DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Inventorship
2. 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.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-20 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.
Claims 1, 9 and 17 recite the limitation “based on braking torques applied to the left side wheels being different from braking torques applied to the right side wheels” renders the claims indefinite; since the claims recited there are right side wheels and left side wheels of first axle and second axle. Therefore, the Applicant must clarify that which axle (first or second axle) can be used for this limitation.
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
7. Claims 1-20, as far as understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LO (US 2024/0227808 A1).
Regarding claim 1, notes Figure , a brake device [brake system] comprising: a first brake module [first one of the brake circuits] and a second brake module [second one of the brake circuits] respectively associated with braking of right side and left side wheels of a first axle of a vehicle (100) [para. 0009]; a third brake module [third one of the brake circuits] and a fourth brake module [fourth one of the brake circuits] respectively associated with braking of right side and left side wheels of a second axle of the vehicle (100) [Figure 3 and para. 0057 teaches brake controllers and/or assemblies (220) may each be referred to as a brake circuit]; and a controller (104) [para. 0047 teaches the vehicle control module (104) may control operation of a propulsion system (139) that includes an engine (140), a converter/generator (142), a transmission (144), and/or electric motors (160), as well as control operation of a brake actuator system (158) and/or a steering system (162) according to parameters set by the modules (103, 104, 105, 111, 112, 116, 118, 119)] configured to control the first, second, third, and fourth brake modules (220) based on a pedal signal associated with movement of a brake pedal [para. 0050 teaches a brake actuator (170) may include a traditional style brake pedal; and para. 0051 teaches the vehicle control module (104) may determine various parameters including a vehicle speed, and engine speed, an engine torque, yaw rate, a gear state, an accelerometer position, a brake pedal position, an amount of regenerative (charge) power, and/or other information], wherein the controller (104) is configured to: based on identifying a failure of at least one of the first, second, third and fourth brake modules [para. 0061 teaches the sensors are monitors to detect when a failure exists in one or more of the brake circuits], request a driving device [brake actuator system (158)] of the vehicle to perform regenerative braking of a wheel (306) associated with a with-failure brake module from among the first, second, third, and fourth brake modules [Figure 6; at 608, if there has been a braking system failure or not; Further see para. 0078-0079] and control a braking torque of a without-failure brake module from among the first, second, third and fourth brake modules [Figure 6; at 608, if there has been a braking system failure or not; Further see para. 0078-0079], and based on braking torques applied to the left side wheels being different from braking torques applied to the right side wheels, request a steering device [steering system (162)] of the vehicle to steer the vehicle [Figures 6 and/or 7].
Regarding claim 2, as discussed in claim 1, LO invention further teaches wherein the controller is configured to: obtain a driver required braking torque based on the pedal signal, obtain a maximum regenerative braking torque of the driving device, and request the driving device to perform the regenerative braking based on whether the driver required braking torque is less than or equal to the maximum regenerative braking torque [Figure 6 describes a braking stability method for vehicle; see explanation in para. 0074-0092].
Regarding claim 3, as discussed in claim 1, notes Figure 6, LO invention further teaches wherein the controller is configured to request the driving device to apply a regenerative braking torque corresponding to the driver required braking torque to the wheel associated with the with-failure brake module [para. 0079], when the driver required braking torque is less than or equal to the maximum regenerative braking torque [para. 0088].
Regarding claim 4, as discussed in claim 1, notes Figure 6, LO invention further teaches wherein the controller is configured to control the without-failure brake module to apply a braking torque corresponding to the driver required braking torque [para. 0079], when the driver required braking torque is less than or equal to the maximum regenerative braking torque [para. 0088].
Regarding claim 5, as discussed in claim 1, notes Figure 6, LO invention further teaches wherein the controller is configured to request the driving device to apply a regenerative braking torque corresponding to the maximum regenerative braking torque to the wheel associated with the with-failure brake module, when the driver required braking torque exceeds the maximum regenerative braking torque [para. 0079-0083].
Regarding claim 6, as discussed in claim 1, notes Figure 6, LO invention further teaches wherein the controller is configured to control the without-failure brake module to apply a braking torque corresponding to a difference between the driver required braking torque and the maximum regenerative braking torque, when the driver required braking torque exceeds the maximum regenerative braking torque [para. 0088].
Regarding claim 7, as discussed in claim 1, LO invention further teaches wherein the controller is configured to request the steering device of the vehicle to steer the vehicle, when the with-failure brake module includes two brake modules provided on a same side of the first and second axles [Figures 6 and/or 7].
Regarding claim 8, as discussed in claim 1, LO invention further teaches wherein the controller is configured not to request the steering device of the vehicle to steer the vehicle, when the with-failure brake module includes two brake modules provided on a different side of the first and second axles [Figures 6 and/or 7].
Regarding claims 9-16, as discussed in claims 1-9, LO invention teaches a braking stability system and method.
Regarding claims 17-20, see discussions in claims 1, 7 and 8.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHNNY H HOANG whose telephone number is (571) 272-4843. The examiner can normally be reached on Monday-Friday [Maxi-Flex].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached on (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 12, 2026
/JHH/
/Johnny H. Hoang/
Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747
Prosecution Insights