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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a hydraulic pressure providing unit, a hydraulic control device, a hydraulic circuit, a first hydraulic pressure supply device, a second hydraulic pressure supply device, an electronic control unit, a first electronic control unit, and a second electronic control unit in claims 1-16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
Claim 18 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.
The term “insufficient” in claim 18 is a relative term which renders the claim indefinite. The term “insufficient” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate action is required.
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.
Claims 1-9 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park US 2023/0071822.
Regarding claim 1, Park discloses an electric brake system 1000, comprising: a hydraulic pressure providing unit 1000B that generates a hydraulic pressure of a pressurized medium for braking a vehicle based on an electric signal output in response to a displacement of a brake pedal (see paragraph [0042]), wherein the hydraulic pressure providing unit includes a first hydraulic pressure supply device 4910 that generates the hydraulic pressure by operating a hydraulic piston by the electric signal output in response to the displacement of the brake pedal (see paragraph [0036]), a hydraulic control device 1400 that controls a flow of the pressurized medium provided from the first hydraulic pressure supply device or recovered to the first hydraulic pressure supply device (see paragraph [0053]), a hydraulic circuit 1510, 1520 that regulates the hydraulic pressure of the pressurized medium applied to a plurality of wheel cylinders 21-24 (see paragraph [0053]), and a second hydraulic pressure supply device 4920 that generates the hydraulic pressure by operating a hydraulic pump by the electric signal output in response to the displacement of the brake pedal (see paragraph [0134]), and the second hydraulic pressure supply device is provided between the hydraulic control device and the hydraulic circuit. See FIG. 7 and paragraphs [0057]-[0073].
Regarding claim 2, Park discloses wherein the hydraulic circuit 1510, 1520 includes a first hydraulic circuit 1510 that controls the flow of the pressurized medium supplied to a first wheel cylinder 21 and a second wheel cylinder 22, and a second hydraulic circuit 1520 that controls the flow of the pressurized medium supplied to a third wheel cylinder 23 and a fourth wheel cylinder 24, and the second hydraulic pressure supply device includes a first hydraulic pump 4910 that provides the hydraulic pressure of the pressurized medium to the first hydraulic circuit, and a second hydraulic pump 4920 that provides the hydraulic pressure of the pressurized medium to the second hydraulic circuit. See paragraphs [0133] and [0134].
Regarding claim 3, Park discloses wherein the first hydraulic pressure supply device includes a pressure chamber 1330 in which the hydraulic piston 1320 is provided, the hydraulic control device includes a first hydraulic passage 1401 connecting the pressure chamber and the first hydraulic circuit (see FIG. 1), and a second hydraulic passage 1402 connecting the pressure chamber and the second hydraulic circuit (see FIG. 1), the first hydraulic passage includes a first valve 1431 that controls the flow of the pressurized medium, and the second hydraulic passage includes a second valve 1432 that controls the flow of the pressurized medium. See FIG. 1.
Regarding claim 4, Park discloses wherein the hydraulic pressure providing unit further includes a reservoir 1100 in which the pressurized medium is stored (see paragraph [0089]), a first reservoir passage that connects the reservoir and the pressure chamber, a second reservoir passage 1100b that connects the reservoir and the first hydraulic pump, and a third reservoir passage 1100c that connects the reservoir and the second hydraulic pump. See paragraphs [0089] and [0121]-[0126].
Regarding claim 5, Park discloses wherein the second reservoir passage includes a third valve 1433 that controls the flow of the pressurized medium, and the third hydraulic passage includes a fourth valve 1434 that controls the flow of the pressurized medium. See FIG. 1.
Regarding claim 6, Park discloses wherein the hydraulic pressure providing unit further includes a first dump passage 1810 that connects the reservoir and the first hydraulic passage (see FIG. 1), and a second dump passage 1820 that connects the reservoir and the second hydraulic passage (see FIG. 1), one end of the first dump passage is connected to the reservoir, and the other end is connected to a rear end side of a point where the first valve is provided on the first hydraulic passage (see FIG. 1), and one end of the second dump passage is connected to the reservoir, and the other end is connected to a rear end side of a point where the second valve is provided on the second hydraulic passage. See FIG. 1 and paragraphs [0060], [0061], and [0095].
