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 .
Election/Restrictions
Newly submitted claims 12-14 and 20 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Newly amended claim 12 and original claim 12 are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because original claim 12 was directed toward a method of manufacturing an actuator assembly comprising a drive assembly comprising a carrier assembly on which an electric motor, a spindle drive and a gear unit are mounted and a control assembly comprising a partition panel and a circuit board fastened to the partition panel whereas newly amended claim 12 has deleted this subject matter. Original claim 12 has separate utility such as assembling a drive assembly comprising a carrier assembly on which an electric motor, a spindle drive and a gear unit are mounted and a control assembly comprising a partition panel and a circuit board fastened to the partition panel and then providing a separate electrical connection, whereas newly amended claim 12 requires a generic drive assembly and a generic control assembly in addition to a new method step of preassembling and inserting the generic control assembly into a housing base part and simultaneously establishing an electrical connection between the circuit board and the electric motor.
Furthermore, a serious search burden exists because substantial structure that was previously recited in all of the independent claims has been deleted from the claims, thereby necessitating an entirely new search in different classes and/or sub-classes in addition to a new search using different search terminology and logic.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 12-20 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Objections
Claim 1 is objected to because of the following informalities: the word “husing” (see line 14) is misspelled. Appropriate correction is required.
Allowable Subject Matter
Claims 1-11 and 15-19 are allowed.
Regarding independent claim 1, Yasui (US 2019/0023248) is considered to be the closest prior art of record.
Yasui discloses an actuator assembly for a vehicle brake (see Abstract, FIG. , comprising: a control assembly comprising a partition panel and a single circuit board fastened to the partition panel, and a drive assembly comprising a carrier assembly on which an electric motor, a spindle drive and a gear unit are mounted, wherein a driven shaft of the electric motor is aligned substantially perpendicularly to the partition panel and the circuit board, wherein the control assembly and the drive assembly are arranged in a common housing, and wherein the control assembly and the drive assembly are insertable into the housing, and wherein insertion of the control assembly into the housing establishes an electrical connection between the circuit board and at least the electric motor, without requiring additional wiring or fastening steps.
Yasui, however, does not disclose that control assembly is configured as a preassembled, installable sub-unit, the control assembly comprising a partition panel and a single circuit board fastened to the partition panel prior to installation into a housing, or that the drive assembly is configured as a separate preassembled sub-unit which comprises a carrier assembly on which an electric motor, a spindle drive and a gear unit are mounted, which gear unit drivingly couples the electric motor and the spindle drive.
Conclusion
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
September 18, 2026
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