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 .
2. This Office Action is sent in response to Applicant's Communication received on October 11, 2024 for application number 18/913,379. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 03, 2024 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. DE 10 2023 210 218.8 filed on October 18, 2023.
Disposition of Claims
Claims 12-22 are pending in this application.
Claims 20-22 are objected as allowable subject matter.
Claims 12-19 are rejected.
Allowable Subject Matter
Claims 20-22 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.
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 15 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 pre-AIA the applicant regards as the invention.
Regarding claim 15, the term “the further signal connection” in the limitations “…The brake system according to claim 12, wherein the further signal connection is a serial interface and/or a pulse width modulation…” renders the claim undefined because said term has antecedent basis issues within claim 15.
To advance prosecution, the Examiner will interpret and read said limitation as “…The brake system according to claim 14 …”, as this is consistent with present application written specification, drawings and claims on record.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Zittlau – US 6,157,887 A).
Regarding claim 12, Zittlau discloses:
A brake system for a motor vehicle (motor vehicle with a brake system 1: Figs. 1-2), comprising:
an actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}), including a brake pedal (brake pedal 5: Figs. 1-2), configured to detect an actuation value specified by a driver of the motor vehicle;
at least one wheel brake (brake system 1 includes one brake (not shown) on each of its four wheels 2 that is actuated by a respective electrically controlled brake actuator or final control element 4: Figs. 1-2 and {Column 3, Lines 37-39}) assigned to a wheel (At least one of four wheels 2: Fig. 1) of the motor vehicle; and
at least one controllable actuator apparatus (At least one of brake actuators 4: Fig. 1) via which a braking force of the wheel brake (brake system 1 includes one brake (not shown) on each of its four wheels 2 that is actuated by a respective electrically controlled brake actuator or final control element 4: Figs. 1-2 and {Column 3, Lines 37-39}) can be adjusted, the actuator apparatus (At least one of brake actuators 4: Fig. 1) being coupled to the actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}) via at least one signal connection (first data transmission channel or data bus 12 and a second data transmission channel or data bus 13: Figs. 1-2) in order to adjust the braking force in accordance with an actuation value of the actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}),
wherein the signal connection (first data transmission channel or data bus 12 and a second data transmission channel or data bus 13: Figs. 1-2) is configured to transmit the actuation value from the actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}) to the actuator apparatus (At least one of brake actuators 4: Fig. 1) in encrypted form ({Column 4, Lines 60-67}: “The central controller 10 is thus in a position to carry out a triply redundant determination of the braking demands of the driver, a doubly redundant calculation of the electronic additional braking demands, and a transmission over two data transmission channels that are completely independent of one another. Via the data transmission channel 12, a secure bidirectional transmission takes place, which is embodied for instance as a {{{CAN data bus with a secure protocol}}}. Via the data transmission channel 13, at least one unidirectional data transmission that is secure against interference takes place, for instance in the form of PWM (pulse width modulated) signals”).
Examiner Comments/Notes:
A secure protocol is a set of rules for communication that uses encryption to protect data during transmission.
Regarding claim 17, Zittlau discloses:
A method for operating a brake system for a motor vehicle (motor vehicle with a brake system 1: Figs. 1-2), the brake system (brake system 1: Figs. 1-2) having:
an actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}) including a brake pedal (brake pedal 5: Figs. 1-2) configured to detect an actuation value specified by a driver of the motor vehicle,
at least one wheel brake (brake system 1 includes one brake (not shown) on each of its four wheels 2 that is actuated by a respective electrically controlled brake actuator or final control element 4: Figs. 1-2 and {Column 3, Lines 37-39}) assigned to a wheel (At least one of four wheels 2: Fig. 1) of the motor vehicle, and
at least one controllable actuator apparatus (At least one of brake actuators 4: Fig. 1) via which a braking force of the wheel brake (brake system 1 includes one brake (not shown) on each of its four wheels 2 that is actuated by a respective electrically controlled brake actuator or final control element 4: Figs. 1-2 and {Column 3, Lines 37-39}) can be adjusted, the braking force being adjusted in accordance with the actuation value transmitted by the actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}) via at least one signal connection (first data transmission channel or data bus 12 and a second data transmission channel or data bus 13: Figs. 1-2) to the actuator apparatus (At least one of brake actuators 4: Fig. 1),
the method comprising:
transmitting the actuation value in encrypted form ({Column 4, Lines 60-67}: “The central controller 10 is thus in a position to carry out a triply redundant determination of the braking demands of the driver, a doubly redundant calculation of the electronic additional braking demands, and a transmission over two data transmission channels that are completely independent of one another. Via the data transmission channel 12, a secure bidirectional transmission takes place, which is embodied for instance as a {{{CAN data bus with a secure protocol}}}. Via the data transmission channel 13, at least one unidirectional data transmission that is secure against interference takes place, for instance in the form of PWM (pulse width modulated) signals”) via the signal connection (first data transmission channel or data bus 12 and a second data transmission channel or data bus 13: Figs. 1-2) to the actuator apparatus (At least one of brake actuators 4: Fig. 1).
