DETAILED ACTION
The following is a first action on the merits of application serial no. 18/904144 filed 10/2/2024.
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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 12/3/24 has been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the legal phraseology “comprises” should be deleted in line 7. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 9, 10, 14 and 15 are objected to because of the following informalities:
-In claim 9, line 3, the period should be changed to a comma.
-In claim 10, line 2, the term “he” should be changed to “the”.
-In claim 14, lines 18-21 and claim 15, lines 18-20, the limitation recites “ wherein the control device is (being) configured to perform the following steps are carried out in succession upon each startup of the motor vehicle. The term “are” should be deleted to correct grammar of limitation.
Appropriate correction is required.
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 control device (generic placeholder) configured to operate a hydraulic brake system of motor vehicle (function)” in claim 14.
-“a control device (generic placeholder) configured to operate a hydraulic brake system (function)” in claim 15.
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.
Claims 11, 12, 14 and 15 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 11 recites the limitation “wherein the brake system includes at least two brake circuits, which are configured like the at least one brake circuit….”. The phrase "which are configured like" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
-Claim 12 recites the limitation "the current temperature" in line 3. There is insufficient antecedent basis for this limitation in the claim due to claim 1 reciting “actual temperature”.
-As to claims 14 and 15, Per MPEP 2173.05(p): a claim to a device, apparatus, manufacture, or composition of matter may contain a reference to the process in which it is intended to be used without being objectionable under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, so long as it is clear that the claim is directed to the product and not the process. However, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). Currently, these claims seem to be reciting the brake device and brake system using the method steps as recited in claim 1 which causes both claims to be considered indefinite. The examiner suggest applicant amend the steps within both claims by removing the “ing” from the first terms within each step, i.e. change “ascertaining” to “ascertain” and “controlling” to “control”, etc.
Allowable Subject Matter
Claims 1-13 are allowed (via prior art purposes only).
Claims 14 and 15 would be allowable if rewritten or amended 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.
The following is an examiner’s statement of reasons for allowance: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-(as to claim 1) a method for operating a hydraulic brake system of a motor vehicle carried out in succession upon each startup of vehicle by comparing an actual temperature of hydraulic medium with a predefined limit value and controlling a primary actuator and at least one brake circuit, only when temperature is below the limit value, to convey the medium to the brake circuit until a pressure accumulator is filled to a predefined level; monitoring function of the actuator and/or a master cylinder and only when a malfunction of actuator is recognized, controlling a secondary actuator to convey the medium from accumulator in direction of an inlet valve into at least one brake circuit and in combination with the limitations exactly as recited in claim 1 including the brake system structure.
-(as to claim 14) a device for operating a hydraulic brake system of a motor vehicle having a control device and the same reasons as indicated in claim 1.
-(as to claim 15) a brake system for a motor vehicle having a control device and the same reasons as indicated in claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-DE 19923689 (abstract); DE 19914403 (column 4, lines 47-68); JP 2010247615 (abstract) and JP 2001294146 (abstract) have brake systems and disclose that it is well known in the art to use brake fluid temperature to control accumulator operation based on brake system failure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 August 20, 2026
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