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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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.
Status of Claims
This Office Action is in response to the application filed on 9/11/2025. Claims 1, 3, and 7-19 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, however the request for foreign priority cannot yet be approved due to the lack of certified English copies, per requirements of 35 U.S.C. 119 (a)-(d), specifically 35 U.S.C. 119 (b)(3), see below.
(3) The Director may require a certified copy of the original foreign application, specification, and drawings upon which it is based, a translation if not in the English language, and such other information as the Director considers necessary. Any such certification shall be made by the foreign intellectual property authority in which the foreign application was filed and show the date of the application and of the filing of the specification and other papers.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 9/11/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 and 7-10 are objected to because of the following informalities:
Claim 1 and claim 7 as currently presented states “…a braking force…a braking force…the braking force…” to which the Examiner recommends updating to differentiate between any/all braking forces properly so as to prevent potential misinterpretation.
Claim 8, claim 9, and claim 10 as currently presented states “A brake device for a railway vehicle…” to which the Examiner recommends updating to instead state “[ [ A ] ] The brake device for [ [ a ] ] the railway vehicle…” so as to prevent potential misinterpretation.
Claims 3 and 11-19 are dependent upon objected claims as listed above and are therefore objected to as well.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 8, 11, 14-15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (US-2015/0294049; hereinafter Kang) in view of Nishikawa et al. (US-2018/0194333; hereinafter Nishi).
Regarding claim 1, Kang discloses a brake device for a railway vehicle to generate a braking force by pressing a friction member against a rotator rotating during travel of the railway vehicle (see Kang at least Abs), the brake device comprising:
…
…
friction member controlling circuitry to control movement of the friction member (see Kang at least [0041] “The pneumatic brake 200 may further include a brake pad, a wheel, an air compressor, wheel slide protection valves, and an ASCU (Anti-Skid control unit), and is a mechanical brake for generating a braking force by pneumatic pressure.” [0047] "As illustrated in FIG. 2, the ECU 210 transmits a control signal for braking to the BOU 220 through a signal conditioner (not illustrated). The BOU 220 is connected to wheel slide protection valves 240 corresponding to four wheelsets 260a, 260b, 260c, and 260d, respectively, and adjusts pneumatic pressure for braking." and [0051] "In general, the ECU receives a brake command, weight, and a vehicle speed signal as input, secures compressed air through a relay valve via an EP (electro-pneumatic) valve converting a calculated electrical signal into pneumatic pressure, and sends the compressed air to a brake cylinder...") …
a braking force sensor to detect a braking force generated between the rotator and the friction member (see Kang at least [0042] "The sensor unit 300 includes load cells 310 and pressure sensors 320. The load cell 310 is disposed on a wheel or a disc, and particularly, it is disposed between a wheel disc and a brake pad in wheel disc braking and between a disc and a brake pad in disc braking, and measures force acting on the brake pad by brake caliper 230. Only one or many load cells 310 may be disposed on a wheel or a disc."),
wherein the calculating circuitry determines whether the braking force is generated based on detection information from the braking force sensor (see Kang at least [0042] "The sensor unit 300 includes load cells 310 and pressure sensors 320. The load cell 310 is disposed on a wheel or a disc, and particularly, it is disposed between a wheel disc and a brake pad in wheel disc braking and between a disc and a brake pad in disc braking, and measures force acting on the brake pad by brake caliper 230. Only one or many load cells 310 may be disposed on a wheel or a disc." and [0054] "...When a frictional braking force at the disc is over an adhesive force on the rail, a vehicle is in a slide (skid) state, and then problems will occur such as a wheel flat at contact patch and reduction of braking force, which results in a dangerous running situation of the railway vehicle."), and ...
