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
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 12-20 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.
Claim 12 recites “the electrically operated braking assembly according to 2”, on lines 1-2. It is unclear because recitation “2” is stand for “claim 2” or anything else. However, claim 2 does not exist if recitation “2” is considered as “claim 2”. Accordingly, claim 12 is indefinite.
Claims 13-20 are rejected due to dependencies on base claim 12.
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.
Claims 1-8, 10, 12-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (JP 2010-234932 A).
For claim 1, Saito discloses an electrically operated braking assembly for a braking system of a motor vehicle (Fig. 1 of Saito disclose an electrically operated braking assembly for a braking system 10 of a motor vehicle – see Saito, Fig. 1, paragraphs [0001], [0012] and [0018]), comprising a brake force generator and a control unit (Figs. 1-2 of Saito disclose a brake force generator 30 and a control unit 100, 40 – see Saito, Figs. 1-2, paragraphs [0013] and [0021]), wherein the brake force generator has a brake force generator housing, to which a control housing, in which the control unit is accommodated, is attached directly adjacently to a side of the brake force generator housing (Figs. 1-2 and 5A of Saito disclose the brake force generator 30 which has a brake force generator housing (13,14), to which a control housing 14, in which the control unit 100 is accommodated, is attached directly adjacently to a side of the brake force generator housing 14 – see Saito, Figs. 1-2, paragraphs [0012], [0013], lines 1-5, and [0029]. It is noted that a braking system 10 which includes housing having a control housing 14 and a brake force generator housing 13, wherein the control housing 14 and the brake force generator housing 13 adjacent to each other at fitting surface 15 as shown in Fig. 1 and paragraph [0012] of Saito. However, the claimed limitation is merely an arrangement of the control housing and the brake force generator housing in the brake system; either the arrangement of the control housing 14 and the brake force generator housing 13 of Saito or the arrangement of the control housing and the brake force generator housing adjacent to each other along a longitudinal direction of the brake system (emphasis added), as recited in the claim, would achieve the same result), and wherein the brake force generator comprises an electric motor having a stator, and wherein the stator, together with stator windings, is received in the control housing and protrudes into the brake force generator housing (Figs. 1 and 5A of Saito disclose the brake force generator 30 which comprises an electric motor 30 having a stator 31, and wherein the stator 31, together with stator windings 32, is received in the control housing 14 and protrudes into the brake force generator housing 13,14 – see Saito, Figs. 1 and 5A, paragraphs [0012], lines 5-10, [0013], and [0029]), wherein the stator is mounted at least partially in and supported exclusively by the control housing (Figs. 1 and 5A of Saito disclose the stator 31 which is mounted at least partially in the control housing 14 – see Saito, Figs. 1 and 5A, paragraphs [0012], lines 5-10; [0013], lines 1-5 and [0029], lines 4-5). Saito is silent for disclosing the stator which is supported exclusively by the control housing. However, Saito discloses motor 30 is arranged in the housing 14 of the electric brake control device 10 (see Fig. 1), wherein the housing 13 and housing 14 are fit together at a fitting surface 15 (see Saito, Fig. 1, paragraph [0012], lines 5-10). It would have been an obvious matter of design choice to relocate Saito’s motor 30 from housing 14 to housing 13 (this implies that the stator is supported exclusively by the control housing 14), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Furthermore, rearrangement of motor is performed for purpose achieving better balance and serviceability.
For claims 3 and 12, Saito discloses the electrically operated braking assembly according to Claim 1 and/or claim 2, wherein the control housing is formed in a number of parts, with a cover, in which the control unit lies, and an intermediate housing (Fig. 1 of Saito discloses an intermediate housing which is portion between connector 112 and fitting surface 15) which lies between the cover and the brake force generator housing and is attached to the brake force generator housing (Fig. 1 of Saito discloses the control housing 14 which is formed in a number of parts, with a cover, in which the control unit 100 lies, and an intermediate housing which lies between the cover and the brake force generator housing 13 and is attached to the brake force generator housing 13).
For claims 4 and 13, Saito discloses the electrically operated braking assembly according to Claim 3 and/or claim 12, wherein the stator is fastened to the intermediate housing (Fig. 1 of Saito discloses the stator 31 is fastened to the intermediate housing).
For claims 5 and 14, Saito discloses the electrically operated braking assembly according to Claim 4 and/or claim 13, wherein a detent connection is formed on the intermediate housing and holds the stator, in the axial direction (Fig. 1 of Saito, as illustrated above, discloses a detent connection which is formed on the intermediate housing and holds the stator 31, in the axial direction).
