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
Claims 2, 4, 6 and 9 are rejoined in view of the amendment to claim 2 to recite “one . . . direct or indirect line contact,” thereby conforming claim 2 to the elected Species I.B which includes a single arcuate contact. As noted below, however, the term “one . . . line contact” is indefinite because it is unclear how a single line contact includes an arcuate contact surface as recited in claim 9.
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 2, 4, 6, 9 and 21 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 claim 2, the phrase “one or more direct or indirect line contacts” is indefinite because claim 1 recites that “the contact region includes a circumferential area greater than a circumferential area of a single line contact between the end stop and the spindle.” Therefore, it is unclear how only “one . . . direct or indirect line contact” (see claim 2) has a “contact region [that] includes a circumferential area greater than a circumferential area of a single line contact” (see claim 1).
Regarding claim 2, the phrase “one or more direct or indirect line contacts” is indefinite because it is unclear what is considered to be a “line contact.” For example, claim 9 recites that the “mating area includes one or more arcuate portions.” It is unclear how an arcuate mating area is considered a “line contact.” For purposes of examination, however, the recited “one . . . direct or indirect line contact” will be interpreted as including an arcuate contact area.
Regarding claim 4, the phrase “one or more direct line contacts” is indefinite because claim 1 recites that “the contact region includes a circumferential area greater than a circumferential area of a single line contact between the end stop and the spindle.” Therefore, it is unclear how only “one . . . direct line contact” (see claim 4) has a “contact region [that] includes a circumferential area greater than a circumferential area of a single line contact” (see claim 1).
Regarding claim 6, the phrase “the one or more direct line contacts between the end stop and the spindle have a width of about 10 microns or less and the contact region has a width of about 50 microns or more” is indefinite because claim 1 recites that “the contact region includes a circumferential area greater than a circumferential area of a single line contact between the end stop and the spindle.” Therefore, it is unclear how the “one . . . direct line contact” has a width of about 10 microns or less and the contact region has a width of about 50 microns or more (see claim 6), and at the same time has an area greater than a single line contact (see claim 1).
Regarding claim 9, the phrase “wherein a surface of the end stop within the mating area includes one or more arcuate portions, a surface of the end stop within the mating area is a convex surface, a surface of the spindle within the mating area is a concave surface and a surface of the spindle within the mating area is arcuate” is indefinite because it is unclear whether the arcuate surfaces, convex surface and/or concave surface are the same as, distinct from or include the one or more line contacts. Furthermore, it is unclear how an “arcuate surface” mating area is considered a “line contact.”
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.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kick-Rodenbuecher et al. (US 2018/0058553).
Regarding claim 1, Kick-Rodenbuecher discloses a ball and nut assembly (see Abstract, FIGS. 1-5) adapted for a brake system of a vehicle (see ¶ 0021), comprising: (a) a nut (3) having a threaded portion (see FIG. 2); (b) a spindle (2) having a threaded portion (11) positioned at least partially within the nut so that the threaded portion of the spindle engages the threaded portion of the nut (see FIG. 2); and (c) an end stop (5) positioned adjacent to the spindle (see FIG. 2), wherein a mating area (12, 13) is located between the end stop and the spindle (see FIG. 2), the mating area includes a contact region (12, 13) in which the end stop contacts the spindle directly or indirectly (see FIG. 2), and the contact region includes a circumferential area greater than a circumferential area of a single line contact between the end stop and the spindle (see FIGS. 2, 5); and wherein the end stop prevents tilting of the spindle relative to a longitudinal axis of the spindle (see ¶ 0039, tilting is limited).
Regarding claim 2, Kick-Rodenbuecher discloses that the contact region includes one or more direct or indirect line contacts (12, 13) between the end stop and the spindle (see FIGS. 2, 5).
Regarding claim 4, Kick-Rodenbuecher discloses that the contact region includes one or more direct line contacts (12, 13) between the end stop and the spindle (see FIGS. 2, 5).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Segawa (US 2023/0383826).
Regarding claim 1, Segawa discloses a ball and nut assembly (see Abstract, FIGS. 2, 3) adapted for a brake system of a vehicle (see ¶ 0002), comprising: (a) a nut (3) having a threaded portion (12); (b) a spindle (2) having a threaded portion (9) positioned at least partially within the nut so that the threaded portion of the spindle engages the threaded portion of the nut (see FIG. 2); and (c) an end stop (5) positioned adjacent to the spindle (see FIG. 3), wherein a mating area is located between the end stop and the spindle (11, 23), the mating area includes a contact region in which the end stop contacts the spindle directly or indirectly (see FIG. 3), and the contact region includes a circumferential area greater than a circumferential area of a single line contact between the end stop and the spindle (see FIG. 3); and wherein the end stop prevents tilting of the spindle relative to a longitudinal axis of the spindle (see ¶ 0111).
Regarding claim 2, Segawa discloses that the contact region includes one or more direct or indirect line contacts (11, 23) between the end stop and the spindle (see FIGS. 2, 3).
Regarding claim 4, Segawa discloses that the contact region includes one or more direct line contacts between the end stop and the spindle (see FIGS. 2, 3).
Response to Arguments
Applicant’s arguments with respect to claims 1 have been considered but are moot in view of the new grounds of rejection noted above.
Conclusion
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.
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
March 21, 2026