Regarding claim 13, Zittlau disclose the brake system according to claim 12, and further on Zittlau also discloses:
wherein the signal connection is a serial bus system including a CAN bus of the motor vehicle ({Column 4, Lines 60-67}: “Via the data transmission channel 12, a secure bidirectional transmission takes place, which is embodied for instance as a {{{CAN data bus with a secure protocol}}}.”).
Regarding claim 14, Zittlau disclose the brake system according to claim 12, and further on Zittlau also discloses:
wherein the actuator apparatus (At least one of brake actuators 4: Fig. 1) is additionally coupled to the actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}) via at least one further signal connection (motor vehicle bus 22 and a bus interface 23: Fig. 2), the further signal connection (motor vehicle bus 22 and a bus interface 23: Fig. 2) being configured to transmit the actuation value from the actuating apparatus (brakes are actuated by the driver of the motor vehicle by his delivering a braking moment demand via a brake pedal 5, which is connected to a pedal unit 6: Figs. 1-2 and {Column 3, Lines 40-43}) to the actuator apparatus (At least one of brake actuators 4: Fig. 1) in unencrypted form.
Regarding claim 15, Zittlau disclose the brake system according to claim 14, and further on Zittlau also discloses:
wherein the further signal connection (motor vehicle bus 22 and a bus interface 23: Fig. 2) is a serial interface (bus interface) and/or a pulse width modulation ({Column 2, Lines 40-45}: “In accordance with an additional feature of the invention, the first data transmission channel is a bi-directional data bus, and the second data transmission channel is a unidirectional line connected to the brake actuator and transmitting a pulse width modulated signal controlling the brake actuator”).
Regarding claim 16, Zittlau disclose the brake system according to claim 12, and further on Zittlau also discloses:
wherein the at least one actuator apparatus (At least one of brake actuators 4: Fig. 1) includes a brake booster and/or a control device for an electronic stability control system ({Column 4, Lines 20-30}: “The arithmetic unit 18 furthermore, from further sensor signals that it receives via a motor vehicle bus 22 and a bus interface 23, or from directly connected sensors 28, or via the data transmission channel 12, calculates additional electronic braking demands or brake control signals, for example for the following functions: ABS, traction control (TCS), vehicle stability control (VSC), panic braking (PBA), and so forth”).
Regarding claim 18, Zittlau disclose the method according to claim 17, and further on Zittlau also discloses:
wherein the actuation value is additionally transmitted in unencrypted form from the actuating apparatus to the actuator apparatus (At least one of brake actuators 4: Fig. 1) via at least one further signal connection (motor vehicle bus 22 and a bus interface 23: Fig. 2), and the braking force is adjusted primarily in accordance with the actuation value transmitted in unencrypted form.
Regarding claim 19, Zittlau disclose the method according to claim 18, and further on Zittlau also discloses:
wherein the actuation value transmitted in unencrypted form is validated by a comparison with the actuation value transmitted in encrypted form ({Column 4, Lines 15-20}: “The calculated values are compared with one another in the three arithmetic units. If they are identical to one another within predetermined, close tolerances, then they represent the braking moment demanded by the driver, which for example is equivalent to a brake caliper application force”).
