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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 9/15/2023. It is noted, however, that applicant has not filed a certified copy of the DE102023125074.4 application as required by 37 CFR 1.55.
Specification
The abstract is objected to for containing implied phrases, e.g. “The disclosure relates to” at the beginning and “is also disclosed” at the end.
Appropriate correction is required.
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.
Claim 8 is 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 8 recites the limitation "the wheel speed sensors assigned to the rear wheels are each connected electronically to one of the brake actuators." There is insufficient antecedent basis for “the brake actuators.” Claim 1, from which claim 8 depends, recites an “electromechanical brake actuator unit” but does not expressly disclose introduce a plurality of individual brake actuators. Although claim 3 recites two electromechanical brake actuators, claim 8 does not depend from claim 3. It is therefore unclear which set of brake actuators is referenced by claim 8.
For purposes of examination, “the brake actuators” has been interpreted as the two electromechanical brake actuators assigned to the rear wheels, consistent with paragraphs 0040 and 0049 of the specification.
Claim Objections
Claims 4 and 13 are objected to because of the following informalities:
Claim 4 recites “the control unit of the main brake module” and “the control unit of the auxiliary brake module” without previously introducing the respective control units in the dependency chain of claim 4.
Claim 13 likewise recites “the control unit of the main brake module” and “the control unit of the auxiliary brake module” without previously introducing the respective control units in the dependency chain of claim 13.
Appropriate correction is required.
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 1-7 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ullrich et al. (US 2025/0100528 A1) in view of Ganzel et al. (US 2021/0261109 A1).
Regarding claim 1, Ullrich discloses a brake system (100) for a vehicle (110) having four brakeable wheels (108 and 112), comprising:
an actuation unit (actuating device 124 and its sensor devices) for detecting a driver braking request (abstract: “actuation signal quantifying a brake request”),
a main brake module (electrohydraulic partial brake system 102, electromechanical partial brake system 104, and brake control unit 118), which comprises a hydraulic brake actuator unit (electrohydraulic partial brake system 102 and hydraulic control unit 106), which is configured for braking the front wheels (front hydraulic wheel brakes 108), and an electromechanical brake actuator unit (electromechanical partial brake system 104), which is configured for braking the rear wheels (secondary brake module 602 and pump assembly 610).
Ullrich does not expressly disclose a hydraulic auxiliary brake module, which is coupled hydraulically to the hydraulic brake actuator unit for braking the front wheels and is connected electronically to the electromechanical brake actuator unit.
Ganzel teaches a hydraulic auxiliary brake module (secondary brake module 602 and pump assembly 610), which is coupled hydraulically to the hydraulic brake actuator unit for braking the front wheels (pump outlets, conduit 620, bypass valve 400, and front wheel brakes 12a, 12b) and is connected electronically to the electromechanical brake actuator unit (secondary ECU 604 connected to rear motorized braking device 630, 632) (see ¶¶ 0060-67 and Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ullrich's brake system 100 to include Ganzel's secondary brake module 602, connect pump assembly 610 to Ullrich's front hydraulic circuit, and connect secondary ECU 604 to data bus 130 for communication with wheel control units 116 in order to prevent failure of the main pressure source or controller from eliminating braking capability, thereby maintaining auxiliary front hydraulic braking and rear electromechanical braking.
Regarding claim 2, Ullrich as modified discloses the brake system according to claim 1, wherein both the main brake module (electrohydraulic partial brake system 102, electromechanical partial brake system 104, and brake control unit 118) and the auxiliary brake module (secondary brake module 602) comprise a dedicated control unit (brake control unit 118 and separate secondary RCU 604) (see Ullrich ¶ 0054; Ganzel ¶ 0061).
Regarding claim 3, Ullrich as modified discloses the brake system according to claim 1, wherein the electromechanical brake actuator unit (electromechanical partial brake system 104) comprises two electromechanical brake actuators (two force actuators 114 and wheel control units 116), wherein each rear wheel is assigned an electromechanical brake actuator (one wheel brake 112, force actuator 114, and wheel control unit 116 per rear wheel) (see Ullrich ¶ 0053 and Fig. 1).
Regarding claim 4, Ullrich as modified discloses the brake system according to claim 3, wherein the brake system comprises a first power supply unit (first power source 126) and a second power supply unit (second power source 128), wherein the first power supply unit (126) supplies the control unit of the main brake module (first partition 120) and one of the two brake actuators (one rear wheel brake 112 and force actuator 114) with electric power (see Ullrich ¶ 0055). Ullrich further teaches the second power source 128 supplies the second partition 122 and the other rear wheel brake 112 with electric power.
