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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/14/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 8, 9 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wimbush (US 4,503,678).
Regarding claim 8, Wimbush discloses a brake fluid reservoir (14 in fig. 4) comprising:
- a receptacle (21), adapted to containing brake fluid, said receptacle (21) forming a bottom wall and a perimetric wall, wherein the bottom wall and the perimetric wall define an inner compartment (27) for containing the braking fluid, wherein the perimetric wall defines an inlet opening (24) opposite to the bottom wall and communicating with the inner compartment, and the bottom wall defines an outlet opening (29, 31, 32, 35, 36) communicating with the inner compartment and fluidically connectable with a braking system pump (54-56, 58);
- a cap (22) configured to close the inlet opening (24);
- a pump inlet conduit (note the conduits connecting the pump system 54-56 as shown in fig. 4) fluidically connected to the outlet opening (32, 35) and is extended in the opposite direction to the inner compartment; characterized in that the reservoir (14) comprises a three-way component (54) comprising three fluidically connected channels; wherein
- one of the three channels of the three-way component (54) is connected to the pump inlet conduit;
- a second one of the three channels of the three-way component (54) is connectable to the braking system pump (56);
- a third one of the three channels comprises a valve (58) therein; said valve (58) being configured to regulate a flow of braking fluid through said third of the three channels.
Re-claim 9, Wimbush discloses the valve (58) is a proportioning valve (note the valve 58 holds the vacuum for a predetermined time period and the vacuum level checked and held to check the integrity of the system), a quick-connect valve, or a Staubli type valve.
Re-claim 13, Wimbush discloses a delivery conduit (50), wherein the delivery conduit is configured to be fluidically connectable to the valve (54, 58) of the reservoir (14) so as to convey the brake fluid into the reservoir through the valve (58) located in the three-way component (54).
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.
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.
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.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wimbush (US 4,503,678) in view of Perry (US 2022/0314948 A1).
Re-claim 10, Wimbush discloses all claimed limitations as set forth above including the cap (22) is connected to the perimetric wall (21) but fails to disclose the removable fastening means, preferably by means of threaded connection means as recited in the claim. However, Perry discloses a brake fluid reservoir (104) comprising a cap (204) connected to the reservoir body (104) by a plurality of screws (206). It would have been obvious to one having ordinary skill in the art a the time before the effective filing date of the present application was made to modify the cap of Wimbush as taught by Perry will provide a fluid tight connection between the cap and the reservoir and thus prevent any leakage of the fluid.
Re-claim 11, Wimbush discloses a membrane (25) and a diaphragm (23), wherein the membrane (25) and the diaphragm (23) are positioned in the inner compartment (27) of the receptacle (21), below the cap (22), and wherein the membrane (25) and diaphragm (23) are configured to achieve a fluid-tight seal at the cap and prevent leakage of the brake fluid contained within the inner compartment of the reservoir through the inlet opening.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wimbush (US 4,503,678) in view of Perry (US 2022/0314948 A1), and further in view of Kolditz (US 4,335, 167) or Melinat (US 4,445,330).
Re-claim 12, Wimbush discloses all claimed limitations as set forth above including the receptacle (21) but fails to disclose the receptacle is being formed of polymeric material or is formed of metallic material, preferably aluminum, and/or wherein the receptacle comprises a porthole positioned on the perimetric wall, configured to check the brake fluid level in the receptacle. However, each of Kolditz and Melinat discloses a reservoir formed of plastic or polypropylene (note the col. 1, lines 19-23 of Kolditz and col. 1, lines 53-54 of Melinat) and Perry discloses a viewing window (210 in fig. 1 and [0043]). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to modify the reservoir of Wimbush to be formed of plastic or polymeric material and including a viewing window as taught by each of Perry, Kolditz and Melinat will provide a cost effective and durable reservoir since plastic or polymeric material is cheap and though and to enable a user to view a level of the brake fluid inside the chamber of the reservoir.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wimbush (US 4,503,678) in view of L’Aot et al. (US 8,197,012 B2) or Schmitt et al. (US 9,156,455 B2).
Re-claim 14, Wimbush discloses all claimed limitations as set forth above including the delivery conduit but fails to disclose the conduit comprising a filter, wherein the filter is configured to filter the brake fluid entering the reservoir. However, each of L’Aot et al. and Schmitt et al. discloses a reservoir comprising a filter member (33, 34 and 38 of Schmitt et al. and the filtration means (5) in 2b of L’Aot et al.). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to modify the reservoir assembly of Wimbush to include a fitler as taught by each of L’Aot et al. and Schmitt et al. will collect any unwanted particles to provide cleaner brake fluid throughout the reservoir assembly making the assembly more efficient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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