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 Objections
Claims 3, 7 and 11 are objected to because of the following informalities: Claim 3 line 2, the phrase “an” should be changed to “the”; Claim 7 line 1, the recitation “valves” should be changed to “valve”; Claim 11 line 2, the second occurrence of “and/or” should be deleted. 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.
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 6 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 6 recites the limitation "the first axial end" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the second axial end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-5 and 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0200307 A1 to Feigel.
Re-claim 1, Feigel discloses a brake system comprising: a brake pedal 21; a master cylinder 1 includes a first master chamber 4, a second master chamber 5, a first master piston 2, a second master piston 3, the first master piston 2 is directly displaced by the brake pedal (via rod 20), the second master piston is a floating piston separates the first master chamber 4 from the second master chamber 5; a first hydraulic circuit (such as connected to line 27a) includes at least one first hydraulic wheel brake (such as one of 6a/6b); a second hydraulic circuit (such as connected to line 27b) includes at least one second hydraulic wheel brake (such as one of 6c/6d); a reservoir 9 stores a brake fluid, the first master chamber is connected to the reservoir via a second cut-off valve 25; a first pressure relief path 33 depressurizes the first hydraulic circuit in normal operating mode and hydraulically connects the first hydraulic circuit to the reservoir via the first master chamber (see figures 5-12) and the second cut-off valve 25, a part of the first pressure relief path connecting the first master chamber to the first hydraulic circuit for pressurizing the first hydraulic circuit in an emergency mode (see for instance paragraph 56). Closure of cut-off valve 25 allows a fluid pressure buildup in chamber 4.
Re-claim 2, a hydraulic pressure supplier 18 includes an actuator 35 for pressurizing the first hydraulic circuit and the second hydraulic circuit depending on an operation of the brake pedal in a normal operating mode of the brake system (see paragraph 77, fluid pressure from chamber 38 is transmitted to wheel brakes 6a/6b via line 41 and to wheel brakes 6c/6d via line 141 and chamber 5).
Re-claim 3, the first master chamber 4 is hydraulically connected to the first hydraulic circuit for pressurizing the first hydraulic circuit in an emergency mode of the brake system (see for instance paragraph 56).
Re-claim 4, the second master chamber 5 is hydraulically connected to the second hydraulic circuit via a first cut-off valve (such as one of valve 7c/7d) for pressurizing the second hydraulic circuit in the emergency mode when the first cut-off valve is open, the second master piston can be locked in a locking position by closing the first cut-off valve in the normal operating mode. During normal operation, the second master piston remains stationary, as no pressure is built up in chamber 4.
Re-claim 5, an elastic pedal feel element is arranged in the first master chamber and in direct contact with both of the first master piston and the second master piston. The return spring positioned in chamber 4 is broadly interpreted as an elastic pedal feel element.
Re-claim 7, a check valve (such as check valve 40 or 240 in figure 7) is provided to store brake fluid in a reservoir that is hydraulically connected to the hydraulic pressure supplier 18.
Re-claim 8, a brake fluid supply path (such as 26a and/or 26b) hydraulically connects the first master chamber and the second master chamber.
Re-claim 9, figure 12 shows a plurality of cut-off valves and check valves between the hydraulic circuits and pressure supplier, the cut-off valves are 2/2 valves
Re-claim 10, a control unit 61 maintains the first cut-off valve closed and the second cut-off valve open in the normal operating mode and/or for opening the first cut-off valve and closing the second cut-off valve in order to switch the brake system in the emergency mode when a failure is detected.
Re-claim 11, the first cut-off valve 7c/7d is a normally open valve and/or the second cut-off valve 25 is a normally closed valve.
Re-claim 12, the first cut-off valve and the second cut-off valve are electrically operated valves.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 (which comprises limitations from claims 1 and 2) of U.S. Patent No. 12,139,111. Although the claims at issue are not identical, they are not patentably distinct from each other because all that is recited in patented claim 10 is found in claims 1-6, with the recited feature of “direct contact” in claim 5 as an obvious variant to what is covered by the similarly recited feature in patented claim 1.
