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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 8-13, and 16-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The originally filed specification fails to disclose or provide explicit support (including the figures) for a plunger piston that caps an end of a threaded shaft. The figures merely show a block diagram of the embodiment, without any visuals of a threaded bore within the plunger piston. It is noted that various cited prior art references show a plunger piston that caps a threaded shaft, as well as a threaded bore that extends entirely through the plunger piston. The claims will be addressed as presented.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-3, 5, 10-13, 17, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0142288 A1 to Sato in view of US 2019/0375283 A1 to Matt.
Re-claim 1, Sato teaches a brake system for a motor vehicle, comprising:
a braking assembly (as shown in figure 2);
a drive mechanism (gears and spindle) is operatively connected to the braking assembly;
an electric motor assembly 14 is operatively connected to the drive mechanism,
the drive mechanism is driven by the electric motor assembly to selectively enable the braking assembly to generate a braking force (see at least paragraph 16), a rotatable shaft of the motor vehicle (such as a drive axle) is stopped to rotate (such as attached to rotor 59), while the motor vehicle is in motion,
the electric motor assembly comprises an electric motor 14 and a speed reducer (reduction gears 44/46) is connected to an output shaft of the electric motor, the speed reducer is connected to the drive mechanism,
the drive mechanism comprises a cylinder body 30 and a piston assembly 36 is installed in the cylinder body, the piston assembly 36 is axially movable in the cylinder body and includes a first part (such as the distal forward part, as is consistent with the instant invention) that contacts a brake friction plate (as part of brake pad 58) and a second part (see figure below) opposite to the first part, the speed reducer is operatively connected to the second part (via nut 34, a portion of the nut contacts a rear portion of the second part, see figure 2, as is consistent with the instant invention),
a fluid space (defined in 30) is formed between the second part of the piston assembly and an inner wall (see figure 2) of the cylinder body to receive brake fluid (see at least paragraph 20), the brake system further comprises:
a hydraulic brake assembly (generally a master cylinder and valve assembly), the hydraulic brake assembly is generally located outside the wheel rim of the vehicle wheel of the motor vehicle and inside the frame body (i.e. engine compartment) of the motor vehicle (a master cylinder is commonly attached to an engine wall within the engine compartment, which is outside the wheel rim of the wheel and inside the frame body), the hydraulic brake assembly is in communication with the fluid space in such a way that the brake fluid is selectively supplied into the fluid space, the hydraulic brake assembly is configured to, independently of the electric motor assembly, drive the drive mechanism (see at least paragraphs 20 and 25) and thereby enable the brake friction plate to contact the brake disc to generate the friction braking force (as is known in the art), by which the rotatable shaft of the motor vehicle is stopped to rotate while the vehicle is in motion (as due to interaction between the brake pad 58 and rotor 59),
the second part of the piston assembly is formed with a cylinder-shaped inner wall in which a plunger piston 34 is axially slidably (see paragraph 23) received in such a way that sliding of the piston assembly in the cylinder body is independent of and unconstrained by the plunger piston unless the plunger piston contacts an abutting feature (figure below) disposed within the cylinder-shaped inner wall at the first part of the piston assembly such that the abutting feature protrudes from the first part of the piston assembly in a sliding direction of the piston assembly, the plunger piston 34 is disposed entirely about and caps an end of a threaded shaft 32 that terminates within the plunger piston, the threaded shaft serves to translate the plunger piston 34 (rotation of the shaft will translate the plunger piston into contact with the abutting feature).
However, Sato is silent regarding the location of the brake system and as such fail to teach the braking assembly, the drive mechanism and the electric motor assembly located outside a wheel rim of a vehicle wheel of the motor vehicle and inside a frame body of the motor vehicle.
Matt teaches a brake assembly 23 having a drive mechanism and electric motor (as powered by element 28) located outside a wheel rim of a vehicle and inside a frame body of the vehicle, see figure 4. This is viewed as merely selecting a location for the brake assembly, which does not affect the brake performance or function. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the brake system including the braking assembly, drive mechanism and electric motor of Sato at a location outside a wheel rim and inside a frame body of the vehicle as suggested and taught by Matt, thus isolating the brake assembly from the wheel rim and reducing its exposure to the elements and as a matter of choice.
