DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. The drawings are objected to because Figure 9 is a method flow chart that does not clearly describe the method with text-filled boxes. Instead, the boxes contain only reference characters which do not substantially aid in understanding the invention. Regarding Figure 5, there is a lead arrow without a corresponding reference character and the reference characters “pCD” and “113” should probably be swapped.
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.
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Claim Objections
3. Claim 17 is objected to because of the following informalities: Claim 17 recites “wherein the he relay valve cover plate formed separately from the main cover”, which should be changed to --wherein the relay valve cover plate is formed separately from the main cover.--. The claim is currently missing a period, the word “is” and recites “the he”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 15-16 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 15 recites “An assembly method for a brake modulator, in particular a brake modulator according to claim 1”. As antecedent claim 1 already introduces “a brake modulator”, it is unclear how many brake modulators are required. In addition, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 16, the applicant claims “a brake modulator”. As antecedent claim 1 already introduces “a brake modulator”, it is unclear how many brake modulators are required. The Examiner suggests changing “a brake modulator” to --the brake modulator--.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claim(s) 1, 5, 7, 9-13, 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi et al (CN 106218617).
As per claim 1, Shi et al disclose a brake modulator (Abstract) for providing an ABS brake function (Abstract) to a vehicle ([0004]), the brake modulator comprising:
a main body (7, 10, 23) having a first supply valve cavity (Fig. 1, 2), a second supply valve cavity (Fig. 1, 2), a first exhaust valve cavity (Fig. 1, 2), a second exhaust valve cavity (Fig. 1, 2), and a relay valve cylinder (Interior surface of upper cover 7 radially surrounding the relay piston 6, Fig. 1, 2) having a main cylinder axis,
wherein the first supply valve cavity, the second supply valve cavity, the first exhaust valve cavity, the second exhaust valve cavity and the relay valve cylinder open towards an assembly side (Fig. 1) of the main body;
a supply port (101; [0062]) for receiving supply pressure,
a relay valve (1) configured to receive the supply pressure and to provide main pressure dependent on a brake request ([0060]) or driver's brake demand ([0060]),
wherein the relay valve is received in the relay valve cylinder (6, 7),
an ABS valve (8, 22) arrangement comprising a first ABS valve unit (8, 22) for a first brake channel (221) and a second ABS valve unit (8, 22, Fig. 1) for a second brake channel (222),
wherein the first ABS valve unit is configured to receive the main pressure and to provide first brake pressure to the first brake channel dependent on a first ABS control signal ([0065]),
wherein a first ABS supply valve (8) of the first ABS valve unit is received in the first supply valve cavity, and a first ABS exhaust valve (22) of the first ABS valve unit is received in the first exhaust valve cavity, and
wherein the second ABS valve unit is configured to receive the main pressure and to provide second brake pressure to the second brake channel dependent on a second ABS control signal ([0065]),
wherein a second ABS supply valve (8) of the second ABS valve unit is received in the second supply valve cavity, and a second ABS exhaust valve (22) of the second ABS valve unit is received in the second exhaust valve cavity, and a main cover (Pressure plates 9 and the outer axial end portion of upper cover 7, Fig. 3) for closing of the assembly side of the main body,
wherein the main cover comprises a first supply cover portion (9) for the first supply valve cavity, a second supply cover portion (9) for the second supply valve cavity, a first exhaust cover portion (9) for the first exhaust valve cavity, and a second exhaust cover portion (9) for the second exhaust valve cavity, and
wherein the brake modulator further comprises a relay valve cover plate (Interior end portion of upper cover 7, Fig. 3) that closes the relay valve cylinder on the assembly side,
wherein the relay valve cover plate is arranged between a relay piston (6) of the relay valve received in the relay valve cylinder and the main cover along the main cylinder axis.
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As per claim 5, Shi et al discloses the brake modulator according to claim 1, wherein the relay valve cover plate is held in the relay valve cylinder by the main cover (Fig. 3).
As per claim 7, Shi et al discloses the brake modulator according to claim 5, wherein the main cover positively retains the relay valve cover plate in the relay valve cylinder (Fig. 3).
As per claim 9, Shi et al discloses the brake modulator according to claim 1, wherein the relay valve cover plate includes a guide portion (Fig. 3) for guiding the relay piston of the relay valve.