Regarding claim 7, Park discloses wherein the first dump passage includes a first dump valve (1811, 1831) that controls the flow of the pressurized medium, and the second dump passage includes a second dump valve (1821, 1841) that controls the flow of the pressurized medium. See FIG. 1 and paragraphs [0060], [0061], and [0095].
Regarding claim 8, Park discloses wherein the first hydraulic passage includes a fifth valve 1435 that is provided at a rear end side of a point to which the first dump passage is connected and controls the flow of the pressurized medium, and the second hydraulic passage includes a sixth valve 1436 that is provided at a rear end side of a point to which the second dump passage is connected and controls the flow of the pressurized medium. See paragraph [0069].
Regarding claim 9, Park discloses an electronic control unit (see paragraphs [0076]-[0080]) that controls the hydraulic pressure supply device, wherein the electronic control unit includes a first electronic control unit that controls the first hydraulic pressure supply device and a second electronic control unit that controls the second hydraulic pressure supply device. See paragraphs [0016] and [0078]-[0080].
Regarding claim 13, Park discloses wherein the hydraulic control device further includes a first bypass passage 1830 that is connected in parallel to the first valve on the first hydraulic passage, and a second bypass passage 1840 that is connected in parallel to the second valve on the second hydraulic passage, the first bypass passage includes a first check valve 1811 that allows only the flow of the pressurized medium discharged from the pressure chamber to the first hydraulic circuit, and the second bypass passage further includes a second check valve 1841 that allows only the flow of the pressurized medium discharged from the pressure chamber to the second hydraulic circuit. See paragraphs [0060] and [0061].
Regarding claim 14, Park discloses wherein the first hydraulic circuit includes a first inlet valve 1511a and a second inlet valve 1511b that are provided on inlet sides of the first wheel cylinder and the second wheel cylinder, respectively, to control the flow of the pressurized medium (see FIG. 1), and a first outlet valve 1512a and a second outlet valve 1512b that are provided on outlet sides of the first wheel cylinder and the second wheel cylinder, respectively, to control the flow of the pressurized medium discharged to the reservoir, the second hydraulic circuit includes a third inlet valve 1521a and a fourth inlet valve 1521b that are provided on inlet sides of the third wheel cylinder and the fourth wheel cylinder, respectively, to control the flow of pressurized medium, and a third outlet valve 1522a and a fourth outlet valve 1522b that are provided on outlet sides of the third wheel cylinder and the fourth wheel cylinder, respectively, to control the flow of the pressurized medium discharged to the reservoir, and the hydraulic pressure providing unit includes a discharge passage that connects the reservoir and the first to fourth outlet valves. See FIG. 1 and paragraphs [0077]-[0084].
Regarding claim 15, Park discloses wherein the first to fourth valves are provided as a normal closed type that operates to open the valves when receiving the electric signal, and the fifth and sixth valves are provided as a normal opened type that operates to close the valves when receiving the electric signal. See paragraphs [0078]-[0080].
Regarding claim 16, Park discloses a pedal unit (see FIG. 1) that is connected to the brake pedal and operates by a driver's effort and physically separated from the hydraulic pressure providing unit (see paragraph [0097]), wherein the pedal unit further includes a simulation piston 1230 that is displaced by an operation of the brake pedal, a simulation chamber 1230a whose volume is variable by the displacement of the simulation piston, and a pedal simulator that includes an elastic member that is provided in the simulation chamber, compressed by the displacement of the simulation piston, and provides pedal feeling through an elastic restoring force generated from the compression to generate a reaction force to the effort of the brake pedal and provide the pedal feeling to the driver. See FIG. 1 and paragraph [0097].
