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 .
Response to Amendment
The amendment filed 09/12/2025 has been entered. Claims 13, 24 have been amended and claims 1-12 have been previously cancelled. Therefore, claims 13-24 are now pending in the application.
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.
Claims 13, 14, 16, 17, 20, 21, 23 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nilsson (WO 2018/114275).
Regarding claim 13, Nilsson discloses a brake assembly (see FIG. 1, page 21, lines 11-19), comprising: a brake disc (see page 21, line 15) in rotational engagement with a wheel of a vehicle (see page 21, line 15); a brake pad (4a-4d) (see page 21, line 14) which frictionally engages said brake disc when an actuator force is applied thereto (see page 21, lines 14-15); an actuator (3a-3d) having an output shaft (see page 42, lines 17-19, “a plunger which is mechanically connected to the brake element”) driven in a forward direction and a reverse direction (see page 36, line 29, “brake actuation mode;” page 37, line 2, “release mode”), wherein movement of the output shaft in the forward direction brings the brake pad and brake disc into said frictional engagement (see page 36, line 27; page 21, lines 14-15), and wherein movement of the output shaft in the reverse direction brings the brake pad and brake disc out of said frictional engagement (see page 37, line 2); an energy absorption unit (3a, 9a) absorbing forces (see page 9, lines 22-25) acting on the output shaft in the reverse direction in case of a predetermined operation situation occurring in an uncontrolled situation of the brake assembly (see page 9, lines 17-32; “uncontrolled situation” would include full pedal release and/or errors in the pedal sensor, control unit, power supply or actuator that cause release), thereby transferring kinetic energy of the output shaft moving in the reverse direction into energy of the energy absorption unit (see page 9, lines 22-25; 37, lines 15-16); and wherein the energy absorption unit is adapted to dissipate the absorbed forces (see page 9, lines 22-25; 37, lines 15-16).
Regarding claim 14, Nilsson discloses that the brake assembly according to claim 13, wherein the energy absorption unit is adapted to dissipate the absorbed forces by way of friction, electronic resistance (see page 9, lines 22-25) or viscous dampening.
Regarding claim 16, Nilsson discloses that the energy absorption unit is adapted to counteract forces acting on the output shaft in the reverse direction in the predetermined operation situation such that kinetic energy of the output shaft caused by the forces acting on the output shaft in the reverse direction is transferred into kinetic energy of the energy absorption unit, heat and/or electric energy (see page 9, lines 22-25).
Regarding claim 17, Nilsson discloses that the energy absorption unit is realized in that the actuator comprises an electric machine for driving the output shaft (see page 42, lines 17-19), and the electric machine is operable in an electric generator mode adapted to absorb said forces (see page 37, lines 15-16; page 9, lines 17-32).
Regarding claim 20, Nilsson discloses that the energy absorption unit is electrically activated (see page 37, lines 15-16; page 9, lines 17-32) and/or coupled to the actuator such that in case of the predetermined operation situation, the energy absorption unit is automatically activated in order to absorb the output shaft forces (see page 37, lines 15-16; page 9, lines 17-32).
Regarding claim 21, Nilsson discloses that the energy absorption unit comprises an eddy current brake (see page 37, lines 15-16; page 9, lines 17-32; generator mode creates an eddy current), wherein upon movement of the output shaft in the reverse direction, beyond the rest position, an electric current through a coil is induced, which is accumulated or dissipated by the energy absorption unit (see page 37, lines 15-16; page 9, lines 17-32).
Regarding claim 23, Nilsson discloses that the actuator is a pneumatic, an electro-mechanic or a hydraulic actuator (see page 42, lines 17-19).
Regarding claim 24, Nilsson discloses a method for controlling a brake assembly (see page 36, line 27 to page 37, line 16) comprising a brake disc (see page 21, line 15), a brake pad (4a-4d) (see page 21, line 14) and an actuator (3a-3d) with an output shaft (see page 42, lines 17-19, “a plunger which is mechanically connected to the brake element”) driven in a forward direction and a reverse direction (see page 36, line 27 to page 37, line 16), the method comprising: determining a predefined operating situation (see page 9, lines 17-32); and absorbing and dissipating forces acting on the output shaft in the reverse direction (see page 37, lines 15-16) in case of the predefined operating situation occurring in an uncontrolled situation of the brake assembly (see page 9, lines 17-32; “uncontrolled situation” includes full pedal release where actuator is no longer controlled to actuate brakes and/or malfunction of pedal sensor and/or control unit incorrectly indicating release), thereby transferring kinetic energy of the output shaft in the reverse direction into one or more of kinetic energy of an energy absorption unit, heat and/or electric energy (see page 9, lines 22-25; 37, lines 15-16).
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 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.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Nilsson (WO 2018/114275), as applied to claim 1, above, and further in view of Glinka (US 2019/0023151).
Regarding claim 22, Nilsson discloses that the actuator is coupled to the energy absorption unit (9a) and configured in that the absorbed forces by the energy absorption unit are dissipated by the actuator (see page 37, lines 15-16; page 9, lines 17-32).