However, Kang does not explicitly disclose the following:
…control command acquiring circuitry to acquire a proximate-positioning control command for moving the friction member to be proximate to the rotator without generating a decelerating force…
…calculating circuitry to calculate a minute output target value being a target value of a force for pressing the friction member against the rotator in response to the proximate-positioning control command acquired by the control command acquiring circuitry…
…control movement of the friction member based on the minute output target value calculated by the calculating circuitry…
…performs correction to decrease the minute output target value when the braking force is generated and performs correction to increase the minute output target value when the braking force is not generated.
Nishi, in the same field of endeavor, teaches the following:
…control command acquiring circuitry to acquire a proximate-positioning control command for moving the friction member to be proximate to the rotator without generating a decelerating force (see Nishi at least [0025]-[0026] "During no operation being applied to the brake operation member 27, when the accelerator operation detector 21 detects that the accelerator operation member 28 is not being operated, the vehicle stop detector 23 detects that the vehicle is at a stop, and the operation record flag is “ON” indicating a contact state where the friction member 9 is in contact with the rotational member 8, the target clearance determination unit 17 sets the target clearance to zero to maintain the contact state between the rotational member 8 and the friction member 9... During no operation being applied to the brake operation member 27, when the accelerator operation detector 21 detects that the accelerator operation member 28 is being operated, the target clearance determination unit 17 may set the operation record flag to “OFF” indicating a non-contact state where the friction member 9 is not in contact with the rotational member 8, to set the target clearance to a predetermined size other than zero." [0029] "...The operation record flag is then set to “OFF”, and the target clearance is set to a clearance (other than zero) that allows the friction member 9 to be located at the stand-by position because the driver intends to maintain the traveling state." and [0054] "...The control device 2 includes a processor, which is programmed so as to execute algorithms of the respective components of the control device 2.")…
…calculating circuitry to calculate a minute output target value being a target value of a force for pressing the friction member against the rotator in response to the proximate-positioning control command acquired by the control command acquiring circuitry (see Nishi at least [0054] "...The control device 2 includes a processor, which is programmed so as to execute algorithms of the respective components of the control device 2." [0058] "When the accelerator pedal operation detector 21 detects that the accelerator operation member 28 is operated and the status of the operation record flag being “OFF” is inputted from the operation record flag off section 25, the clearance determination section 26 sets a target clearance to a predetermined size other than zero. That is, the clearance determination section 26 sets the target clearance to a clearance (other than zero) that allows the friction member 9 to be located at a stand-by position..." [0065] "The pressing command unit 18 has a function of determining a command value of a pressing force that causes a braking force... The pressing force generation section 29 converts the generated command value of the pressing force into a corresponding current command, so that the electric motor 4 (FIG. 1) is driven according to the current command, whereby the friction member 9 (FIG. 1) comes into contact with the brake rotor 8 (FIG. 1), and a braking force is generated." and [0068]-[0069] "When the clearance determination section 26 sets the target clearance to a clearance (other than zero) that allows the friction member 9 to be located at the stand-by position and the actual clearance is adjusted by the clearance adjustment section 30, the linear motion mechanism 6 is driven so as to secure a predetermined clearance δ between the brake rotor 8 and the friction member 9 as shown in FIG. 3A… When the clearance determination section 26 shown in FIG. 2 sets the target clearance to zero and the actual clearance is adjusted by the clearance adjustment section 30, the linear motion mechanism 6 is driven so as to eliminate the clearance δ between the brake rotor 8 and the friction member 9 (so as to satisfy δ=0) as shown in FIG. 3B.")…
…control movement of the friction member based on the minute output target value calculated by the calculating circuitry (see Nishi at least [0065] "The pressing command unit 18 has a function of determining a command value of a pressing force that causes a braking force... The pressing force generation section 29 converts the generated command value of the pressing force into a corresponding current command, so that the electric motor 4 (FIG. 1) is driven according to the current command, whereby the friction member 9 (FIG. 1) comes into contact with the brake rotor 8 (FIG. 1), and a braking force is generated." and [0069] "When the clearance determination section 26 shown in FIG. 2 sets the target clearance to zero and the actual clearance is adjusted by the clearance adjustment section 30, the linear motion mechanism 6 is driven so as to eliminate the clearance δ between the brake rotor 8 and the friction member 9 (so as to satisfy δ=0) as shown in FIG. 3B.")…
…performs correction to decrease the minute output target value when the braking force is generated and performs correction to increase the minute output target value when the braking force is not generated (see Nishi at least [0050] "The linear motion mechanism 6 configured to covert, by the feed screw mechanism, rotary motion outputted from the speed reduction mechanism 5 into linear motion of a linear motion portion 14, and to bring the friction member 9 into contact with the brake rotor 8 or separate the friction member 9 from the brake rotor 8...").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the force acting on train brakes as disclosed by Kang with incremental adjustments to a clearance gap such as taught by Nishi with a reasonable expectation of success for the sake of refining brake controls (see Nishi at least [0007]).
