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 § 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 1, 2, 6-10, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Severinsson (US 2005/0247527).
Regarding claim 1, Severinsson discloses a brake apparatus (see Abstract, FIG. 6), configured to brake a rotating part (1), wherein the brake apparatus comprises: a housing (7), wherein the housing is connected to the rotating part (see ¶ 0042); a brake part (2, 3), wherein the brake part is movable to be in contact with the rotating part (see ¶ 0038); a transmission part (27), wherein the transmission part is connected to the brake part (see FIG. 6); a drive part (14) configured to drive, by using the transmission part, the brake part to move along a direction towards the rotating part for braking (see ¶ 0068), and drive, by using the transmission part, the brake part to move along a direction away from the rotating part for (see ¶ 0068); a gain mechanism (2’, 4’, 6) (see e.g. FIG. 1), wherein the gain mechanism is located between the housing and the brake part (see FIG. 6), and configured to apply an acting force to the rotating part by using the brake part (see ¶ 0038); and a compensation mechanism (11), wherein the compensation mechanism is configured to drive the gain mechanism to move along a direction the brake part (see ¶ 0050), wherein the compensation mechanism comprises a moving member (11) and a transmission member (21), the transmission member is connected to the drive part (see ¶ 0058), the moving member is connected to the gain mechanism (see FIG. 6), and the drive part is configured to drive, by using the transmission member, the moving member to move (see ¶ 0058), wherein the gain mechanism comprises a first main structure (2’) connected to the brake part (see FIGS. 1, 6), a second main structure (4’) connected to the housing (see FIGS. 1, 6), a rolling member (6) arranged between the first main structure and the second main structure (see FIGS. 1, 6), the first main structure is movable relative to the second main structure along a circumferential direction of the rotating part (see ¶ 0038), and the first main structure including a first guide surface configured to decompose an acting force between the rolling member and the first main structure (see ¶ 0038).
Regarding claim 2, Severinsson discloses that the moving member comprises a rotating member (see e.g. FIGS. 4, 6; portion of (11) connected to chain (21) forms the rotating member) and a guide member (11), the rotating member is configured to connect to the transmission member (see FIG. 6) and drive the guide member to rotate (see FIG. 6), and the guide member is configured to connect to the gain mechanism (see FIG. 6).
Regarding claim 6, Severinsson discloses that the transmission part is a cam mechanism (see FIG. 6, ¶ 0068).
Regarding claim 7, Severinsson discloses that the cam mechanism comprises a first main portion (19) and a second main portion (27), the first main portion and the second main portion are connected (see ¶ 0068; FIG. 6), and along a radial direction of the cam mechanism, a preset distance exists between a center of the first main portion and a center of the second main portion (see FIG. 6); and the cam mechanism around an axis direction of the first main portion, and the second main portion is configured to drive the brake part (see ¶ 0068).
Regarding claim 8, Severinsson wherein the second main portion (27) is in contact with the brake part (see FIG. 6).
Regarding claim 9, Severinsson discloses that a rotation axis of the cam mechanism is perpendicular to an axis direction of the rotating part (see FIG. 6).
Regarding claim 10, Severinsson discloses that the brake part comprises a first brake part (2, 3) and a second brake part (8), and the first brake part and the second brake part are located on two opposite sides of the rotating part along an axis direction of the rotating part (see FIG. 3).