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Re-claim 2, the braking assembly includes a brake disc 59 installed to the rotatable shaft (wheel axle) and the brake friction plate 58 is installed in a non-rotatable manner relative to the rotatable shaft.
Re-claim 3, the drive mechanism acts on the brake friction plate, such as moving the plate 58 into engagement with the brake disc 59.
Re-claim 5, the drive mechanism is driven by the electric motor assembly such that a friction braking force for stopping the rotation of the rotatable shaft is generated by the brake friction plate. Engagement between the plate 58 and disc 59 stops rotation of the shaft, or axle, as is known in the art.
Re-claim 10, the plunger piston 34 comprises a central threaded hole 50 in threaded engagement with a threaded shaft 48 (see paragraph 23) rotatably installed through the cylinder body, and an end of the threaded shaft 32 located outside the cylinder body is connected to the speed reducer in such a way that the threaded shaft is driven by the speed reducer to rotate (see paragraph 22).
Re-claim 11, the abutting feature is driven by the plunger piston 34 such that the piston assembly 36 is axially moved in the cylinder body.
Re-claim 12, the rotatable shaft is a driven shaft rotating with the vehicle wheel. A wheel axle connected to the brake disc 59 is generally driven, as common in the art.
Re-claim 13, each vehicle wheel of the motor vehicle is equipped with the brake system (as is common); or alternatively only forward vehicle wheels or rear vehicle wheels of the motor vehicle are equipped with the brake system.
Re-claim 17, Sato teaches a motor vehicle comprising:
a braking assembly (see figure 2);
a drive mechanism (gears and spindle) is operatively connected to the braking assembly;
an electric motor assembly 14 is operatively connected to the drive mechanism,
the drive mechanism is driven by the electric motor assembly to selectively enable the braking assembly to generate a braking force (see at least paragraph 16), a rotatable shaft of the motor vehicle (such as a drive axle) is stopped to rotate (such as attached to rotor 59), while the motor vehicle is in motion,
the electric motor assembly comprises an electric motor 14 and a speed reducer (reduction gears 44/46) is connected to an output shaft of the electric motor, the speed reducer is connected to the drive mechanism,
the drive mechanism comprises a cylinder body 30 and a piston assembly 36 is installed in the cylinder body, the piston assembly 36 is axially movable in the cylinder body and includes a first part (such as the distal forward part, as is consistent with the instant invention) that contacts a brake friction plate (as part of brake pad 58) and a second part (see annotated figure above) opposite to the first part, the speed reducer is operatively connected to the second part (via nut 34, a portion of the nut contacts a rear portion of the second part, see figure 2, as is consistent with the instant invention),
a fluid space (defined in 30) is formed between the second part of the piston assembly and an inner wall (see figure above) of the cylinder body to receive brake fluid (see at least paragraph 20), the brake system further comprises:
a hydraulic brake assembly (generally a master cylinder and valve assembly), the hydraulic brake assembly is generally located outside the wheel rim of the vehicle wheel of the motor vehicle and inside the frame body (i.e. engine compartment) of the motor vehicle (a master cylinder is commonly attached to an engine wall within the engine compartment, which is outside the wheel rim of the wheel and inside the frame body), the hydraulic brake assembly is in communication with the fluid space in such a way that the brake fluid is selectively supplied into the fluid space, the hydraulic brake assembly is configured to, independently of the electric motor assembly, drive the drive mechanism (see at least paragraphs 20 and 25) and thereby enable the brake friction plate to contact the brake disc to generate the friction braking force (as is known in the art), by which the rotatable shaft of the motor vehicle is stopped to rotate while the vehicle is in motion (as due to interaction between the brake pad 58 and rotor 59),
the second part of the piston assembly is formed with a cylinder-shaped inner wall in which a plunger piston 34 is axially slidably (see paragraph 23) received in such a way that sliding of the piston assembly in the cylinder body is independent of and unconstrained by the plunger piston unless the plunger piston contacts an abutting feature (see figure above) disposed within the cylinder-shaped inner wall at the first part of the piston assembly such that the abutting feature protrudes from the first part of the piston assembly in a sliding direction of the piston assembly, the plunger piston 34 is disposed entirely about and caps an end of a threaded shaft 32 that terminates within the plunger piston, the threaded shaft serves to translate the plunger piston 34 (rotation of the shaft will translate the plunger piston into contact with the abutting feature).