Examiner Comments:
The 3 arithmetic units (CPU 1, CPU2, CPU 3) as shown in Fig. 2 uses encrypted (using secure protocols) and unencrypted (not using secure protocols) communication lines.
Claims 12 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Kubb – US 2018/0236974 A1).
Regarding claim 12, Kubb discloses:
A brake system (motor vehicle brake system: Fig. 1) for a motor vehicle, comprising:
an actuating apparatus (first subsystem SYS-1 and/or the wheel brakes 11, 21, 31 and 41 and second subsystem SYS-2 is connected via hydraulic lines 50, 60 including a main cylinder which can be actuated by means of a brake pedal 70 and/or an electrically actuatable hydraulic pressure source: Fig. 1), including a brake pedal (brake pedal 70: Fig. 1), configured to detect an actuation value specified by a driver of the motor vehicle;
at least one wheel brake (At least one of hydraulically actuatable wheel brakes 11, 21, 31, 41: Fig. 1) assigned to a wheel (At least one of four wheels VL, VR, HL, HR: Fig. 1) of the motor vehicle; and
at least one controllable actuator apparatus (two actuators 13, 43: Fig. 1) via which a braking force of the wheel brake (At least one of hydraulically actuatable wheel brakes 11, 21, 31, 41: Fig. 1) can be adjusted, the actuator apparatus (two actuators 13, 43: Fig. 1) being coupled to the actuating apparatus (first subsystem SYS-1 and/or the wheel brakes 11, 21, 31 and 41 and second subsystem SYS-2 is connected via hydraulic lines 50, 60 including a main cylinder which can be actuated by means of a brake pedal 70 and/or an electrically actuatable hydraulic pressure source: Fig. 1) via at least one signal connection (control lines 17 and 47: [0071]: “The interfaces can be connected together via lines or bus systems”) in order to adjust the braking force in accordance with an actuation value of the actuating apparatus (first subsystem SYS-1 and/or the wheel brakes 11, 21, 31 and 41 and second subsystem SYS-2 is connected via hydraulic lines 50, 60 including a main cylinder which can be actuated by means of a brake pedal 70 and/or an electrically actuatable hydraulic pressure source: Fig. 1),
wherein the signal connection (control lines 17 and 47: [0071]: “The interfaces can be connected together via lines or bus systems”) is configured to transmit the actuation value from the actuating apparatus (first subsystem SYS-1 and/or the wheel brakes 11, 21, 31 and 41 and second subsystem SYS-2 is connected via hydraulic lines 50, 60 including a main cylinder which can be actuated by means of a brake pedal 70 and/or an electrically actuatable hydraulic pressure source: Fig. 1) to the actuator apparatus (two actuators 13, 43: Fig. 1) in encrypted form ([0062]: “It should be pointed out that the enablement code assigned to the EPB actuator 13 can be stored in the memory 212 in different ways. Thus, it is conceivable, for example, that the enablement code, for reasons of security, is stored in encrypted form in the memory 212 and can only be decrypted for the above-mentioned comparison purposes by means of a key known to the evaluation unit 210. In addition, or alternatively, the enablement code received via the interface 200 can have been encrypted by the control unit 10. In this case, an appropriate key for decrypting the enablement code received in encrypted form can be stored either in the memory 212 or in the evaluation unit 210”).