Regarding claim 19, Severinsson discloses an automobile (see ¶ 0003), wherein the automobile comprises a brake apparatus (see Abstract, FIG. 6), the brake apparatus is configured to brake a rotating part (1), wherein the brake apparatus comprises: a housing (7), wherein the housing is connected to the rotating part (see ¶ 0042); a brake part (2, 3), wherein the brake part is movable to be in contact with the rotating part (see ¶ 0038); a transmission part (27), wherein the transmission part is connected to the brake part (see FIG. 6); a drive part (14) configured to drive, by using the transmission part, the brake part to move along a direction towards the rotating part for braking (see ¶ 0068), and drive, by using the transmission part, the brake part to move along a direction away from the rotating part for (see ¶ 0068); a gain mechanism (2’, 4’, 6) (see e.g. FIG. 1), wherein the gain mechanism is located between the housing and the brake part (see FIG. 6), and configured to apply an acting force to the rotating part by using the brake part (see ¶ 0038); and a compensation mechanism (11), wherein the compensation mechanism is configured to drive the gain mechanism to move along a direction the brake part (see ¶ 0050), wherein the compensation mechanism comprises a moving member (11) and a transmission member (21), the transmission member is connected to the drive part (see ¶ 0058), the moving member is connected to the gain mechanism (see FIG. 6), and the drive part is configured to drive, by using the transmission member, the moving member to move (see ¶ 0058); wherein the gain mechanism comprises a first main structure (2’) connected to the brake part (see FIGS. 1, 6), a second main structure (4’) connected to the housing (see FIGS. 1, 6), a rolling member (6) arranged between the first main structure and the second main structure (see FIGS. 1, 6), the first main structure is movable relative to the second main structure along a circumferential direction of the rotating part (see ¶ 0038), and the first main structure including a first guide surface configured to decompose an acting force between the rolling member and the first main structure (see ¶ 0038).
Regarding claim 20, Severinsson discloses that the moving member comprises a rotating member (see e.g. FIGS. 4, 6; portion of (11) connected to chain (21) forms the rotating member) and a guide member (11), the rotating member is configured to connect to the transmission member (see FIG. 6) and drive the guide member to rotate (see FIG. 6), and the guide member is configured to connect to the gain mechanism (see FIG. 6).
Claims 1, 2, 6, 7, 10, 15, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baumgartner et al. (US 2011/0100768).
Regarding claim 1, Baumgartner discloses a brake apparatus (see Abstract, FIGS. 1-6), configured to brake a rotating part (2), wherein the brake apparatus comprises: a housing (1), wherein the housing is connected to the rotating part (see ¶ 0115); a brake part (20), wherein the brake part is movable to be in contact with the rotating part (see FIG. 2); a transmission part (35, 36), wherein the transmission part is connected to the brake part (see ¶¶ 0143, 0144); a drive (23) part configured to drive, by using the transmission part, the brake part to move along a direction toward the rotating part for braking (see ¶¶ 0143, 0144), and drive, by using the transmission part, the brake part to move along a direction away from the rotating part for releasing brake (see ¶ 0179); a gain mechanism (13, 14), wherein the gain mechanism is located between the housing and the brake part (see FIG. 1), and configured to apply an acting force to the rotating part by using the brake part (see ¶ 0192); and a compensation mechanism (12, 29, 30), wherein the compensation mechanism is configured to drive the gain mechanism to move along a direction the brake part (see ¶ 0127), wherein the compensation mechanism comprises a moving member (12, 30) and a transmission member (29), the transmission member is connected to the drive part (via (28)), the moving member is connected to the gain mechanism (see FIG. 1), and the drive part is configured to drive, by using the transmission member, the moving member to move (see ¶ 0127), wherein the gain mechanism comprises a first main structure (17) connected to the brake part (18) (see FIG. 1), a second main structure (14) connected to the housing (see FIG. 1), a rolling member (16) arranged between the first main structure and the second main structure (see FIG. 1), the first main structure is movable relative to the second main structure along a circumferential direction of the rotating part (see ¶ 0143), and the first main structure including a first guide surface configured to decompose an acting force between the rolling member and the first main structure (see ¶¶ 0134, 0141).
Regarding claim 2, Baumgartner discloses that the moving member comprises a rotating member (30) and a guide member (12), the rotating member is configured to connect to the transmission member and drive the guide member to rotate (see ¶ 0137), and the guide member is configured to connect to the gain mechanism (see FIG. 1).
Regarding claim 6, Baumgartner discloses that the transmission part is a cam mechanism (see ¶¶ 0139, 0208).
Regarding claim 7, Baumgartner discloses that the cam mechanism comprises a first main portion (34) and a second main portion (35), the first main portion and the second main portion are connected (see FIG. 1), and along a radial direction of the cam mechanism, a preset distance exists between a center of the first main portion and a center of the second main portion (see FIG. 1); and the cam mechanism around an axis direction of the first main portion, and the second main portion is configured to drive the brake part (see ¶ 0144).