Patent Application Claim
Patented Claim US 12,139,111
Claim 1. A brake system comprising:
a brake pedal;
a master cylinder including a first master chamber, a second master chamber, a first master piston, and a second master piston, the first master piston being directly displaceable by operating the brake pedal and the second master piston being a floating piston and separating the first master chamber, which is between the first master piston and the second master piston, from the second master chamber;
a first hydraulic circuit including at least one first hydraulic wheel brake;
a second hydraulic circuit including at least one second hydraulic wheel brake;
a reservoir for storing a brake fluid, the first master chamber being hydraulically connected to the reservoir via a second cut-off valve; and
a first pressure relief path for depressurizing the first hydraulic circuit in a normal operating mode hydraulically connects the first hydraulic circuit to the reservoir via the first master chamber and the second cut-off valve, a part of the first pressure relief path connecting the first master chamber to the first hydraulic circuit for pressurizing the first hydraulic circuit in an emergency mode.
Combined patented Claims 1, 2 and 10. A brake system comprising:
a brake pedal;
a master cylinder including a first master chamber, a second master chamber, a first master piston, and a second master piston, the first master piston being directly displaceable by operating the brake pedal and the second master piston being a floating piston and separating the first master chamber, which is between the first master piston and the second master piston, from the second master chamber;
a first hydraulic circuit including at least one first hydraulic wheel brake;
a second hydraulic circuit including at least one second hydraulic wheel brake; and
a hydraulic pressure supplier including an actuator for pressurizing the first hydraulic circuit and the second hydraulic circuit depending on an operation of the brake pedal in a normal operating mode of the brake system (claim 2 of the application),
wherein the first master chamber is hydraulically connected to the first hydraulic circuit for pressurizing the first hydraulic circuit in an emergency mode of the brake system (claim 3 of the application),
wherein the second master chamber is hydraulically connected to the second hydraulic circuit via a first cut-off valve for pressurizing the second hydraulic circuit in the emergency mode when the first cut-off valve is open, while the second master piston is configured to be locked in a locking position by closing the first cut-off valve in the normal operating mode (claim 4 of the application), and
wherein an elastic pedal feel element is arranged in the first master chamber and in contact with both of the first master piston and the second master piston (claim 5 of the application), and
a first axial end portion of the elastic pedal feel element in a recess of the first master piston has a diameter greater than a diameter of a second axial end portion of the elastic pedal feel element in a recess of the second master piston (claim 6 of the application).
Claim 2. The brake system of claim 1, further comprising a reservoir for storing a brake fluid, the first master chamber being hydraulically connected to the reservoir via a second cut-off valve.
Claim 10. The brake system of claim 2, wherein a first pressure relief path for depressurizing the first hydraulic circuit in the normal operating mode hydraulically connects the first hydraulic circuit to the reservoir via the first master chamber and the second cut-off valve, a part of the first pressure relief path connecting the first master chamber to the first hydraulic circuit for pressurizing the first hydraulic circuit in the emergency mode.
Claim 2. The brake system of claim 1, further comprising a hydraulic pressure supplier including an actuator for pressurizing the first hydraulic circuit and the second hydraulic circuit depending on an operation of the brake pedal in a normal operating mode of the brake system.
Claim 3. The brake system of claim 1, wherein the first master chamber is hydraulically connected to the first hydraulic circuit for pressurizing the first hydraulic circuit in an emergency mode of the brake system.
Claim 4. The brake system of claim 1, wherein the second master chamber is hydraulically connected to the second hydraulic circuit via a first cut-off valve for pressurizing the second hydraulic circuit in the emergency mode when the first cut-off valve is open, while the second master piston can be locked in a locking position by closing the first cut-off valve in the normal operating mode.
Claim 5. The brake system of claim 1, wherein an elastic pedal feel element is arranged in the first master chamber and in direct contact with both of the first master piston and the second master piston.
Claim 6. The brake system of claim 5, the first axial end portion of the elastic pedal feel element in a recess of the first master piston has a diameter greater than a diameter of the second axial end portion of the elastic pedal feel element in a recess of the second master piston.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dinkel, Biller, Strengert, Kusano and Ito each teach a brake system having a pressure relief path between a reservoir and master cylinder chamber.
Any inquiries concerning this communication or earlier communications from the
examiner should be directed to Thomas Williams whose telephone number is 571-272-7128.
The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the
organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 571-272-6584.
TJW /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 October 1, 2026
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