DETAILED ACTION
This is a first Non-Final Office Action on the merits in response to the application filed 10/26/22. The request for foreign priority to a corresponding DE application filed 10/29/21 has been received and is proper. Claims 1-18 are currently pending yet all are rejected as detailed below. 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.
Müller
Claim(s) 1-2 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Müller (DE 10 2018 120 764) (cited by Applicant). Müller is directed to a brake piston. See Abstract.
Claim 1: Müller discloses a brake piston [Figs. 1, 5] for a disc brake of a vehicle, with a first tubular piston body portion (2) and a second tubular piston body portion (3) arranged radially inside the first piston body portion, wherein both portions extend along a piston longitudinal axis, wherein the first piston body portion and the second piston body portion are connected together at a first axial end (11, 12) of the brake piston via an annular end wall (11, 18, 31; OR 5, 23, 30), so that an annular cavity (14) is formed between the first piston body portion and the second piston body portion, wherein at a second axial end of the brake piston, the second piston body portion is closed by a floor (22) so that the second piston body portion forms a receptacle, and the first piston body portion has a radially inwardly directed floor region [see Fig. 5 (axial end of 2 surrounding 22)], and wherein the end wall is axially stepped towards an outside and has a radial outer portion and a radial inner portion [see Figs. 1, 5 (portions of 18 outside 31 and at 31, respectively; OR 5 and 23, respectively)] which each have an end face pointing axially away from the brake piston [see Figs. 1, 5 (top faces of 18 and 31; OR top face of 5 and 30)], wherein the end face of the radial inner portion is axially offset relative to the end face of the radial outer portion in the direction towards the second axial end of the brake piston. See Figs. 1, 5.
Claim 2: Müller discloses that the end face of the radial inner portion of the end wall is axially offset along an annular step, in a direction towards the second end of the brake piston. See Figs. 1, 5.
Claim 7: Müller discloses that a pressure face for loading a brake pad is positioned at an axially outwardly directed face of the floor region of the first piston body portion. See Figs. 1, 5.
Claim 8: Müller discloses that the first and second piston body portions have a substantially constant wall thickness. See Translation (“…without increasing the wall thickness of the outer part and / or an outer diameter of the insert part”).
Claim 9: Müller discloses that the first and second piston body portions are two separately produced components which are connected together by form fit and/or material bonding in a region of the end wall. See Figs. 1, 5.
Claim 10: Müller discloses that the brake piston is displaceably received in a cylindrical orifice and/or wherein the brake piston is coupled to a brake piston drive comprising a spindle drive, wherein a spindle nut is accommodated in the receptacle of the second brake piston portion so as to be axially displaceable and not rotatable relative to the brake piston, and receives a drive spindle. See Translation (“The parking brake drive can comprise, for example, a spindle drive with a drive spindle and a drive element designed as a drive nut and adjustable along the drive spindle”).
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.
Müller in view of Varzescu
Claim(s) 3-6 and 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Müller in view of Varzescu et al. (U.S. Patent No. 6,382,367). Varzescu is directed to an actuating piston. See Abstract.
Claim 3: Müller is relied upon as in claim 1 above but does not disclose the conical mating faces at the floor regions of the first and second piston body portions. Varzescu discloses a brake piston [Fig. 2] wherein a radially outer face of a region (14) axially adjoining the floor of the second piston body portion is formed conical and lies on a conical counter-face having a complementary cone angle, which is formed on the radial inwardly directed floor region (top of 12 adjacent (14) of the first piston body portion. See Fig. 2. It would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to include this feature in the Müller piston because it already contemplates a means for axially locking the two coaxial cup-shaped pistons [see Fig. 1 (at C, using 18, 31)], and this is merely another way for the two cup-shaped pistons to axially shift in unison, ensuring proper functionality during a braking action.
Claim 4: Varzescu discloses that an inside of the receptacle is conical at the region (at 18) axially adjoining the floor of the second piston body portion and is configured to make contact with a counter-cone face of a spindle nut of a spindle drive in the receptacle of the second piston body portion. See Fig. 2.
Claim 5: Varzescu discloses that a radial end portion of the floor region of the first piston body portion runs axially obliquely inwardly in a direction towards the conically formed outer face of the region axially adjoining the floor of the second piston body portion, and rests outwardly on the second piston body portion. See Fig. 2.
Claim 6: Varzescu discloses that the floor region of the first piston body portion rests circumferentially all round on the outer face of the second piston body portion, without being attached to the outer face. See Fig. 2.
Claim 11: see claim 3 above.
Claim 12: see claim 4 above.
Claim 13: see claim 5 above.
Claim 14: Varzescu discloses that the radial end portion of the floor region runs axially obliquely inwardly at right angles toward the conically formed outer face of the region axially adjoining the floor. See Fig. 2.
Claim 15: see claim 6 above.
Claim 16: see claim 7 above.
Claim 17: see claim 8 above.
Claim 18: see claim 9 above.
Conclusion
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 November 20, 2025