As per claim 10, Shi et al discloses the brake modulator according to claim 1, wherein the first ABS valve unit includes a first ABS solenoid valve (420) for providing a first ABS control pressure ([0068]) for controlling the first ABS supply valve and/or the first ABS exhaust valve dependent on the first ABS control signal, and
wherein the second ABS valve unit includes a second ABS solenoid valve (421) for providing a second ABS control pressure ([0068]) for controlling the second ABS supply valve and/or the second ABS exhaust valve dependent on the second ABS control signal.
As per claim 11, Shi et al discloses the brake modulator according to claim 10, wherein the main cover includes a first ABS control pressure conduit (9, 408; [0065]) connecting the first ABS supply valve and/or the first ABS exhaust valve to the first ABS solenoid valve, and
wherein the main cover includes a second ABS control pressure conduit (9, 408; [0065]) connecting the second ABS supply valve and/or the second ABS exhaust valve to the second ABS solenoid valve.
As per claim 12, Shi et al discloses the brake modulator according to claim 1, wherein the first ABS supply valve and/or the first ABS exhaust valve are formed as diaphragm valves (8, 22) and
wherein the second ABS supply valve and/or the second ABS exhaust valve are formed as diaphragm valves (8, 22).
As per claim 13, Shi et al discloses the brake modulator according to claim 1, further comprising an electric control connection ([0063], [0064]) for receiving an electronic brake request and a control solenoid valve (420, 421; [0057], [0068]) for providing a pneumatic brake request ([0057]) to the relay valve dependent on the electronic brake request.
As per claim 18, Shi et al discloses the brake modulator according to claim 1, wherein the relay valve cover plate is integrally formed with the main cover (7).
As per claim 19, Shi et al discloses the brake modulator according to claim 18, wherein no radial clearance is formed between the relay valve cover plate and the main cover (7).
Claim Rejections - 35 USC § 103
9. 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.
10. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al (CN 106218617) in view of Füllgrabe et al (US 2017/0036654).
As per claim 8, Shi et al discloses the brake modulator of claim 1, but do not disclose wherein the relay valve cover plate and/or the main cover are made from a plastic material.
Füllgrabe et al discloses a valve unit wherein the relay valve cover plate and/or the main cover are made from a plastic material ([0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper cover of Shi et al by forming it from plastic as taught by Füllgrabe et al in order to reduce weight.
11. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al (CN 106218617) in view of Blanz (DE 19626288).
As per claim 16, Shi et al discloses a brake modulator according to claim 1. Although Shi et al discloses a vehicle ([0004]), they do not disclose a commercial vehicle.
Blanz discloses a pneumatic ABS braking system for a commercial vehicle (Title). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brake system Shi et al by using it in a commercial vehicle as taught by Blanz in order to provide improved braking.
12. Claim(s) 1, 5, 7, 9-10, 13, 16, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blanz (DE 19626288) in view of Steinberger et al (US 2012/0080935).
As per claim 1, Blanz discloses a brake modulator (Title) for providing an ABS brake function (Title) to a vehicle (Title), the brake modulator comprising:
a main body (1) having a first supply valve cavity (Fig. 3), a second supply valve cavity (Fig. 3), a first exhaust valve cavity (Fig. 3), a second exhaust valve cavity (Fig. 3), and a relay valve cylinder (Interior surface of the portion of the housing 1 radially surrounding the relay piston 6) having a main cylinder axis,
wherein the first supply valve cavity, the second supply valve cavity, the first exhaust valve cavity, the second exhaust valve cavity and the relay valve cylinder open towards an assembly side (1) of the main body;
a supply port (11) for receiving supply pressure,
a relay valve (2) configured to receive the supply pressure and to provide main pressure dependent on a brake request (13; [0026]) or driver's brake demand (13; [0026]),
wherein the relay valve is received in the relay valve cylinder (6, Fig. 3),
an ABS valve (Fig. 3) arrangement comprising a first ABS valve unit (27, 37) for a first brake channel (47) and a second ABS valve unit (27', 37') for a second brake channel (49),
wherein the first ABS valve unit is configured to receive the main pressure and to provide first brake pressure to the first brake channel dependent on a first ABS control signal ([0026]),
wherein a first ABS supply valve (27) of the first ABS valve unit is received in the first supply valve cavity, and a first ABS exhaust valve (37) of the first ABS valve unit is received in the first exhaust valve cavity, and
wherein the second ABS valve unit is configured to receive the main pressure and to provide second brake pressure to the second brake channel dependent on a second ABS control signal ([0026]),
wherein a second ABS supply valve (27’) of the second ABS valve unit is received in the second supply valve cavity, and a second ABS exhaust valve (37’) of the second ABS valve unit is received in the second exhaust valve cavity,
wherein the brake modulator further comprises a relay valve cover plate (Interior portion of housing 1 axially covering back of relay piston 6 chamber, Fig. 3) that closes the relay valve cylinder on the assembly side,
wherein the relay valve cover plate is arranged between a relay piston (6) of the relay valve received in the relay valve cylinder and the main cover along the main cylinder axis. Although Blanz discloses forming the housing (1) as a single unit or, where appropriate, as a multi-part unit ([0021]), he does not disclose a main cover for closing of the assembly side of the main body and the associated portions.
