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 Interpretation
Please note that the claims are directed to an apparatus which must be distinguished from the prior art in terms of structure rather than function [MPEP 2114]. Hence, the functional limitations “hardware processor that controls…”, “hardware processor controls…”, and “hardware processor further controls…”, which are narrative in form have been given very little patentable weight, insomuch as the examiner bears the burden of supplying art that discloses the claimed structure and is capable of performing the claimed functions, while not necessarily needing to explicitly disclose performing the claimed functions. In order to be given patentable weight, a functional recitation must be supported by recitation in the claim of sufficient structure to warrant the presence of the functional language. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)
In this case, the hardware processor should be “configured to” or “programmed to” perform the recited functions in the claims in order for the functions to be given full patentable weight. For the purpose of compact prosecution, the functions have been cited in the prior art below as if the claims currently recited “configured to” language in each of the claims.
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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyce et al (US2020/0114892A1).
Regarding claim 1, Boyce teaches a brake system (Figures 1-2) including: a service brake capable of generating a first braking force on a vehicle (transmitted by service diaphragm 14, service pushrod 16, etc. as described in Paragraphs 0016,0017, 0018, etc.); and a parking brake capable of generating a second braking force on the vehicle (transmitted by parking diaphragm 20, parking pushrod 22, etc. as described in Paragraphs 0019, 0020, 0021, etc.) (See service and parking brake description in Paragraphs 0015+ [beginning with service brake chamber 26 and parking brake chamber 28 in Paragraph 0015], as well as corresponding Figures 1-2), the brake system comprising a hardware processor (of controller 84, for example [Paragraphs 0023, 0031, 0034, 0084, etc.]) configured to control the first braking force according to a vehicle speed of the vehicle and control the second braking force according to the vehicle speed (Paragraphs 0031-0032, 0040-0042 describe the speed based control of both force outputs from the service and parking brake).
Regarding claim 2, Boyce discloses the invention of claim 1 as discussed above, and further teaches a parking brake chamber configured to be pressure-adjustable to increase and decrease the second braking force (See previously cited parking brake chamber 28), wherein the hardware processor is configured to control pressure in the parking brake chamber according to the vehicle speed (Paragraphs 0031-0032, 0040-0042 describe the speed based control of both force outputs from the service and parking brake).
Regarding claim 3, Boyce discloses the invention of claim 1 as discussed above, and further teaches that the hardware processor is configured to control the second braking force based on a yaw rate of the vehicle (Paragraphs 0031-0032, 0040-0042 describe the yaw rate based (using yaw rate sensor [46] input) control of both force outputs from the service and parking brake).
Regarding claim 4, Boyce discloses the invention of claim 1 as discussed above, and further teaches that the hardware processor is configured to control the second braking force based on a lateral slip speed of the vehicle (Paragraph 0032 [See “compare the output of sensors 74, 76 to determine whether the intended direction of travel for the vehicle (as indicated by sensor 74) matches the actual direction of travel (as indicated by sensor 76) and thereby determine whether there has been a loss of traction between the wheels and the road. When the intended and actual directions of the vehicle diverge, the system generates control signals for one or both of the vehicle engine and the wheel brakes 68 in order to control the torque at one or more of the wheels so that the actual direction of the vehicle will match the intended direction.” in combination with previously cited sections]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN R STECKBAUER whose telephone number is (571)270-0433. The examiner can normally be reached Monday - Thursday 9:30-7:30 PST.
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/KEVIN R STECKBAUER/