For claims 7 and 16, Saito discloses the electrically operated braking assembly according to Claim 3 and/or claim 12, wherein electrically conductive connection contact lugs starting from the stator protrude into an interior formed by the cover (Fig. 1 of Saito discloses electrically conductive connection contact lugs starting from the stator 31 protrude into an interior formed by the cover).
For claims 8 and 17, Saito discloses the electrically operated braking assembly according to Claim 7 and/or claim 16, wherein guide openings for associated connection contact lugs are provided in a radial intermediate wall in the intermediate housing and the connection contact lugs extend through said guide openings to the control unit, where the connection contact lugs are electrically connected (see Fig. 1 of Saito).
For claims 10 and 19, Saito discloses the electrically operated braking assembly according to claim 3 and/or claim 12, wherein the intermediate housing is pot-shaped and forms a base which is directly adjacent to the control unit (Fig. 1 of Saito disclose the intermediate housing is pot-shaped and forms a base which is directly adjacent to the control unit 100).
For claim 20, Saito discloses the electrically operated braking assembly according to claim 12, wherein the stator protrudes into the brake force generator housing (Fig. 1 of Saito obviously disclose the stator 31 which protrudes into the brake force generator housing 13).
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (JP 2010-234932 A) in view of Brosamle et al. (hereinafter Brosamle, US 2017/0324298 A1).
For claims 6 and 15, Saito discloses the electrically operated braking assembly according to claim 5 and/or claim 14, wherein the detent connection comprises a plurality of detent hooks that protrude axially from a wall of the intermediate housing forming a receiving opening for the stator, the detent hooks extending in the direction of the brake force generator housing, and being resiliently deformable in a radial direction (Fig. 1 of Saito discloses the detent connection which comprises a plurality of detent hooks that protrude axially from a wall of the intermediate housing forming a receiving opening for the stator 31, the detent hooks extending in the direction of the brake force generator housing 14, and being resiliently deformable in a radial direction. It is noted that Saito silent for disclosing detent hooks that protrude axially from a wall of the intermediate housing forming a receiving opening for the stator. However, Fig. 1 of Saito discloses intermediate housing which holds the stator 31 by any elements (cable, hook or others), wherein one of elements can be detent connection comprising detent hooks. For supporting, sole Figure of Brosamle discloses housing 22 which holds the stator 18 by detent hooks 54 – see Brosamle, sole Figure, paragraph [0046]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Saito to include detent hooks connected between intermediate housing and the stator as teaching of Brosamle for purpose of preventing accidental disconnection and allowing fast setup changes without sacrificing security).
Allowable Subject Matter
Claims 9 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 filed 03/06/2026 have been fully considered but they are not persuasive. Applicant’s argument:
In REMARKS, page 6, last line and page 7, lines 1-8, applicant argues that “Saito fails to teach or suggest such a stator "received in the control housing and protrudes into the brake force generator housing." Saito instead discloses an electric motor (30) with a stator (31) and rotor (33). The specific housing that supports the stator is not clearly defined by Saito. The stator appears to be housed within the cylinder-side housing (14), which is part of the break force generator housing. Further, control unit (200) is housed separately in the vehicle-side housing (13). Thus, it is not taught that "an electric motor having a stator and wherein the stator together with stator windings, is received in the control housing and protrudes into the brake force generator housing," as claimed. For at least this additional reason, Saito fails to anticipate claim 1”.
Examiner’s response:
As explanation in claim 1 above, Figs. 1 and 5A of Saito and paragraphs [0012], lines 5-10, [0013], and [0029] of Saito disclose an electric motor 30 having a stator 31 and wherein the stator 31 together with stator windings 32, is received in the control housing 14 and protrudes into the brake force generator housing 13, 14.
Applicant’s argument:
In REMARKS, page 7, lines 19-21, applicant argues that “There is no structure or other disclosure that could stretch Saito to anticipate or render obvious the recitations of claim 6. For at least this reason, claim 6 is distinctly patentable”.
Examiner’s response:
As explanation in claim 6 above, Fig. 1 of Saito in view of Brosamle obviously disclose a plurality of detent hooks that protrude axially from a wall of the intermediate housing forming a receiving opening for the stator, the detent hooks extending in the direction of the brake force generator housing, and being resiliently deformable in a radial direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI T DINH whose telephone number is (571)270-3852. The examiner can normally be reached (571)270-3852.
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/THAI T DINH/Primary Examiner, Art Unit 2846
Mar 21, 2026