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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicants’ submission filed on 06/03/2026 has been entered.
Response to Amendment
The amendment filed 06/03/2026 has been entered. Claims 13, 23 have been amended and claims 1-12 and 20 have been previously cancelled. Therefore, Claims 13-19 and 21-25 are now pending in the application.
Claim Rejections - 35 USC § 112
Claims 1-19 and 21-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding independent claims 13 and 23, the phrase “fork-like or lever-like” is indefinite because it is unclear what type of “fork” or “lever”. There are variety of design of fork and lever.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13-16, 18-19, 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Usui; Takuya (US - 2010/0101900 A1) and further in view of Narula et al. (US - 2015/0047929 A1).
As per claim 13, Usui discloses Electric Brake comprising: a brake actuator (60, Fig: 1-14) having a power transmission for transmitting an actuating force to a brake pad (The caliper 4 is also provided with an actuator 60 adapted to switch an operation of the parking brake mechanism 25 between a locking action and an unlocking action by selectively supplying currents of different polarities to the parking brake mechanism 25 for a short period of time, 0043], Fig: 1), said power transmission including a rotatable shaft (44, Fig: 1);
a coupler (50, [0047], Fig: 1-4) with a locking element (54, Fig; 1-4), wherein the coupler is controllable so that the locking element is engaged with the rotatable shaft and blocks rotation of the rotatable shaft or so that the locking element is disengaged from the rotatable shaft so that the rotatable shaft is rotatable (pawl 54 can either lock or release the rotor, [0066], [0070], Fig: 1-4), wherein
the brake actuator (60) comprises an interface (64, Fig: 1-4) configured to be connected to the locking element (54) and to engage or disengage the locking element from the rotatable shaft (44, Operation for Applying the Normal Brake, Operation for Releasing the Normal Brake, Operation for Releasing the Parking Brake, and Operation for Manually Releasing the Parking Brake, [0051] - [0075], Fig: 1-4),.
Usui discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the locking element has a disc-shape with one or more grooves or openings permitting a physical engagement of a fork-like or lever-like interface component to axially shift the locking element.
Narula discloses Bake System And Method Of Adjusting A Brake comprising:
wherein the locking element has a disc-shape with one or more grooves or openings permitting physical engagement of a fork-like or lever-like interface component to axially shift the locking element (Operating lever 30 is attached to the actuating shaft 26. An actuator 32 is mounted on the caliper 14, and includes an actuator rod 34, which engages an end 30A of the actuating lever 30, [0078] and [0080], Fig: 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Electric Brake of the Usui to make the locking element has a disc-shape with one or more grooves or openings permitting engagement of an interface component to axially shift the locking element as taught by Narula in order to provide a brake system including a mechanically operated brake including friction material, a rotor, an adjuster for adjusting a running clearance between the friction material and the rotor, a sensor system for determining a state of wear of a brake component, the sensor system being operable to selectively operate the adjuster to adjust the running clearance of the brake towards a desired running clearance based on the state of wear of the brake component, [0049].
As per claim 14, Usui discloses wherein
the interface comprises an interface component (pushing tool 122, 122B, and 122B1, Fig: 1-13) that is configured to be pulled or pushed to disengage the locking element from the rotatable shaft (Operation for Manually Releasing the Parking Brake, [0071] - [0074], Fig: 1-13).
As per claim 15, Usui discloses wherein the interface comprises a sealed connection through which the interface component is accessible (watertight bolt 121, [0072], [0074], Fig: 1-10).
As per claim 16, Usui discloses wherein the rotatable shaft comprises a rotating member in the form of a disk (237, 239, [0107] - [0108], Fig: 15).
As per claim 18, Usui discloses a first receptacle into which a tool element is insertable so that the tool member engages the rotatable shaft and transmits a rotation on the rotatable shaft (bolt hole 120, The tool 122 is inserted through the bolt hole 120 until the tool forward end portion 124 abuts against the lower surface 66a of the pin 68, [0072], Fig: 2-7).
As per claim 19, Narula further discloses wherein the locking element is arranged on the coupler so that the locking element is movable so that one side of the locking element is engageable with one side of the rotating member to block rotation of the rotating member and is disengagable from said one side of the rotating member to allow rotation of the rotating member ([0078] and [0080], Fig: 1).
As per claim 21, Usui discloses wherein the power transmission is electrically driven and causes a rotational movement of the rotatable shaft (motor 21 and 211, Fig: 1, 15).