Nilsson does not disclose that the actuator includes an electric resistor.
Glinka teaches a generator (18) comprising a power supply (25) and a resistor (32) (see ¶ 0039).
It would have been obvious to combine the resistor with the generator of Nilsson to provide a means for dissipating the generator electricity via heat in the event of the power source being fully charged and/or malfunctioning of the power source.
Claims 13-16, 18, 19 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Calvo Martinez et al. (US 2020/0384972) in view of Okada et al. (US 2017/0355356).
Regarding claim 13, Calvo Martinez discloses a brake assembly (see Abstract, FIGS. 1, 2), comprising: a brake disc (400) in rotational engagement with a wheel of a vehicle (see ¶ 0035); an actuator (100) having an output shaft (118) driven in a forward direction and a reverse direction (see ¶ 0039; FIG. 2), wherein movement of the output shaft in the forward direction brings the brake into engagement (see ¶ 0043), and wherein movement of the output shaft in the reverse direction brings the brake out of engagement (see ¶ 0044); an energy absorption unit (132) absorbing forces (see ¶ 0044) acting on the output shaft in the reverse direction in case of a predetermined operation situation occurring in an uncontrolled situation of the brake assembly (see FIG. 2, absorption unit (132) would absorb forces in both controlled and uncontrolled situations), thereby transferring kinetic energy of the output shaft moving in the reverse direction into energy of the energy absorption unit (see ¶ 0044); and wherein the energy absorption unit is adapted to dissipate the absorbed forces (see ¶¶ 0044, 0052).
Calvo Martinez does not explicitly disclose that the brake comprises a brake pad which frictionally engages said brake disc when an actuator force is applied thereto, movement in the forward direction brings the pad and brake disc into said frictional, or that movement in the reverse direction brings the brake pad and brake disc out of said frictional. Calvo Martinez, however, appears to disclose a standard caliper disk brake that one of ordinary skill in the art would understand to include a brake pad that moves into and out of engagement with the brake disk (see e.g. FIG. 1, showing caliper shaped element surrounding disk (400)).
Okada teaches brake (31) (see FIG. 3) comprising a brake pad (33) which frictionally engages a brake disc (4) when an actuator force is applied thereto (see ¶¶ 0026, 0027), movement in the forward direction brings the pad and brake disc into said frictional engagement (see ¶¶ 0025, 0078), and that movement in the reverse direction brings the brake pad and brake disc out of said frictional (see ¶¶ 0025, 0078).
It would have been obvious to combine the brake pad and corresponding functions of forward and reverse movement, to utilize a well-known construction that generates a braking force on the brake disk.
Regarding claim 14, Calvo Martinez discloses the energy absorption unit is adapted to dissipate the absorbed forces by way of friction (see ¶ 0052, rubber generates internal friction when compressed), electronic resistance or viscous dampening.
Regarding claim 15, Calvo Martinez discloses that the energy absorption unit is adapted to accumulate the absorbed forces by way of a spring member (see ¶ 0052, rubber-elastic material forms a spring), an accumulator or a battery.
Regarding claim 16, Calvo Martinez discloses that the energy absorption unit is adapted to counteract forces acting on the output shaft in the reverse direction in the predetermined operation situation such that kinetic energy of the output shaft caused by the forces acting on the output shaft in the reverse direction is transferred into kinetic energy of the energy absorption unit, heat and/or electric energy (see ¶ 0052, rubber-elastic material will generate heat when compressed).
Regarding claim 18, Calvo Martinez discloses that the brake assembly comprises a braking end position in which the brake pad and brake disc are frictionally engaged (see ¶ 0043), and a rest end position in which the brake pad and brake disc are disengaged (see ¶¶ 0044, 0047; FIG. 2), a stop element (146) is arranged so as to limit axial movement of the output shaft in the reverse direction beyond the rest position (see FIG. 2; ¶ 0047), and the energy absorption unit is arranged such that an impact of the output shaft on the stop element is prevented (see ¶ 0047).
Regarding claim 19, Calvo Martinez discloses that the energy absorption unit comprises a spring member (132) or a viscous damper associated with the stop element such that upon movement of the output shaft from the rest position in the reverse direction, an oppositely oriented spring force and/or dampening force is applied on the output shaft (see ¶ 0047).
Regarding claim 23, Calvo Martinez discloses that the actuator is a pneumatic, an electro-mechanic (see ¶ 0036) or a hydraulic actuator.
Response to Arguments
Applicant’s arguments based upon the amended subject matter, see REMARKS, filed 09/12/2025, with respect to the rejection(s) of claim(s) 13-24 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Nilsson (WO 2018/114275) and Calvo Martinez et al. (US 2020/0384972).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 PM.
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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.
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/SAN M AUNG/Examiner, Art Unit 3616
/NICHOLAS J LANE/Primary Examiner, Art Unit 3616