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 § 112
Previous rejection of claim 5 under 354.U.S.C 112 (pre-AIA ) has been withdrawn in light of applicant amended to claim 15.
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.
Claim(s) 1-2, 5-6, 11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over OTAKI RYOICHI (DE – 11-2004-000150, Examiner disclosed English machined translation in previous office action) and further in view of Kapaan et al, (US – 6,907,967 B1).
As per claim 1, OTAKI discloses Actuator And Bake system comprising:
the brake actuator unit (Fig: 1) for an electromechanical brake (Fig: 1), comprising: a spindle (18), which is driven in rotation by an electric motor (11, Fig: 1), and a brake piston (17, Fig: 1) in a form of a spindle nut (Fig: 1), which surrounds the spindle (18, Fig: 1) and is configured to press against a brake lining (23B, Fig: 1).
OTAKI discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the brake piston is mounted in a cup-shaped bushing that is accommodated in a brake housing and secured against rotation therein, and wherein the spindle includes a transition portion forming a spherical bearing contact face for axial support.
Kapaan discloses Compact actuator comprising:
the brake piston (4, The nut 4 is carried out as a piston which is slidably held in a cylindrical space 28 in the housing 1, Col: 3, Ln: 24-27, Fig: 3) is mounted in a cup-shaped bushing (5, Fig: 3) that is accommodated in a brake housing (1, Fig: 3) and secured against rotation therein (Upon actuating the screw 5, the nut is therefore driven linearly and in axial direction with respect to the housing 1, Col: 3, Ln: 28-31, Fig: 3), and wherein the spindle includes a transition portion forming a spherical bearing (bearing 11, Fig: 3) contact face for axial support (Attached figure and Fig: 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Actuator And Bake system of the OTAKI to make the brake piston is mounted in a cup-shaped bushing that is accommodated in a brake housing and secured against rotation therein, and wherein the spindle includes a transition portion forming a spherical bearing contact face for axial support as taught by Kapaan in order to prevent deformation of the screw and nut mechanism and provide proper alignment
As per claim 2, OTAKI discloses wherein there is provided an axial bearing (21, Fig: 1), which mounts the spindle (18a, Fig: 1) axially, wherein the spindle (18) is supported on the axial bearing (21) on operation of the brake (Fig: 1).
As per claim 5, OTAKI discloses wherein there is provided a brake housing (10, Fig: 1) which has a base (Attached figure and Fig: 1) and which accommodates the brake piston (17, Fig: 1) in its interior (Fig: 1).
As per claim 6, OTAKI discloses wherein the axial bearing (21) is supported on a base (Attached figure and Fig: 1) of a brake housing (10, Attached figure and Fig: 1).
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As per claim 11, OTAKI discloses wherein the brake piston (17) has on a brake lining side an end wall (Attached figure and Fig: 1) which presses against the brake lining (23B) when the brake (Fig: 1) is operated.
As per claim 13, OTAKI discloses wherein, brake linings (23A, 23B, Fig: 1) which can be moved towards one another, and an electric motor (11, Fig: 1) which is coupled in a torque-transmitting manner (via 13, 16, Fig: 1) with the spindle (18, Fig: 1).
As per claim 14, OTAKI discloses wherein a spindle (18) to be driven (via ball screw 17b, Fig: 1), and a brake piston (17) in a form of a spindle nut (Fig: 1), which surrounds the spindle (17) and is configured to press against a brake lining (23B, Fig: 1).
Claim(s) 7-10, 15 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over OTAKI RYOICHI (DE — 11-2004-000150 T5, Examiner disclosed English machined translation for claim rejection) as modified by Kapaanet al. (US – 6,907,967 B1) as applied to claims 1-2 and 6 above, and further in view of Herbert Schmidt (DE — 2946851 C2, Examiner disclosed English machined translation in previous office action).
As per claim 7, OTAKI discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein an axial bearing washer is arranged axially between the axial bearing and the base of the brake housing and is pressed in the brake housing by frictional engagement and/or interlocking engagement in such a manner that it is secured against rotation.
Schmidt discloses Disc Brake and further discloses wherein an axial bearing washer (Attached figure and Fig: 1) is arranged axially between the axial bearing (36, Fig: 1) and the base (40, Fig: 1) of the brake housing (13, 40, Fig: 1) and is pressed in the brake housing by frictional engagement and/or interlocking engagement in such a manner that it is secured against rotation.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Actuator And Bake system of the OTAKI as modified by Kapaan to make the axial bearing washer is arranged axially between the axial bearing and the base of the brake housing and is pressed in the brake housing by frictional engagement and/or interlocking engagement in such a manner that it is secured against rotation as taught by Schmidt in order to prevent stuck due to corrosion jam and smooth operation of the brake.