However, Sato is silent regarding the location of the brake system and as such fail to teach the braking assembly, the drive mechanism and the electric motor assembly located outside a wheel rim of a vehicle wheel of the motor vehicle and inside a frame body of the motor vehicle.
Matt teaches a brake assembly 23 having a drive mechanism and electric motor (as powered by element 28) located outside a wheel rim of a vehicle and inside a frame body of the vehicle, see figure 4. This is viewed as merely selecting a location for the brake assembly, which does not affect the brake performance or function. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the brake system including the braking assembly, drive mechanism and electric motor of Sato at a location outside a wheel rim and inside a frame body of the vehicle as suggested and taught by Matt, thus isolating the brake assembly from the wheel rim and reducing its exposure to the elements and as a matter of choice.
Re-claim 18, Sato teaches a method for operating a motor vehicle in motion, the method includes a brake system (i.e. caliper), a rotatable shaft (i.e. wheel axle) connected to a wheel, the method comprising:
activating the brake system (such as using a parking brake lever or pedal, as is common in the art), the brake system comprising: a braking assembly; a drive mechanism (such as caliper and at least elements shown in figure 2) is operatively connected to the braking assembly; an electric motor assembly is operatively connected to the drive mechanism,
the drive mechanism is be driven by the electric motor assembly to selectively enable the braking assembly to generate a braking force,
a rotatable shaft of the motor vehicle is stopped to rotate (such as a wheel axle as connected to a brake rotor 59), while the motor vehicle is in motion, the electric motor assembly comprises an electric motor 14 and a speed reducer (see gears 44/46) is connected to an output shaft of the electric motor, the speed reducer is connected to the drive mechanism,
the drive mechanism comprises a cylinder body 30 and a piston assembly 36 installed in the cylinder body, the piston assembly is axially movable in the cylinder body and includes a first part (such as the distal forward part, as is consistent with the instant invention) that contacts a brake friction plate (as part of brake pad 58) and a second part opposite to the first part, the speed reducer is operatively connected to the second part,
a fluid space is formed between the second part of the piston assembly and an inner wall of the cylinder body to receive brake fluid, the brake system further comprises:
a hydraulic brake assembly (generally a master cylinder and valve assembly), the hydraulic brake assembly is generally located outside the wheel rim of the vehicle wheel of the motor vehicle and inside the frame body (i.e. engine compartment) of the motor vehicle (a master cylinder is commonly attached to an engine wall within the engine compartment, which is outside the wheel rim of the wheel and inside the frame body), the hydraulic brake assembly is in communication with the fluid space in such a way that the brake fluid is selectively supplied into the fluid space, the hydraulic brake assembly is configured to, independently of the electric motor assembly, drive the drive mechanism (i.e. piston) and thereby enable the brake friction plate to contact the brake disc to generate the friction braking force (as is known in the art), by which the rotatable shaft of the motor vehicle is stopped to rotate while the vehicle is in motion (as due to interaction between the brake pad 58 and rotor 59),
the second part of the piston assembly 36 is formed with a cylinder-shaped inner wall in which a plunger piston 34 is axially slidably received in such a way that sliding of the piston assembly in the cylinder body is independent of and unconstrained by the plunger piston unless the plunger piston contacts an abutting feature (see paragraph 25) is disposed within the cylinder-shaped inner wall at the first part of the piston assembly such that the abutting feature protrudes from the first part of the piston assembly in a sliding direction of the piston assembly, the plunger piston 34 is disposed entirely about and caps an end of a threaded shaft 32 that terminates within the plunger piston 34 and serves to translate the plunger piston.
However, Sato fail to teach the braking assembly, the drive mechanism and the electric motor assembly located outside a wheel rim of a vehicle wheel of the motor vehicle and inside a frame body of the motor vehicle, or the presence of a brake pedal.