Ullrich does not expressly disclose the second power supply unit supplies the control unit of the auxiliary brake module and the additional one of the two brake actuators with electric power.
Ganzel teaches that the secondary brake module (602) and its separate secondary ECU (604) preferably are connected to a power source independently from the power source associated with the remainder of the brake system (see Ganzel ¶¶ 0061, 0072).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to power Ganzel's secondary ECU 604 from Ullrich's second power source 128 in order to prevent failure of first power source 126 from disabling the auxiliary braking function, thereby maintaining auxiliary hydraulic braking and braking at the rear wheel supplied by second power source 128.
Regarding claim 5, Ullrich as modified discloses the brake system according to claim 1.
Ullrich does not expressly disclose wherein the actuation unit for detecting a driver braking request is coupled hydraulically to the hydraulic brake actuator unit.
Ganzel teaches wherein the actuation unit for detecting a driver braking request (brake pedal 70, master cylinder 14, and travel sensors 174, 176) is coupled hydraulically (pressure chamber 94 and conduits 38, 36, 40) to the hydraulic brake actuator unit (front wheel brakes 12a, 12b) (see Gen ¶¶ 0045, 0054 and Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ullrich's brake system to include Ganzel's pedal-operated master cylinder hydraulic connection to Ullrich's front hydraulic brake actuator unit in order to permit the driver to generate braking pressure when electrical pressure generation is unavailable, thereby maintaining manual hydraulic braking of the front wheels.
Regarding claim 6, Ullrich as modified discloses the brake system according to claim 1 and further discloses wherein the actuation unit for detecting a driver braking request (actuating device 124 and its two sensor devices) is coupled electronically to the main brake module (first partition 120 of brake control unit 118) (see Ullrich ¶¶ 0054, 0056 and Fig. 1).
Ullrich does not expressly disclose wherein the actuation unit for detecting a driver braking request is coupled electronically to the main brake module and the auxiliary brake module.
Ganzel teaches wherein the actuation unit for detecting a driver braking request (electrically operated pedal) is coupled electronically to the auxiliary brake module (secondary ECU 604 of secondary brake module 602) (see Ganzel ¶¶ 0060-61, 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect Ullrich's second pedal sensor to Ganzel's secondary ECU 604 in order to prevent failure of the main controller or its signal path from preventing detection of the driver’s braking request, thereby allowing the auxiliary brake module to receive and implement the driver’s braking request.
Regarding claim 7, Ullrich as modified discloses the brake system according to claim 1 and further discloses wherein the main brake module (118) is connected electronically (data bus 130) to the auxiliary brake module (secondary ECU 604) (see Ullrich ¶ 0057; Ganzel ¶ 0062).
Regarding claim 9, Ullrich as modified discloses the brake system according to claim 1, wherein both the main brake module (electrohydraulic partial brake system 102) and the auxiliary brake module (secondary brake module 602) comprise a respective hydraulic pump (motor-driven pressure provision device 202; pumps 614, 616) (see Ullrich ¶¶ 0066-71; Ganzel ¶¶ 0063).
Ullrich does not expressly call device 202 a pump, but it reasonably corresponds to a hydraulic pump because its piston draws fluid from reservoir 220 and supplies pressurized fluid to wheel brakes 108.
Regarding claim 10, Ullrich discloses a vehicle (110) having a brake system (100) and a vehicle bus system (CAN data bus 130), wherein the brake system comprises an actuation unit (actuating device 124 and its two sensor devices) for detecting a driver braking request (determining actuation signals or an actuation degree of actuating device 124), a main brake module (electrohydraulic partial brake system 102, electromechanical partial brake system 104, and brake control unit 118), which comprises a hydraulic brake actuator unit (electrohydraulic partial brake system 102 and hydraulic control unit 106), which is configured for braking a pair of front wheels (two hydraulically actuated front wheel brakes 108), and an electromechanical brake actuator unit (electromechanical partial brake system 104), which is configured for braking a pair of rear wheels (two electromechanical rear wheel brakes 112 including force actuators 114 and wheel control units 116) (see ¶¶ 0052-57, and Fig. 1), wherein the electromechanical brake actuator unit (electromechanical partial brake system 104 including wheel control units 116) is coupled to the vehicle bus system by signals (wheel control units 116 connected to CAN data bus 130 for receiving control information) (see ¶¶ 0057, 0076 and Fig. 7).
Ullrich does not expressly disclose a hydraulic auxiliary brake module, which is coupled hydraulically to the hydraulic brake actuator unit for braking the pair of front wheels and is connected electronically to the electromechanical brake actuator unit.
