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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/21/25 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.
Claim(s) 1, 8-10, 15-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE-102016221904 (DE’904).
Re: claims 1 and 9. DE’904 shows in figure 1 an actuator assembly for a vehicle brake comprising: a brake caliper 128 in which there is an intermediate space for accommodating a brake rotor 1; a drive housing, as labeled, in which a drive assembly shown in the area of the lead arrow of 141 of the actuator assembly is accommodated at least partially, wherein the drive housing is fixedly connected to the brake caliper128 via intervening element (labeled frame part); a linearly guided actuating slide 124 for a brake pad 121, which can be moved optionally between a retracted position and an extended position by means of the drive assembly; and a
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frame part, as labeled, having an accommodation space shown inside of the frame part, in which a transmission unit 142 of the drive assembly is at least partially accommodated as shown, the transmission unit 142 being located on an opposite side (right side) of the frame part from the brake caliper 128 (left side), wherein an electric motor 140 as described in the English translation of DE’904 is secured on the frame part via connected components, the electric motor 140 being coupled to the actuating slide via the transmission unit 142 and a spindle drive 132, wherein the frame part, as labeled, is secured on a portion of the drive housing, as labeled, located on an opposite side (left side) of the drive assembly 141 from a front portion of the drive housing (right side) that is closed by a housing cover, as labeled.
Re: claims 8, 15, and 16. DE’904 shows in figure 1 the limitation wherein a reinforcing part, as labeled, is provided which spans the accommodation space i.e. the radial flange portion of the accommodation space as broadly recited.
Re: claim 10. DE’904 shows in figure 1 the limitation wherein the drive housing, as labeled, can be screwed to the brake caliper in different positions indirectly by way of the frame part, as labeled, which can be fastened to the brake caliper in different positions depending on the position of the labeled fastener (i.e. whether it is partially screwed in or fully screwed in), as broadly recited.
Re: claim 17. DE’904 shows in figure 1 the limitation wherein a control assembly 2 and as labeled is accommodated in the housing cover, as labeled.
Re: claim 19. DE’904 shows in figure 1 the limitation wherein the electric motor 140 is coupled to the actuating slide 124 such that the electric motor drives the actuating slide by way of the spindle 132 and the sleeve member 131.
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.
Claim(s) 2, 5, 11, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE-102016221904 (DE’904) in view of WO-2012124811 (WO’811).
Re: claims 2 and 11. DE’904 shows in figure 1 the limitation wherein a bearing journal 143 is secured on the frame part by way of at least one intervening element including the drive housing as shown as broadly recited, on which journal a gear wheel 142 is mounted which is associated with an output of an electric motor, but is not clearly shown and is silent with regard to gear assembly detail.
WO’811 teaches in figure 2 the use of a gear wheel 46 mounted on a journal 45 which meshes with an output gear wheel 44 of an electric motor 8a.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the gear assembly including the gear wheel secured to the frame part of DE’904 to have been meshed with an output gear of an electric motor, in view of the teachings of WO’811, in order to provide a means of actively controlling the forward and reverse position of the actuating slide and, thus, the brake pad via a speed reduction mechanism in order to control braking and release functions.
Re: claims 5 and 20. DE’904 is silent with regard to the actuating slide being guided in a bearing sleeve.
WO’811 teaches in figure 2 the use of an actuating slide 79 that drives the movement of a brake pad being guided in a bearing sleeve 92.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the actuating slide of DE’904 to have been guided in a bearing sleeve, in view of the teachings of WO’811, in order to provide a means of helping to reduce wear between the actuating slide and the caliper to improve the overall reliability of the assembly and to reduce tilting.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE-102016221904 (DE’904) in view of CN-111795093 (CN’093).
DE’904 shows in figure 1 the accommodation space within the frame part, as labeled, including a component, as labeled, extending along an inner circumference of the accommodation space and surrounding the gear assembly, but is silent with regard to the component being a ring gear of a planetary transmission stage.
CN’093 teaches in figure 4 a brake actuator assembly including the use of a ring gear 14 of a planetary transmission stage.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the component of DE’904 to have been a ring gear of a planetary transmission stage, in view of the teachings of CN’093, in order to provide a of means of achieving a desired torque distribution with reduced speed and multiplied torque characteristics to affect brake performance depending on particular applications.