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As per claim 17, Schmidt further discloses wherein a rotation lock (28, Fig: 1) is provided between the brake housing and the brake piston accommodated in a linearly displaceable manner therein, which rotation lock permits a linear displacement of the brake piston but prevents the brake piston from rotating relative to the brake housing (A radially from the leg 13 inwardly projecting bolt 28 engages in a longitudinal slot 29 of the actuating nut 20 and secures the se against rotation without hindering its axial displacement in the normal operating range, [0014], Fig: 1).
As per claim 8, Schmidt further discloses wherein a rotation lock (28, Fig: 1) is provided between the brake housing (13, 40) and the brake piston (17, Fig: 1) accommodated in a linearly displaceable manner therein, which rotation lock permits a linear displacement of the brake piston (17) but prevents the brake piston from rotating relative to the brake housing (A radially from the leg 13 inwardly projecting bolt 28 engages in a longitudinal slot 29 of the actuating nut 20 and secures the se against rotation without hindering its axial displacement in the normal operating range, [0014], Fig: 1).
As per claim 9, Schmidt further discloses wherein a gasket (48, Fig: 1) is provided on a brake lining side between the brake piston (20, Fig: 1) and the brake housing (13, 40).
As per claim 18, Schmidt further discloses wherein the spindle drive has a ball screw (89, Fig: 1).
As per claim 15, OTAKI discloses wherein the spindle (18) has on the brake lining side a shaft portion (Attached figure and Fig: 1) which is thickened in cross- section and which has a transmission thread (18c, Fig: 1) on an outer lateral surface, and a drive shaft prolongation (18b, Fig: 1) of a smaller cross- section, wherein the transition portion (18a, Fig: 1) is formed between the shaft portion and the drive shaft prolongation.
Claim(s) 3-4, 12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over OTAKI RYOICHI (DE — 11-2004-000150 T5, Examiner disclosed English machined translation in previous office action) as modified by Kapaan et al, (US – 6,907,967 B1) as applied to claims 1-2 above, and further in view of Olschewski et al. (US — 6,554,109 B1).
As per claim 3, OTAKI as modified by Kapaan discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein there is provided a spindle drive having a core diameter (DK) of a thread of the brake piston for axial displaceability of the brake piston, wherein the core diameter (DK) of the thread is larger than an outside diameter (DL) of the axial bearing.
Olschewski discloses Actuator Having A Central Support, And Brake Calliper comprising:
wherein there is provided a spindle drive (drive screw mechanism 81, Col: 4, Ln: 55-57, Fig: 5) having acore diameter of a thread of the brake piston for axial displaceability of the brake piston (Attached figure and Fig: 5), wherein the core diameter of the thread is larger than an outside diameter (Attached figure and Fig: 5) of the axial bearing.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Actuator And Bake system of the OTAKI as modified by Kapaan to make the spindle drive having a core diameter (DK) of a thread of the brake piston for axial displaceability of the brake piston, wherein the core diameter (DK) of the thread is larger than an outside diameter (DL) of the axial bearing as taught by Olschewski in order to provide control the actuator load and thus the brake force.
As per claim 4, Olschewski further discloses further disclose wherein the spindle has on a brake lining side a shaft portion which is thickened in cross-section and has a transmission thread of the spindle drive on an outer lateral surface (Attached figure and Fig: 5), and a drive shaft prolongation of comparatively smaller cross-section (at 61, Fig: 5), and the transition portion is formed between the shaft portion and the drive shaft prolongation, wherein the axial bearing abuts a contact face provided by the transition portion (Attached figure and Fig: 5).
As per claim 12, Olschewski further discloses wherein the spindle drive has a ball screw (Said screw mechanism 60 furthermore may comprise rollers 66 or Sais and nut 67, Col: 4, Ln: 25-27, Fig: 4-5).
As per claim 16, Olschewski further discloses wherein there is provided a brake housing (7, Fig: 5) which has a base and which accommodates the brake piston in its interior (Attached figure and Fig: 5).
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Response to Arguments
Applicant’s arguments, see REMARK, filed 09/09/2025, with respect to the rejection(s) of claim(s) 1-9 and 11-18 under 35 U.S.C. 102(a)(1) and 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 OTAKI RYOICHI (DE – 11-2004-000150, Examiner disclosed English machined translation in previous office action) and further in view of Kapaan et al, (US – 6,907,967 B1), DE — 2946851 C2) and (US — 6,554,109 B1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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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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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616