Regarding claim 17, Kubb discloses:
A method for operating a brake system (motor vehicle brake system: Fig. 1) for a motor vehicle, the brake system (motor vehicle brake system: Fig. 1) having:
an actuating apparatus (first subsystem SYS-1 and/or the wheel brakes 11, 21, 31 and 41 and second subsystem SYS-2 is connected via hydraulic lines 50, 60 including a main cylinder which can be actuated by means of a brake pedal 70 and/or an electrically actuatable hydraulic pressure source: Fig. 1) including a brake pedal (brake pedal 70: Fig. 1) configured to detect an actuation value specified by a driver of the motor vehicle,
at least one wheel brake (At least one of hydraulically actuatable wheel brakes 11, 21, 31, 41: Fig. 1) assigned to a wheel (At least one of four wheels VL, VR, HL, HR: Fig. 1) of the motor vehicle, and
at least one controllable actuator apparatus (two actuators 13, 43: Fig. 1) via which a braking force of the wheel brake (At least one of hydraulically actuatable wheel brakes 11, 21, 31, 41: Fig. 1) can be adjusted, the braking force being adjusted in accordance with the actuation value transmitted by the actuating apparatus via at least one signal connection (control lines 17 and 47: [0071]: “The interfaces can be connected together via lines or bus systems”) to the actuator apparatus (two actuators 13, 43: Fig. 1),
the method comprising:
transmitting the actuation value in encrypted form ([0062]: “It should be pointed out that the enablement code assigned to the EPB actuator 13 can be stored in the memory 212 in different ways. Thus, it is conceivable, for example, that the enablement code, for reasons of security, is stored in encrypted form in the memory 212 and can only be decrypted for the above-mentioned comparison purposes by means of a key known to the evaluation unit 210. In addition, or alternatively, the enablement code received via the interface 200 can have been encrypted by the control unit 10. In this case, an appropriate key for decrypting the enablement code received in encrypted form can be stored either in the memory 212 or in the evaluation unit 210”) via the signal connection (control lines 17 and 47: [0071]: “The interfaces can be connected together via lines or bus systems”) to the actuator apparatus (two actuators 13, 43: Fig. 1).
Regarding claim 14, Kubb disclose the brake system according to claim 12, and further on Kubb also discloses:
wherein the actuator apparatus (two actuators 13, 43: Fig. 1) is additionally coupled to the actuating apparatus via at least one further signal connection, the further signal connection being configured to transmit the actuation value from the actuating apparatus to the actuator apparatus (two actuators 13, 43: Fig. 1) in unencrypted form ([0062]: “It should be pointed out that the enablement code assigned to the EPB actuator 13 can be stored in the memory 212 in different ways. Thus, it is conceivable, for example, that the enablement code, for reasons of security, is stored in encrypted form in the memory 212 and can only be decrypted for the above-mentioned comparison purposes by means of a key known to the evaluation unit 210. In addition, or alternatively, the enablement code received via the interface 200 can have been encrypted by the control unit 10. In this case, an appropriate key for decrypting the enablement code received in encrypted form can be stored either in the memory 212 or in the evaluation unit 210”).
Regarding claim 15, Kubb disclose the brake system according to claim 14, and further on Kubb also discloses:
wherein the further signal connection is a serial interface and/or a pulse width modulation ([0014, 0018, 0050, 0072]: “According to another variant, the enablement code is modulated onto a control signal for the motor. The control signal can have a signal level which corresponds substantially to an on-board supply voltage of the motor vehicle in which the electric parking brake is installed. For regulating the motor speed, the control signal can be pulse-width-modulated. In such a case, the enablement code can be modulated onto the control signal in addition to the pulse width modulation” and “Alternatively or in addition, the enablement code can be modulated onto another signal (e.g. onto the enablement signal and/or the control signal) directly or using an auxiliary signal. Modulation can be effected by means of frequency, phase, amplitude and/or pulse width modulation”).
Regarding claim 16, Kubb disclose the brake system according to claim 12, and further on Kubb also discloses:
wherein the at least one actuator apparatus (two actuators 13, 43: Fig. 1) includes a brake booster and/or a control device for an electronic stability control system (The first subsystem SYS-1 can implement, for example, an antilock and/or electronic stability control system (ABS or ESC): [0042]).
Regarding claim 18, Kubb disclose the method according to claim 17, and further on Kubb also discloses:
wherein the actuation value is additionally transmitted in unencrypted form from the actuating apparatus to the actuator apparatus (two actuators 13, 43: Fig. 1) via at least one further signal connection, and the braking force is adjusted primarily in accordance with the actuation value transmitted in unencrypted form ([0062]).
Regarding claim 19, Kubb disclose the method according to claim 18, and further on Kubb also discloses:
wherein the actuation value transmitted in unencrypted form is validated by a comparison with the actuation value transmitted in encrypted form ([0062].
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 5,902,019 A – Maron
US 11,400,949 B2 – Braeuchle
US 2008/0167758 A1 – Louch
US 2022/0355810 A1 - Schröter
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747
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