Claim(s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE-102016221904 (DE’904) in view of WO-2012124811 (WO’811) as applied above, and further in view of CN-111795093 (CN’093).
Re: claim 4. DE’904, as modified, is silent with regard to the gear wheel which meshes with the output gear wheel being coupled to a sun wheel of a planetary transmission stage.
CN’093 teaches in figures 4 and 7 a brake actuating assembly including a gear wheel 62 which meshes with an output gear wheel 32 being coupled to a sun wheel 52 of a planetary transmission stage.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the gear wheel of DE’904, as modified, to have been coupled to a sun wheel of a planetary transmission stage, in view of the teachings of CN’093, in order to provide a of means of achieving a desired torque distribution with reduced speed and multiplied torque characteristics to affect brake performance depending on particular applications.
Re: claim 12. DE’904, as modified, is silent with regard to the output gear wheel being coupled to the sun wheel via a further gear wheel.
CN’093 teaches in figure 4 the output gear wheel being coupled to the sun wheel via a further gear wheel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the output gear wheel of DE’904, as modified, to have been coupled to the sun wheel via a further gear wheel, in view of the teachings of CN’093, in order to provide a of means of achieving a desired torque distribution with reduced speed and multiplied torque characteristics to affect brake performance depending on particular applications.
Claim(s) 5-7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE-102016221904 (DE’904) in view of JP-2009174585 (JP’585).
Re: claims 5 and 20. DE’904 is silent with regard to the actuating slide being guided in a bearing sleeve.
JP’585 teaches in figure 6 the use of an actuating slide 22 that drives the movement of a brake pad being guided in a bearing sleeve 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the actuating slide of DE’904 to have been guided in a bearing sleeve, in view of the teachings of JP’585, in order to provide a means of helping to reduce wear between the actuating slide and the caliper to improve the overall reliability of the assembly and to reduce tilting.
Re: claim 6. DE’904, as modified, is silent with regard to the caliper being two parts.
JP’585 teaches in figure 6 the limitation wherein a brake caliper 1a, 31 is in two parts 1a, 31 and an intermediate space for accommodating a brake rotor 32 being formed in a first caliper part 31 and a bearing sleeve 5 being accommodated in a second caliper part 1a.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the caliper of DE’904, as modified, to have been in two parts with the rotor being accommodated in a first caliper part and the bearing sleeve being accommodated in a second caliper part, in view of the teachings of JP’585, in order to provide of facilitating repair of various sections of the brake actuating assembly without having to affect the brake assembly as a whole.
Re: claim 7. DE’904, as modified, is silent with regard to the actuating assembly having a guide for aligning the bearing sleeve being arranged concentrically with respect to the accommodation space.
JP’585 teaches in figure 6 the use of an actuating assembly having a guide or the unlabeled seal shown between elements 1a and 5 for aligning the bearing sleeve 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the caliper of DE’904, as modified, to have included a guide for aligning the bearing sleeve, in view of the teachings of JP’585, in order to provide both a guiding and sealing function to help prevent the passage of fluid and/or debris. Examiner notes that the combination results in the bearing sleeve of DE’904, as modified, being arranged concentrically with respect to the accommodation space.
Re: claim 14. DE’904, as modified, teaches in figure 1 of DE’904 the limitation wherein the frame part, as labeled, tapers or goes from smaller diameter portion to larger diameter portion in a funnel shape from the accommodation shown within the frame part to the guide (which would be in the area of the unlabeled seal abutting the actuating slide).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 12 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.
Re: claim 4. The phrase “the gear wheel” is indefinite. It is unclear whether Applicant intends to refer to the gear wheel or the output gear wheel. The remaining claim is indefinite due to its dependency from claim 4.
Allowable Subject Matter
Claims 13 and 18 are 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.
Response to Arguments
Applicant's arguments on pgs. 5-6 filed 1/16/26 have been fully considered and they are persuasive. Accordingly, the drawing objection and 112 rejection have been withdrawn. Upon further review, new rejections have been presented above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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mmb
March 2, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616