Regarding claim 8, Kang in view of Nishi teach a brake device for a railway vehicle, the brake device comprising:
a plurality of mechanical brake assemblies each including the friction member, the friction member controlling circuitry, and the braking force sensor (see Kang at least [0047] "As illustrated in FIG. 2, the ECU 210 transmits a control signal for braking to the BOU 220 through a signal conditioner (not illustrated). The BOU 220 is connected to wheel slide protection valves 240 corresponding to four wheelsets 260a, 260b, 260c, and 260d, respectively, and adjusts pneumatic pressure for braking." [0049] "Output ends of the wheel slide protection valves 240 are connected to the brake calipers 230 on wheels. The load cell 310 is disposed on at least one wheel or disc and measures the braking force of the brake calipers 230." and [0056] "The ASCU 250 reads signals from speed sensors on the four wheelsets 260a, 260b, 260c, and 260d, and determines a wheel slide, a re-adhesion and a complete re-adhesion on the basis of measured speed signals. In accordance with the states of the wheelset determined by the ASCU 250, the ASCU 250 transmits the output for quick release, hold, recovery, and normal application modes to the WSP valves 240."),
wherein each of the plurality of mechanical brake assemblies undergoes the correction according to claim 1 ((see Kang at least [0077] "The modeling unit 400 transmits calculation results for braking of a vehicle to the user terminal 100 for monitor display, and feeds back four speed signals, Wheel speed 1, Wheel speed 2, Wheel speed 3, and Wheel speed 4 of four wheelsets, an emergency braking command, a brake mode signal, payload, and a brake command of a railway vehicle to the ECU 210. Then, the ECU 210 calculates again the braking force on the basis of the feedback information and transmits it to the BOU 220, and the BOU 220 produces pneumatic pressure corresponding to the calculation result.") and (see Nishi at least [0050] "The linear motion mechanism 6 configured to covert, by the feed screw mechanism, rotary motion outputted from the speed reduction mechanism 5 into linear motion of a linear motion portion 14, and to bring the friction member 9 into contact with the brake rotor 8 or separate the friction member 9 from the brake rotor 8...")).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the brake device as disclosed by Kang with corrections as further taught by Nishi with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 11, Kang in view of Nishi teach the brake device according to claim 1, wherein
the braking force sensor is installed at the friction member, the friction member controlling circuitry, or the rotator (see Kang at least [0042] "The sensor unit 300 includes load cells 310 and pressure sensors 320. The load cell 310 is disposed on a wheel or a disc, and particularly, it is disposed between a wheel disc and a brake pad in wheel disc braking and between a disc and a brake pad in disc braking, and measures force acting on the brake pad by brake caliper 230. Only one or many load cells 310 may be disposed on a wheel or a disc.").
