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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/20/2026 has been entered.
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.
Claims 13-20 and 22-26 are rejected under 35 U.S.C. 102a1 as being anticipated by Olschewski et al. (US-6837342).
Regarding claim 13, Olschewski et al. discloses fixed-caliper brake, comprising: a brake caliper (fig 8, 100); a brake disk (not pictured in fig 8 but shown at 2 in figures 1-7); a first brake piston device (104/110 and in a separate interpretation, fig 9 and including 102) which is arranged on or in the brake caliper and is configured to transmit a first pressure force to an associated first side surface of the brake disk (fig 8); a second brake piston device (110, left side of fig 8) which is arranged on or in the brake caliper and is configured to transmit a second pressure force to an associated second side surface of the brake disk opposite the first side surface (fig 8 and col. 4, lines 50-62); and an electromechanical actuator (fig 8, 101, including integrated elements inside thereof) which is arranged on or in the brake caliper (fig 8) and is configured, when actuated, to exert, both on the first brake piston device and on the second brake piston device, a respective force which is further transmitted by the respective brake piston device, at least proportionally, as a respective first or second pressure force to the respectively associated side surface of the brake disk (fig 8 and col. 4, lines 50-62); wherein the electromechanical actuator (101) and the second brake piston device (110) are hydraulically coupled to each other (fig 8, at least through 105/106/107/108/109) in order to bring about the exertion of force from the electromechanical actuator to the second brake piston device (fig 8 and col. 4, lines 50-62), and the exertion of force on the first brake piston device (104/110) takes place directly by the electromechanical actuator itself (fig 8 at least wherein 103 acts directly on 104 and in the separate interpretation, fig 9 wherein 112/113 act directly on 102).
Regarding claim 14, Olschewski et al. discloses wherein the electromechanical actuator (101) is arranged relative to the brake disk on the same side of the fixed-caliper brake (100) as the first brake piston device (104/110) (fig 8).
Regarding claim 15, Olschewski et al. discloses wherein a hydraulic channel (108/109) running at least in sections inside the brake caliper is provided for the hydraulic coupling of the electromechanical actuator (101) to the second brake piston device (fig 8).
Regarding claim 16, Olschewski et al. discloses wherein the first brake piston device (104/110) is also hydraulically coupled (at least at 105/106) to the electromechanical actuator (101) for bringing about the exertion of force from the electromechanical actuator to the first brake piston device (fig 8).
Regarding claim 17, Olschewski et al. discloses wherein the electromechanical actuator and the two brake piston devices (104/110 and 110 left side) are hydraulically coupled to a common hydraulic channel (107/108/109) in order to bring about the exertion of force from the electromechanical actuator on the brake piston devices (fig 8 and col. 4, lines 50-62).
Regarding claim 18, Olschewski et al. discloses wherein the first brake piston device (104/110) is coupled in terms of force mechanically or electromechanically (102/103) to the electromechanical actuator (fig 8), in order to bring about the exertion of force from the electromechanical actuator on the first brake piston device, in such a manner that, during said exertion of force, at the same time the exertion of force from the electromechanical actuator on the second brake piston device is brought about via the hydraulic coupling thereof to the electromechanical actuator(fig 8 and col. 4, lines 50-62).
Regarding claim 19, Olschewski et al. discloses wherein the electromechanical actuator (101) is configured to generate force by way of a spindle drive or a piezo element (fig 8, 102/103).
Regarding claim 20, Olschewski et al. discloses wherein the first brake piston device (104/110) has two pistons which are hydraulically coupled to each other in terms of force by way of a fluid located between them (fig 8, 104/105/106/107/108).
Regarding claim 22, Olschewski et al. discloses wherein: the two pistons (104/110) are connected in series (fig 8); an intermediate space (at least 105/106/107/108/109) between the two pistons defines a fluid chamber (105/106), which is hydraulically coupled to the second brake piston device (fig 8), inside the first brake piston device for the fluid; and a first of the two pistons is coupled in terms of force to the electromechanical actuator (101) in such a manner that, when the electromechanical actuator is actuated, the fluid located in the fluid chamber is pressurized via this first piston (104), the pressurization firstly bringing about the first pressure force on the brake disk via the second of the pistons (110/111) and secondly bringing about the second pressure force on the brake disk via the hydraulically coupled second brake piston device (fig 8, 110/111) (fig 8 and col. 4, lines 50-62).
Regarding claim 23, Olschewski et al. discloses wherein the electromechanical actuator is connected to an electric line which serves both for energy supply of the electromechanical actuator and activation thereof (at least col. 2, lines 10-12).
Regarding claim 24, Olschewski et al. discloses a vehicle comprising a fixed caliper brake (fig 8, at least 100).
Regarding claim 25, Olschewski et al. discloses wherein the first brake piston device is coupled in terms of force mechanically or electromechanically to the actuator in order to bring about exertion of force from the actuator on the first brake piston device (fig 8), in such a manner that, during the exertion of force, at the same time the exertion of force from the actuator on the second brake piston device is brought about via the hydraulic coupling (at least via 109) thereof to the actuator (fig 8 and col. 4, lines 50-62).
Regarding claim 26, Olschewski et al. discloses wherein the first piston device (fig 9, 102) is disposed inside of a separate and hollow piston (104). In the separate interpretation, the nut (102) has been interpreted as part of the first piston device since it is integrated into 104 (fig 9).
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: As to claim 21, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein: the first brake piston device has a telescopic brake piston which has a hollow piston which is arranged movably relative to the brake disk and has an internal piston arranged therein so as to be movable relative to the hollow piston; the interior of the hollow piston together with a head surface of the internal piston defines a fluid chamber, which is hydraulically coupled to the second brake piston device, inside the hollow piston; and the telescopic brake piston is coupled in terms of force to the electromechanical actuator in such a manner that, when the electromechanical actuator is actuated, a fluid located in the fluid chamber is pressurized via the internal piston, the pressurization firstly bringing about the first pressure force on the brake disk via the hollow piston and secondly bringing about the second pressure force on the brake disk via the hydraulically coupled second brake piston device.
Response to Arguments
Applicant's arguments filed 3/20/2026 have been fully considered but they are not persuasive. Regarding claims 13, Applicant has argued that the prior art of record (Olschewski et al.) lacks wherein the exertion of force on the first brake piston device takes place directly by the electromechanical actuator itself, Examiner respectfully disagrees. As set forth above and under two separate interpretations of Olschewski et al. wherein elements 110/104 and elements 110/104/102 have been interpreted as the first piston device. It has been interpreted that elements 110/104 are acted upon at 104 directly by screw mechanism 103 which is part of the actuator 101. In the separate interpretation, wherein elements 110/104/102 have been interpreted as the first piston device, fig 9 shows wherein 112/113 act directly on 102. It is noted that Examiner’s interpretation of the limitation “first piston device” (110/104 and/or 110/104/102) is similar to Applicant’s in a sense that the first piston device is not necessarily required to be a singular piston or singular structural element. Applicant’s first piston device includes a telescopic brake piston which has a hollow piston arranged movably relative to the brake disk and an internal piston arranged therein so as to be movable relative to the hollow piston defining a fluid chamber. Therefore, it has been maintained that the actuator exerts a force directly on a first piston device. With regards to claim 13, it appears that the arguments are more specific than the limitation set by the claim.
Applicant’s arguments, see p.11-13, filed 3/20/2026, with respect to the 102 rejection under Demorais have been fully considered and are persuasive.
Conclusion
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/JAMES K HSIAO/Examiner, Art Unit 3616
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