Steinberger et al discloses an electro-pneumatic pressure regulation module comprising a main body (92, 112) and a main cover (102) for closing of the assembly side of the main body, wherein the main cover comprises a first supply cover portion (102) for the first supply valve cavity, a second supply cover portion (102) for the second supply valve cavity, a first exhaust cover portion (102) for the first exhaust valve cavity, and a second exhaust cover portion (102) for the second exhaust valve cavity. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Blanz by forming it as a multi-piece assembly with a cover as taught by Steinberger et al in order to simplify manufacturing by permitting assembly without making the housing in-situ.
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As per claim 5, Blanz and Steinberger et al disclose the brake modulator according to claim 1. Blanz further discloses wherein the relay valve cover plate is held in the relay valve cylinder by the main cover (Fig. 3).
As per claim 7, Blanz and Steinberger et al disclose the brake modulator according to claim 5. Blanz further discloses wherein the main cover positively retains the relay valve cover plate in the relay valve cylinder (Fig. 3).
As per claim 9, Blanz and Steinberger et al disclose the brake modulator according to claim 1. Blanz further discloses wherein the relay valve cover plate includes a guide portion (23) for guiding the relay piston of the relay valve.
As per claim 10, Blanz and Steinberger et al disclose the brake modulator according to claim 1. Blanz further discloses wherein the first ABS valve unit includes a first ABS solenoid valve (3) for providing a first ABS control pressure ([0026]) for controlling the first ABS supply valve and/or the first ABS exhaust valve dependent on the first ABS control signal, and
wherein the second ABS valve unit includes a second ABS solenoid valve (3’) for providing a second ABS control pressure ([0026]) for controlling the second ABS supply valve and/or the second ABS exhaust valve dependent on the second ABS control signal.
As per claim 13, Blanz and Steinberger et al disclose the brake modulator according to claim 1. Blanz discloses further comprising an electric control connection ([0014]) for receiving an electronic brake request and a control solenoid valve ([0014]) for providing a pneumatic brake request ([0022]) to the relay valve dependent on the electronic brake request.
As per claim 16, Blanz and Steinberger et al disclose a brake modulator according to claim 1. Blanz further discloses a commercial vehicle (Title).
As per claim 18, Blanz and Steinberger et al disclose the brake modulator according to claim 1. Blanz further discloses wherein the relay valve cover plate is integrally formed with the main cover (1).
As per claim 19, Blanz and Steinberger et al disclose the brake modulator according to claim 18. Blanz further discloses wherein no radial clearance is formed between the relay valve cover plate and the main cover (1).
13. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blanz (DE 19626288) in view of Steinberger et al (US 2012/0080935) and further in view of Füllgrabe et al (US 2017/0036654).
As per claim 8, Blanz and Steinberger et al disclose the brake modulator of claim 1, but do not disclose wherein the relay valve cover plate and/or the main cover are made from a plastic material.
Füllgrabe et al discloses a valve unit wherein the relay valve cover plate and/or the main cover are made from a plastic material ([0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing cover of Blanz and Steinberger et al by forming it from plastic as taught by Füllgrabe et al in order to reduce weight.
Allowable Subject Matter
14. Claims 2-4, 6, 14, 17, 20 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.
15. Claim 15 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.
16. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose wherein the relay valve cover plate is separate and distinct from the main cover in function and/or structure as recited in claims 2-4, 6, 14, 15, 17, 20.
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pneumatic brakes
Li et al (CN 209410036).
Shi et al (CN 206983969).
Shi et al (CN 105501203).
Herbst et al (US 6,588,856).
McCann et al (US 5,042,883).
Goebels (US 4,153,307).
Machek (US 3,881,779).
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN M BOWES whose telephone number is (571)270-0460. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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STEPHEN M. BOWES IV
Examiner
Art Unit 3616
/STEPHEN M BOWES/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
Prosecution Insights