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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the telescopic counter bearing must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 17-21,23,25,27,29-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Gadke et al(U.S. Publication 2022/0228635).
Choi discloses :
Regarding claim 17,
a brake holder 11 which can be fixed on a motor vehicle (column 3 line 31) for conjoint rotation;
a counter bearing 14, with two brake shoes 12,13 which are mounted opposite one another for conjoint rotation and which are arranged so as to be displaceable radially outward in the direction of a brake rotor designed as a brake drum 10;
at least one transmission device 44 for actuating the brakes; and
two actuating devices, which are one of a hydraulic and electric service brake actuator 15 and an electric parking brake actuator 21, wherein the service brake actuator and the electric parking brake actuator are fixed next to one another on the brake holder.
Regarding claims 18,19, the actuators 15, 21 are mounted on the top of the brake holder 11 and counter bearing 14 is on the bottom of the brake holder 11
Choi all the limitations of claim 17 except for an integrated sensor in a telescopic counter bearing. Gadke et al teaches integrated sensor in a counter bearing for a drum brake to measure force (see 9,10,17,14). The sensors necessary to control the system would either be integrated with a system element such as an actuator or a counter bearing or separately provided on the brake. It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to use an integrated sensor in telescopic counter bearing as taught by Gadke et al in the system of Choi as there are only two possible arrangements and integration allows for a simpler mounting design since a separate mounting structure is not needed.
Claim(s) 26, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, as modified above for claim 17, in view of Asai (U.S. Patent 6,125,976).
Choi, as modified, discloses all the limitations of the claim except for the parking brake being a duo-servo brake and the associated structure required for Duo-Servo function. Asai et al teaches Duo-Servo parking brake (see abstract). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to use a duo-servo brake as taught by Asai et al in the system of Choi because the duo-servo brake system is more efficient which allows for a smaller system.
Claim(s) 22,24, 26, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, as modified, in view of Yamamoto (U.S. Publication 2002/0026272).
Choi, as modified, discloses all the limitations of the claim except for an electric service actuator including a current sensor. Yamamoto teaches an electric service actuator 23 including a current sensor 55. It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to use an electric service actuator as taught by Yamamoto in the system of Choi as electric actuator are a well-known alternative to hydraulic actuators and eliminates the need for a hydraulic and the required hardware and weight. This is advantageous for example as in an electric vehicle which typically does not have non electric control systems like hydraulic or vacuum.
Response to Arguments
Applicant's arguments filed 17 have been fully considered but they are not persuasive. Applicant argues that Gadke teaches a hydraulic sensor. It is unclear what the basis of this argument is. Gadke discloses sensors 17 that measure the position of the magnets 16 to generate an electrical signal. Therefore, Gadke teaches an electrical sensor to measure the force. Regarding the drawing objection, applicant points to element 5 in the figures. While examiner agrees that element 5 is a counter bearing, there does not appear to be any telescopic elements. The drawing appear to show a fixed block whose shape does not change which is standard.
THIS ACTION IS MADE FINAL. 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 Robert A. Siconolfi whose telephone number is (571)272-7124. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Fristoe can be reached at 571-272-4926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT A. SICONOLFI
Supervisory Patent Examiner
Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616