Regarding claim 14, Kang in view of Nishi teach the brake device according to claim 8. Additionally, Kang discloses the analogous material of that in claim 11 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 15, Kang in view of Nishi teach the brake device according to claim 1, wherein
the proximate-positioning control command (see Nishi at least [0025]-[0026] "During no operation being applied to the brake operation member 27, when the accelerator operation detector 21 detects that the accelerator operation member 28 is not being operated, the vehicle stop detector 23 detects that the vehicle is at a stop, and the operation record flag is “ON” indicating a contact state where the friction member 9 is in contact with the rotational member 8, the target clearance determination unit 17 sets the target clearance to zero to maintain the contact state between the rotational member 8 and the friction member 9... During no operation being applied to the brake operation member 27, when the accelerator operation detector 21 detects that the accelerator operation member 28 is being operated, the target clearance determination unit 17 may set the operation record flag to “OFF” indicating a non-contact state where the friction member 9 is not in contact with the rotational member 8, to set the target clearance to a predetermined size other than zero." and [0029] "...The operation record flag is then set to “OFF”, and the target clearance is set to a clearance (other than zero) that allows the friction member 9 to be located at the stand-by position because the driver intends to maintain the traveling state.") is an inshot control command (see Kang at least [0052]-[0053] "The ECU 210 performs braking force blending, a braking pattern generation, a jerk control, inshot control, and pneumatic pressure control. Since it is difficult to measure a generated braking force, open loop control is usually applied to a braking force. An open loop braking control algorism is simple and easily achieved, but it is weak to disturbance of a system. The ECU 210 calculates the weight load of a train from the pressure of an air spring and performs load compensating control to maintain a deceleration performance regulated for normal and emergency braking on the basis of the weight. The inshot control function produces pneumatic pressure considering an offset value due to spring reaction force inside the brake cylinder. The inshot control function allows fast braking response in pneumatic braking, and helps efficient brake blending between electric braking and mechanical braking.") or a snow braking control command.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the brake device as disclosed by Kang with proximate-positioning control commands as further taught by Nishi with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 18, Kang in view of Nishi teach the brake device according to claim 8. Additionally, both Kang and Nishi teach the analogous material of that in claim 15 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 19, Kang in view of Nishi teach the brake device according to claim 11. Additionally, both Kang and Nishi teach the analogous material of that in claim 15 as recited in the instant claim and is rejected for similar reasons.
Allowable Subject Matter
Claims 7, 10, 13, and 17 are allowed (claim objections outstanding).
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, Kang in view of Nishi teach the analogous material of that in claim 1 as recited in the instant claim. Additionally, primary reference Kang discloses "…the detection information from the braking force sensor…" and secondary reference Nishi teaches a “…correction to increase the minute output target value when the calculating circuitry determines that the braking force is not generated…”.
However neither reference discloses or teaches the following:
“…a braking force generation number being a number of times the braking force is determined to be generated…the braking force generation number is an initial value…the braking force generation number is not the initial value…”
Busse (US-2020/0010059) teaches a vehicle braking system which tracks brake operation usage, which implies awareness of braking force application, however this implied tracking does not result in controls such as detailed in claim 7, nor would there have adequate motivation to combine the teachings.
Claims 10, 13, and 17 are dependent upon claim 7 and are thus allowed for similar reasons.
Claims 3, 9, 12, and 16 are objected to as being dependent upon rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, for reasons similar to those provided above in claims 7, 10, 13, and 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Marx (US-2023/0192044) teaches a detection of braking force on a brake disc, and corrective braking forces which are capable of adjusting an amount of braking force.
Skweres (US-2019/0023254) teaches a railway braking apparatus which includes an inshot valve and an inshot valve passageway.
Thomas (US-2009/0218880) teaches a railway braking apparatus which includes an inshot valve that regulates two stages of fluid flow so as to ensure proper controls of the brakes.
Jamieson (US-5,746,485) teaches electropneumatic equipment of a railway braking apparatus which features control of inshot and snow brake functions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN REIDY whose telephone number is (571) 272-7660. The examiner can normally be reached on M-F 7:00 AM- 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.P.R./Examiner, Art Unit 3663
/KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
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