Roll et al as an alternate equivalent means of generating fluid pressure in the brake system.
Claim(s) 13, 14, 18, 19, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG Publication No. 2018/043873 to Tanimoto in view of PG Publication No. 2004/0015281 to Weiberle.
Regarding Claim 13, Tanimoto discloses most all the features of the instant invention as applied above, except for the superordinate central control unit being configured to also control an electric power steering system.
Weiberle is relied upon merely for his teachings of a vehicle axle having a superordinate central control unit 11 configured to also control an electric power steering system (see paragraphs 0020-0025).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the superordinate central control unit of Tanimoto with the configuration to also control an electric power steering system as taught by Weiberle in order to provide a multi-function capability to the superordinate central control unit to simplify the overall design of the axle assembly and facilitate automatic control of the steering function.
Regarding Claim 14, Weiberle further discloses that the superordinate central control unit 11 is configured to control respective control and regulation units of braking system components such that, using a pressure supply device and/or an electric drive motor, axle specific or wheel specific braking torques at the wheels are generated to provide yaw moments for steering interventions to support an electric power steering system (see paragraphs 0020-0025 and Claim 13 above).
Regarding Claim 18, Tanimoto discloses most all the features of the instant invention as applied above and further including that the superordinate central control unit 39 is configured to control vehicle dynamics control functions of the vehicle using the one or more pressure supply devices 200 and electric drive motors 38, and further using at least one hydraulically supported brake 54FL, 54FR.
However, Tanimoto does not disclose that the superordinate central control unit is also configured to control an electric power steering system.
See Claim 13 above and the Weiberle reference paragraphs 0020-0025.
Regarding Claim 19, Weiberle further discloses that the vehicle dynamics control functions comprise one or more operations selected from stability control (ESP) and steering interventions (see paragraphs 0020-0025).
Regarding Claim 27, see Figure 1 of Tanimoto.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 12,084,012 to Leiber and U.S. Patent No. 12,263,819 to Leiber are cited due to their double patenting rejections above and for completeness of the record, as they are applicant’s parent applications.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA RODRIGUEZ whose telephone number is (571)272-7122. The examiner can normally be reached Monday - Thursday 7 AM - 5 PM.
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PAMELA RODRIGUEZ
Primary Examiner
Art Unit 3616
/PAMELA RODRIGUEZ/Primary Examiner, Art Unit 3616 09/22/26