Regarding claim 17, Park discloses method of operating an electric brake system of claim 1, wherein a normal operation mode includes a first braking mode in which the hydraulic piston of the first hydraulic pressure supply device moves forward and the pressurized medium accommodated in a pressure chamber in which the hydraulic piston is provided is transmitted to the plurality of wheel cylinders (see paragraphs [0097] and [0117]-[0124]), and a second braking mode in which the hydraulic pump of the second hydraulic pressure supply device operates and the pressurized medium accommodated in a reservoir is transmitted to the plurality of wheel cylinders. See FIG. 6 and paragraphs [0126]-[0132].
Regarding claim 18, Park discloses wherein the second braking mode additionally operates after the operation of the first braking mode when a braking force of the first braking mode is insufficient. See FIG. 6 and paragraphs [0126]-[0132].
Regarding claim 19, Park discloses includes an abnormal operation mode that is switched when the braking by the first hydraulic pressure supply device is impossible, wherein the abnormal operation mode operates the hydraulic pump of the second hydraulic pressure supply device so that the pressurized medium included in the reservoir is transmitted to the plurality of wheel cylinders. See FIG. 4 and 5 and paragraphs [0087]-[0089].
Regarding claim 20, Park discloses wherein the abnormal operation mode operates so that the first and second valves are closed, and the first and second hydraulic pumps operate so that the pressurized medium accommodated in the reservoir is transmitted to the plurality of wheel cylinders. See FIG. 4 and 5 and paragraphs [0087]-[0089] and [0112]-[0117].
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.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Park, as applied above, in view of Kim et al US 2023/0391305.
Regarding claim 10, Park discloses an electronic control unit that controls the hydraulic pressure supply device (see paragraphs [0076]-[0080]); and a pressure sensor 111 that detects the hydraulic pressure of the pressurized medium (see paragraph [0085]). See FIG. 1, 7, and 8 and paragraphs [0085] and [0145].
Park fails to explicitly disclose, but Kim et al discloses wherein the pressure sensor includes a first pressure sensor PS1 that is provided on a front end side of the point where the first valve is provided on the first hydraulic passage or on a front end side of the point where the second valve is provided on the second hydraulic passage and detects the hydraulic pressure of the pressurized medium, and a second pressure sensor PS2 that is provided on a rear end side of a point where the fifth valve is provided on the first hydraulic passage or on a rear end side of a point where the sixth valve is provided on the second hydraulic passage and detects the hydraulic pressure of the pressurized medium. See FIG. 1 and paragraphs [0091], [0092], and [0138]-[0144].
Park fails to explicitly disclose, but Kim et al discloses the electronic control unit includes a first electronic control unit ECU1 that receives information of the first pressure sensor and a second electronic control unit ECU2 that receives information of the second pressure sensor. See paragraphs [0025] and [0053].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include the pressure sensors and electronic control units as disclosed by Kim et al in the system of Park as Park states that the quantity and location of the pressure sensors can vary. See at least paragraph [0085] of Park.
Regarding claim 11, Park fails to explicitly disclose, but Kim et al discloses wherein the first electronic control unit controls the first and second valves, and the second electronic control unit controls the first and second hydraulic circuits, the third to sixth valves, and the first and second dump valves. See paragraphs [0053] and [0087]-[0092].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include separate tasks for electronic control units as disclosed by Kim et al in the system of Park for safety purposes.
Regarding claim 12, Park fails to explicitly disclose, but Kim et al discloses wherein the hydraulic pressure providing unit further includes a first auxiliary hydraulic passage 4950 that connects an output terminal of the first hydraulic pump and the first hydraulic circuit, and a second auxiliary hydraulic passage 4960 that connects an output terminal of the second hydraulic pump and the second hydraulic circuit. See FIG. 1 and paragraph [0136].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include auxiliary passages as disclosed by Kim et al in the system of Park for safety purposes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al US 9,108,611 discloses an electric brake system for vehicle. See at least col. 4, ll. 14 – 30 and col. 6, ll. 52 – col. 7, ll. 4
Ahn et al US 10,894,535 discloses a brake apparatus for vehicle. See at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat(Pat) Wongwian can be reached at 571-270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH J DALLO/Primary Examiner, Art Unit 3747