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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/17/2026 has been entered.
Election/Restrictions
Newly submitted claim 18 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claim 18 is directed the subcombination of a contact spring system whereas the originally claimed invention is the combination of a brake system and a contact spring system. 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 the features of the contact elements being arrange parallel to one another along longitudinal axes, a projecting length being at least 2 mm in an uninstalled sate and the recited internal shoulder defined in the subcombination are not required by the combination. The subcombination has separate utility such as connection circuit boards in an appliance or vehicle transmission control unit.
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 Accordingly, claim 18 and depending claims 4, 11-12 and 14-16 are withdrawn from consideration as being directed to a non-elected invention.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 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.
(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.
Claim(s) 1, 5-7, and 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by VanTassel et al (US# 2022/0069503).
VanTassel et al disclose all the limitations of the instant claim including; a brake system 10 for a motor vehicle, comprising an electronic control unit 30 with a control circuit board ([0029] circuit board of ECU), a hydraulic block 14 through which hydraulic channels extend and which has a brake cylinder bore (bore receiving master cylinder 16, Fig 1), a piston which is displaceable in the brake cylinder bore by a brake pedal [0020][0025], and a pedal travel sensor with a sensor circuit board 60 [0025], wherein the pedal travel sensor is configured to detect the position of the piston in the brake cylinder bore, a contact spring system 50 connecting the control circuit board to the sensor circuit board for transmission of signals [0029], in a non-destructively detachable fashion, wherein the contact spring system further comprises: a housing 52 formed of electrically insulating material [0023] and having a plurality of vertical channels 54, a plurality of electrical contact elements 100 received in the channels and electrically isolated from one another by the housing, each contact element being individually preloaded and elastically compressible along a longitudinal axis extending through a corresponding channel [0031], each contact element having first 128 and second 110 contact portions projecting from opposite sides of the housing to bear under preload against respective electrical contact pads of the control circuit board and/or the sensor circuit board, and each contact element being axially retained within the housing by a shoulder or a stop surface 170 within the corresponding channel such that the element is captively held while remaining longitudinally compressible.
Regarding claim 5, the contact elements 100 each have a longitudinal axis, wherein the contact elements are arranged parallel to one another.
Regarding claim 6, the contact elements 100 are springs [0031] made of conductive material [0026].
Regarding claim 7, the contact springs 100 are each elastically compressible along a longitudinal axis that is perpendicular to the electrical contact pad [0024], against which the corresponding contact element bears under preload.
Regarding claim 13, the contact elements 100 having a longitudinal axis, wherein the contact elements are perpendicular to the electrical contact pads, against which the contact elements bear in each case under preload.
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.
Claims 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over VanTassel et al (US# 2022/0069503) in view of Forwerck et al (US# 10124778).
Regarding claim 8, VanTassel et al further disclose the hydraulic block being a monolithic part (Figure 1), but lack the details of a depression which is accessible from the outside and which extends in the direction of the brake cylinder bore and into which the pedal travel sensor is inserted in a non-destructively removable fashion. Forwerck et al disclose a similar brake device and further teach a depression (space between protrusions 68 Fig 10, or aperture 65, Fig 11) which is accessible from the outside and which extends in the direction of the brake cylinder bore and into which a pedal travel sensor 16 is inserted in a non-destructively removable fashion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the sensor and mounting configuration taught by Forwerck for the sensor of VanTassel et al as an obvious means of providing the sensor in a removable manner which ensures proper orientation.
Regarding claim 9, Forwerck teach the pedal travel sensor 16 having a base 46 the inside of which is abutted by a sensor portion 44 of the sensor circuit board 42, which is electrically connected via a connecting portion to a contacting portion (at 76) of the sensor circuit board, which contacting portion is arranged on a top side of the pedal travel sensor. Figure 6.
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over VanTassel et al (US# 2022/0069503) in view of Schliebe (US# 6375473).
Regarding claim 10, VanTassel et al further suggest contact pads [0024], but do not indicate that they are circular. Schliebe discloses a similar device and further teach circular contact pads 104. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use circular contact pads, such as taught by Schliebe, for the contacts of VanTassel et al as an obvious design choice which provides the expected results of facilitating contact between the contact element and the sensor board.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 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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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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