Regarding claim 10, Baumgartner discloses that the brake part comprises a first brake part (20) and a second brake part (see ¶ 0164, “lining on the reaction side”), and the first brake part and the second brake part are located on two opposite sides of the rotating part along an axis direction of the rotating part (see FIG. 1, ¶ 0164).
Regarding claim 15, Baumgartner discloses that the first guide surface abuts against the second main structure using the rolling member (see FIG. 1).
Regarding claim 17, Baumgartner discloses that the drive part is connected to the moving member (12, 30) by using the transmission member (29), the moving member is connected to the second main structure (see FIG. 1), and the moving member is configured to drive the second main structure to move along a direction toward the first main structure (see FIG. 1; ¶¶ 0126, 0127).
Regarding claim 19, Baumgartner discloses an automobile (see ¶ 0004), wherein the automobile comprises a brake apparatus (see Abstract, FIGS. 1-6), the brake apparatus is configured to brake a rotating part (2), wherein the brake apparatus comprises: a housing (1), wherein the housing is connected to the rotating part (see ¶ 0115); a brake part (20), wherein the brake part is movable to be in contact with the rotating part (see FIG. 2); a transmission part (35, 36), wherein the transmission part is connected to the brake part (see ¶¶ 0143, 0144); a drive (23) part configured to drive, by using the transmission part, the brake part to move along a direction toward the rotating part for braking (see ¶¶ 0143, 0144), and drive, by using the transmission part, the brake part to move along a direction away from the rotating part for releasing brake (see ¶ 0179); a gain mechanism (13, 14), wherein the gain mechanism is located between the housing and the brake part (see FIG. 1), and configured to apply an acting force to the rotating part by using the brake part (see ¶ 0192); and a compensation mechanism (12, 29, 30), wherein the compensation mechanism is configured to drive the gain mechanism to move along a direction the brake part (see ¶ 0127), wherein the compensation mechanism comprises a moving member (12, 30) and a transmission member (29), the transmission member is connected to the drive part (via (28)), the moving member is connected to the gain mechanism (see FIG. 1), and the drive part is configured to drive, by using the transmission member, the moving member to move (see ¶ 0127); wherein the gain mechanism comprises a first main structure (17) connected to the brake part (18) (see FIG. 1), a second main structure (14) connected to the housing (see FIG. 1), a rolling member (16) arranged between the first main structure and the second main structure (see FIG. 1), the first main structure is movable relative to the second main structure along a circumferential direction of the rotating part (see ¶ 0143), and the first main structure including a first guide surface configured to decompose an acting force between the rolling member and the first main structure (see ¶¶ 0134, 0141).
Regarding claim 20, Baumgartner discloses that the moving member comprises a rotating member (30) and a guide member (12), the rotating member is configured to connect to the transmission member and drive the guide member to rotate (see ¶ 0137), and the guide member is configured to connect to the gain mechanism (see FIG. 1).
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.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Severinsson (US 2005/0247527), as applied to claim 10, above, and further in view of Baumgartner et al. (US 2009/0194377) (hereinafter “Baumgartner ‘377”).
Regarding claim 13, Severinsson discloses that the housing comprises a movable portion (7), the drive part is connected to the first brake part by using the transmission part (see FIG. 6), the second brake part is connected to the movable portion (see e.g. FIG. 3), the gain mechanism is connected to the first brake part and the movable portion (see FIG. 6), and when the gain mechanism applies an acting force to the first brake part (see FIG. 6), a generated reaction force can act on the movable portion, to drive the movable portion to drive the second brake part to move a direction the rotating part (see ¶ 0042, FIG. 3).
Severinsson does not disclose a body portion, wherein the movable portion movable relative to the body portion.
Baumgartner ‘377 teaches a brake apparatus (see Abstract, FIGS. 1, 2) comprising a housing (31, 32) having a movable portion (32) and a body portion (31), wherein the movable portion is movable relative to the body portion (see ¶ 0023).
It would have been obvious to combine the body portion of Baumgartner ‘377 with the brake of Severinsson to provide the well-known support structure for attaching a sliding caliper brake to a vehicle.
Regarding claim 14, Baumgartner ‘377 teaches that the housing further comprises a guide portion (see ¶ 0023; FIG. 2), the movable portion is connected to the body portion by using the guide portion (see ¶ 0023; FIG. 2), and the movable portion relative to the body portion along the guide portion (see ¶ 0023; FIG. 2).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Baumgartner et al. (US 2011/0100768) in view of Severinsson (US 2005/0247527).