Ganzel teaches a hydraulic auxiliary brake module (secondary brake module 602 including secondary ECU 604 and pump assembly 610), which is coupled hydraulically to the hydraulic brake actuator unit for braking the pair of front wheels (pump outlets connected through conduit 620 to the front-wheel circuit and front wheel brakes 12a, 12b) and is connected electronically to the electromechanical brake actuator unit (secondary ECU 604 connected to rear motorized braking device 630, 632) (see ¶¶ 0060-67 and Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ullrich's brake system 100 to include Ganzel's secondary brake module 602, with pump assembly 610 hydraulically connected to Ullrich's front hydraulic circuit and secondary ECU 604 electronically connected to Ullrich’s rear wheel control units 116, in order to provide a separately controlled secondary source of hydraulic pressure for the front wheels while retaining electronically controlled rear-wheel braking following failure of the main pressure source or controller. The modification would predictably permit braking at all four wheels during a primary-system failure.
Regarding claim 11, Ullrich as modified discloses the brake system according to claim 4.
Ullrich does not expressly disclose wherein the actuation unit for detecting a driver braking request is coupled hydraulically to the hydraulic brake actuator unit.
Ganzel teaches wherein the actuation unit for detecting a driver braking request (brake pedal 70 and master cylinder 14) is coupled hydraulically (master cylinder chamber 94 and conduits 38, 36, 40) to the hydraulic brake actuator unit (front wheel-brake circuit 12a, 12b) (see ¶ 0054 and Fig. 1).
It would have been obvious to add this hydraulic pedal connection for the same manual front-brake fallback reason stated regarding claim 5.
Regarding claim 12, Ullrich as modified discloses the brake system according to claim 4. As explained regarding claim 6, the combination further provides wherein the actuation unit for detecting a driver braking request (actuating device 124 and its two sensor devices) is coupled electronically to the main brake module (first sensor connected to first partition 120 of brake control unit 118) and the auxiliary brake module (second sensor connected to secondary ECU 604) (see Ullrich ¶ 0056 and Ganzel ¶ 0071).
It would have been obvious to make this routing for the same redundant driver-request detection and fallback-control reason stated regarding claim 6.
Regarding claim 13, Ullrich as modified discloses the brake system according to claim 7, wherein the control unit of the main brake module (brake control unit 118) is connected electronically (data bus 130) to the control unit of the auxiliary brake module (secondary ECU 604) (see Ullrich ¶ 0057 and Ganzel ¶¶ 0061-62).
Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ullrich et al. (US 2025/0100528 A1) in view of Ganzel et al. (US 2021/0261109 A1) and further in view of Beuss et al. (US 2023/0242085 A1).
Regarding claim 8, the brake system according to claim 1.
Ullrich does not expressly disclose wherein each wheel is assigned a wheel speed sensor, wherein the wheel speed sensors assigned to the front wheels are connected electronically to the main brake module, and the wheel speed sensors assigned to the rear wheels are each connected electronically to one of the brake actuators.
Beuss teaches the claimed per-wheel sensor topology wherein each wheel is assigned a wheel speed sensor (front sensors 156, 158 and rear sensors 144, 146 at wheels 110, 112, 114, 116), wherein the wheel speed sensors assigned to the front wheels (156, 158) are connected electronically to the main brake module (central control unit 148), and the wheel speed sensors assigned to the rear wheels (144, 146) are each connected electronically to one of the brake actuators (wheel-specific control units 122, 124 of wheel brakes 106, 108) (see ¶¶ 0032-34 and Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Beuss's wheel-speed sensor arrangement to the modified Ullrich brake system in order to provide shorter signal paths between the wheel-speed sensors and the respective brake control electronics, thereby improving wheel-slip control dynamics.
Regarding claim 14, Ullrich as modified discloses the brake system according to claim 4. Beuss further teaches wherein each wheel is assigned a wheel speed sensor (front sensors 156, 158 and rear sensors 144, 146 at wheels 110, 112, 114, 116), wherein the wheel speed sensors assigned to the front wheels (156, 158) are connected electronically to the main brake module (central control unit 148), and the wheel speed sensors assigned to the rear wheels (144, 146) are each connected electronically to one of the brake actuators (wheel-specific control units 122, 124 of wheel brakes 106, 108) (see Fig. 4).
It would have been obvious to make this modification for the same short-signal path and improved wheel-slip control reason stated regarding claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Karem Akram Algarash whose telephone number is (571)272-5789. The examiner can normally be reached Monday - Friday 8am-5pm.
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/K.A.A./Patent Examiner, Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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