Matt teaches a brake assembly 23 having a drive mechanism and electric motor (as powered by element 28) located outside a wheel rim of a vehicle and inside a frame body of the vehicle, see figure 4. This is viewed as merely selecting a location for the brake assembly, which does not affect the brake performance or operations. Matt further teaches a brake pedal used by the operator for actuating the brake system (see paragraph 46). As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the brake assembly Sato at a location outside a wheel rim and inside a frame body of the vehicle as suggested and taught by Matt, thus isolating the brake assembly from the wheel rim and reducing its exposure to the elements, as well has provide a brake pedal assembly for actuation, as this is a common method used in the industry for actuating a brake system.
Re-claim 20, Matt further teaches the motor vehicle is an electric vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the brake assembly of Sato on an electric vehicle as taught by Matt, as this would have provided an electric vehicle with a brake assembly having both electric operation and hydraulic operation as a failsafe.
Claim(s) 8, 9, 16, 19 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato in view of Matt as applied to claims 1, 5, 17 and 18 above, and further in view of US 6,267,454 to Takahashi.
Re-claims 8 and 16, Platzer et al. fail to specifically teach a brake pedal connected to the electric motor assembly and operatively connected to a master cylinder of the hydraulic brake assembly. Even though this setup is common in the art.
Takahashi teaches an electromechanical brake assembly having a secondary hydraulic brake assembly. The hydraulic brake assembly is connected to a master cylinder operated by a brake pedal. It would have been obvious to one of ordinary skill in the art to have provided the brake assembly of Sato with a brake pedal and master cylinder as taught by Takahashi, as this provides the vehicle operator with a means of actuating the hydraulic brake assembly in lieu of the electromechanical brake assembly.
Re-claims 9 and 23, Takahashi further teaches a normally open solenoid valve 7/8 provided in a hydraulic circuit that connects the hydraulic brake assembly with the fluid space, the normally open solenoid valve is configured to have an OFF mode (i.e. supplied with current, as is consistent with the instant invention, see paragraph 40 lines 9-16), in which the hydraulic circuit is disabled when the electric motor assembly functions normally, and an ON mode, in which the hydraulic circuit is enabled (i.e. not supplied with current) only when the electric motor assembly functions abnormally. Takahashi teaches the solenoid valves provide a flow path when the electromechanical brake system is inoperative or malfunctioning, see column 7 lines 15-22, thus providing an fail safe brake actuation. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention when having modified the brake system of Sato to have provided the secondary fail-safe hydraulic brake actuating assembly with the normally-opened solenoid valve activated when the electric motor assembly is inoperative as taught by Takahashi, thus having a fail-safe means by which one could actuate the brake system.
Re-claim 19, Takahashi further teaches a brake system having an electric motor assembly, and when the electric motor assembly functions abnormally, the braking assembly of the brake system driven by pressing a brake pedal to actuate a hydraulic brake assembly of the brake system to generate the braking force to stop the rotatable shaft from rotating, see column 7 lines 15-22. This provides a fail-safe operation for the brake assembly, thus improving the overall safe operation of the vehicle. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the brake assembly of Sato with a secondary fail-safe hydraulic system as taught by Takahashi, thus providing means of stopping the vehicle during electric brake motor failure.
Re-claims 21 and 22, Takahashi further teaches a brake pedal 1 connected to an electric motor assembly 64 and operatively connected to a brake master cylinder 3 of a hydraulic brake assembly, a normally open solenoid valve 7/8 is provided in a hydraulic circuit that connects the hydraulic brake assembly with a fluid space, the normally open solenoid valve (interpreted as in the open condition when no power is applied, see spring element, this is the accepted interpretation in the art) is configured to have an OFF mode (i.e. closed) in which the hydraulic circuit is disabled when the electric motor assembly functions normally and an ON mode in which the hydraulic circuit is enabled and operates a brake pedal sensation simulator when the electric motor assembly functions abnormally. This provides a fail-safe operation for the brake assembly, thus improving the overall safe operation of the vehicle. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the brake assembly of Sato with a secondary fail-safe hydraulic system as taught by Takahashi, thus providing means of stopping the vehicle during electric brake motor failure.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5, 8-13, and 16-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Noh and Shiraki each teach a plunger piston disposed entirely about and caps an end of a threaded shaft.
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 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
March 27, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616
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