As per claim 22, Usui discloses wherein the coupler is arranged in an electromagnetic parking brake locking mechanism for locking the brake actuator (permanent magnet 66, coil 7, Fig: 2).
As per claim 23, Usui discloses Electric Brake comprising: using an interface (64, Fig: 1-2) of a brake actuator (60, Fig: 1-2) to insert an interface component (pushing tool 122, 122B, 122B1, Fig: 1-13) into a locking element of the brake actuator, the locking element locking movement of the brake actuator (Operation for Manually Releasing the Parking Brake, [0071] - [0074], Fig: 1-13)
disengaging, by way of the interface component, the locking element from a rotatable shaft of the brake actuator (Operation for Applying the Normal Brake, Operation for releasing the Normal Brake, Operation for Releasing the Parking Brake and Operation for Manually Releasing the Parking Brake, [0051] - [0075], Fig: 4); and
moving a tool element to transmit power to the rotatable shaft to release the brake, (Operation for Applying the Normal Brake, Operation for releasing the Normal Brake, Operation for Releasing the Parking Brake and Operation for Manually Releasing the Parking Brake, [0051] - [0075], Fig: 1-4).
Usui discloses all the structural elements of the claimed invention but fails to explicitly disclose brake actuator having a disc-shape with one or more grooves or openings permitting a physical engagement of a fork-like or lever-like interface engagement of the interface component to axially shift the locking element.
Narula discloses Bake System And Method Of Adjusting A Brake comprising:
wherein the locking element has a disc-shape with one or more grooves or openings permitting physical engagement of a fork-like or lever-like interface component to axially shift the locking element (Operating lever 30 is attached to the actuating shaft 26. An actuator 32 is mounted on the caliper 14, and includes an actuator rod 34, which engages an end 30A of the actuating lever 30, [0078] and [0080], Fig: 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Electric Brake of the Usui to make the locking element has a disc-shape with one or more grooves or openings permitting engagement of an interface component to axially shift the locking element as taught by Narula in order to provide a brake system including a mechanically operated brake including friction material, a rotor, an adjuster for adjusting a running clearance between the friction material and the rotor, a sensor system for determining a state of wear of a brake component, the sensor system being operable to selectively operate the adjuster to adjust the running clearance of the brake towards a desired running clearance based on the state of wear of the brake component, [0049].
As per claim 24, Usui discloses turning the tool element (pushing tool 122, 122B, 122B1, Fig: 1-13} to release torque applied by the rotatable shaft to the locking element in the state of the locked brake before disengaging the locking element from the rotatable shaft (bolt 151is rotated, [0091] - [0095], Fig: 11-13).
As per claim 25, Narula further discloses wherein the brake actuator is configured such that residual torque applied by the rotatable shaft to the locking element is releasable prior to disengagement of the locking element, and wherein the interface and the tool element cooperate to release the torque on the locking element before the locking element is axially shifted ([0078] and [0080], Fig: 1).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Usui; Takuya (US - 2010/0101900 A1) as modified by Narula et al. (US - 2015/0047929 A1) as applied to claims 13 and 16 above, and further in view of Fuderer Erich (EP - 1386812 A1, from IDS, Examiner disclosed English machined translation in previous office action).
As per claim 17, Usui as modified by Narula discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the coupler comprises a spring for moving the locking element to a position in which the locking element engages one side of the rotating member.
Fuderer discloses Spring Brake Cylinder For Vehicle Brake comprising:
the coupler comprises a spring (27, Fig: 1, 4-5) for moving the locking element to a position in which the locking element engages one side of the rotating member, ([0030] - [0032], Fig: 1, 4-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Electric Brake of the Usui as modified by Narula as taught by make the coupler comprises a spring for moving the locking element to a position in which the locking element engages one side of the rotating member as taught by Fuderer in order to provide simple means a hose brake and resulting rapid pressure drop reliable recorded and avoids a collapse of spring brake.
Response to Arguments
Applicant’s arguments, see REMARK, filed 06/03/2026, with respect to the rejection(s) of claim(s) 13-19 and 21-25 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 ground(s) of rejection is made in view of Usui; Takuya (US - 2010/0101900 A1) and further in view of Narula et al. (US - 2015/0047929 A1) [claims 13-16, 18-19, 21-25] and Fuderer Erich (EP - 1386812 A1)[Claim 17].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