Regarding claim 16, Baumgartner discloses that the first guide surface comprises a ramp (see ¶ 0141).
Baumgartner, however, does not disclose that the first guide surface comprises a first guide section and a second guide section that intersect at a preset angle, such that, along a direction toward a point where the first guide section and the second guide section meet, the first guide section is gradually farther away from the rolling member.
Severinsson teaches a brake apparatus (see Abstract, FIG. 1) comprising a first guide surface having a first guide section (2’) (see FIG. 1) and a second guide section (2’) (see FIG. 1) that intersect at a preset angle (see FIG. 1), such that, along a direction toward a point where the first guide section and the second guide section meet, the first guide section is gradually farther away from the rolling member (see FIG. 1).
It would have been obvious to configure the ramp surface (17) of Baumgartner (see Baumgartner, ¶ 0141) to have the first guide section and the second guide section of Severinsson to provide a force-increasing mechanism in both a forward and reverse direction of the rotor disk.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Severinsson (US 2005/0247527), as applied to claim 1, above, and further in view of Tajima et al. (US 2014/000992).
Regarding claim 18, Severinsson does not disclose that the brake apparatus further comprises a parking mechanism, the parking mechanism is connected to the drive part, and the parking mechanism is configured to restrict the drive part from driving the brake part to move.
Tajima teaches a brake apparatus (see Abstract, FIGS. 1-14) comprising a parking mechanism (5), the parking mechanism is connected to a drive part (4), and the parking mechanism is configured to restrict the drive part from driving the brake part to move (see ¶ 0066).
It would have been obvious to combine the parking mechanism of Tajima with the device of Severinsson to provide a parking brake functionality without the need to continue to supply power to the drive part (see e.g. Tajima, ¶ 0017).
Response to Arguments
Applicant's arguments filed 16-Oct-2025 have been fully considered but they are not persuasive.
Regarding the rejection of independent claim 1 under 35 U.S.C. 102 as being anticipated by Severinsson (US 2005/0247527), Applicant argues that “Severinsson does not disclose the claimed gain mechanism” (see Amendment, page 9) and that “Severinsson does not disclose a first main structure is movable circumferentially relative to a second main structure” (see Amendment, page 9).
Severinsson, however, explicitly discloses:
For brake application, a control force which is substantially transverse to the brake disc 1 (or in other words substantially axial) is applied on the ramp plate 2, in the shown case over the connecting means 5 as indicated by its upper arrow, until contact between the brake pad 3 and the disc 1 is established. By means of the friction force, the ramp plate 2 is transferred to the left in the drawing, so that the roller 6 rolls up the relevant ramps 2' and 4' and an application force is accomplished without applying any external brake force besides the control force. In other words the brake has a self-servo effect.
(see ¶ 0038) (emphasis added). As such, Severinsson explicitly discloses that the first main structure (2) is moved circumferentially relative to the second structure (4).
Regarding the rejection of independent claim 1 under 35 U.S.C. 102 as being anticipated by Baumgartner (US 2011/0100768), Applicant argues that “Baumgartner ‘768 also does not disclose any circumferential relative movement of the first and second main structures of a gain mechanism” (see Amendment, page 10), and that “the rolling elements serve merely as bearing supports that allow incidental tangential sliding of a pressure plate” (see Amendment, page 10).
Baumgartner, however, explicitly states that “[t]he brake is activated after an application process of the brake lining 20 against the brake disc by displacing the pressure plate together with the brake lining 20 parallel to the frictional surface of the brake disc in the direction of rotation or the circumferential direction thereof” (see ¶ 0143) (emphasis added). Furthermore, the ramps are not merely bearing supports. Rather, Baumgartner discloses that “the recesses 14 in the manner of ramp contours on which the rolling elements 16 run, the rolling elements 16 transmitting the brake application force generated by the brake to the brake lining unit or to the pressure plate which rests on the brake lining” (see ¶ 0140). As such, Baumgartner discloses that the self-energization effect is achieved by the balls running in the ramps (see e.g. ¶¶ 0015, 0140).
Conclusion
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 NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 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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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
October 28, 2025
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