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 .
Response to Amendment
The amendment filed 03/06/2026 has been entered. Claims 11-15, 18-19, 21-27 29 have been amended and claims 1-10, 17, 20 28, 30 have been cancelled. Therefore, claims 11-16, 18-19, 21-27 and 29 are now pending in the application.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11-16, 18-19, 21-27 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doericht (US – 6,030,054) and further in view of Al-Mahshi (US – 2019/0120311 A1).
As per claim 11, Doericht discloses Brake System For A Vehicle (In accordance with a future feature of the invention, the wheel brake actuator and the spindle gear art part of a parking brake, Col: 2, Ln: 35-37, Fig: 1-2) comprising:
at least one first brake caliper (bottom 5 in Fig: 1) associated with a wheel of a rear axle of the vehicle (Fig: 1);
at least one further first brake caliper (top 5 in Fig: 1) associated with a wheel of a front axle of the vehicle (Fig: 1); wherein
all brake calipers of the parking-braking assembly of the vehicle are electro- actuated brake calipers to avoid hydraulic braking devices (in accordance with the invention, a brake system for a motor vehicle, comprising a brake caliper associated with a wheel; an actuating device constructed as an electro-mechanical wheel brake actuator mounted at the brake caliper) and circuits on the vehicle (16, 17, FIG. 1 has two brake circuit 16 and 17, which are allocated to a front axle and a rear axle, respectively, Col: 3, Ln: 40-42, Fig: 1); and wherein
both said first brake caliper and said further first brake caliper are at least also parking brake calipers (The brake system according to claim 1, wherein said wheel brake actuator and said spindle gear are part of a parking brake, Claim 3, Fig: 1-2).
Doericht discloses all the structure elements of the claimed invention but fails to explicitly disclose wherein said electro-actuated brake calipers and/or an electronic control unit are configured to apply a constant parking-braking action; at least two electric motors are associated with each electro-actuated brake caliper;
wherein both of said at least two electric motors are adapted to apply an at least initial parking-braking action that is part of the constant parking-braking action; and wherein at least one of said at least two electric motors are adapted to apply a subsequent parking-braking action that is part of the constant parking-braking action, until deactivation of the subsequent parking-braking action by a user.
Al-Mahshi discloses High Efficiency Multi-Piston Actuation Assembly comprising:
wherein said electro-actuated brake calipers and/or an electronic control unit are configured to apply a constant parking-braking action;
at least two electric motors are associated with each electro-actuated brake caliper (The control system may function to coordinate a brake apply or brake release between two or more motors, motor gear units, or both, [0039], Fig: 1-2);
wherein both of said at least two electric motors are adapted to apply an at least initial parking-braking action that is part of the constant parking-braking action (A first motor in a first motor gear unit, a second motor in a second motor gear unit, or both may be actuated, may be actuated simultaneously, actuated in series, actuated alternatingly, or a combination thereof, [0044], Fig: 1-4); and wherein at least one of said at least two electric motors are adapted to apply a subsequent parking-braking action that is part of the constant parking-braking action, until deactivation of the subsequent parking-braking action by a user (Each brake actuator may be reclamped by releasing one or all of the motor brakes and turning on the motors to reapply a braking force, [0044], Fig: 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to arrange the braking procedure in which said electro-actuated brake calipers and/or an electronic control unit are configured to apply a constant parking-braking action; at least two electric motors are associated with each electro-actuated brake caliper; and wherein both of said at least two electric motors are adapted to apply an at least initial parking-braking action that is part of the constant parking-braking action; and wherein at least one of said at least two electric motors are adapted to apply a subsequent parking-braking action that is part of the constant parking-braking action, until deactivation of the subsequent parking-braking action by a user as taught by Al-Mahshi in order to provide a process of controlling a plurality of discrete braking assemblies to coordinate and work together to create a service brake function, a parking brake function, or both.
As per claim 12, Doericht discloses wherein said electronic control unit is configured to generate a first electrical parking command signal and a second electrical parking command signal to actuate said electro-actuated brake calipers (The electronic power and control device 8 also receives feedback variables from the wheel brake actuator 4, for instance about the engine rpm or rotary angle of the engine or a contact force of the brake linings, as per Fig: 1, all wheel brakes has own actuator 4 and electric power and control device 8, Col: 3, Ln: 19-23, Fig: 1-2).
As per claim 13, Doericht discloses wherein said electro- actuated brake calipers (4, Fig: 1-2) and/or said electronic control unit are configured to apply [[a]] said constant parking-braking action on the vehicle also when the vehicle is parked (Due to the residual inhibition, the brake remains in the position it has reached, even if there is no electrical current to the electric motor 20. The legal requirements for the holding force of this handbrake function can be adhered to by a suitable choice of the friction parameters., stationary vehicle (v=0) and with motor off is a well-known feature of all parking brakes, Col: 5, Ln: 1-6, Fig: 1-2).
As per claim 14, Doericht discloses wherein said electro- actuated brake calipers and/or said electronic control unit are configured to apply [[a]] said constant parking-braking action on the vehicle also when the vehicle is parked and off (Due to the residual inhibition, the brake remains in the position it has reached, even if there is no electrical current to the electric motor 20. The legal requirements for the holding force of this handbrake function can be adhered to by a suitable choice of the friction parameters., stationary vehicle (v=0) and with motor off is a well-known feature of all parking brakes, Col: 5, Ln: 1-6, Fig: 1-2).
As per claim 15, Doericht discloses wherein of said at least two electric motors (20, Fig: 1-2) which acts, either directly or by a reduction gear, on a piston (26, Fig: 2) which biases a brake pad (6, Fig: 2), which, during said constant [[a]] braking-braking action, abuts against a braking surface of a brake disc (Fig: 1-2); and wherein
alternatively,
each of said at least two one electric motors motor comprises a motor locking device which acts by blocking movement of the at least two one electric motors motor when the at least two electric motors are not powered when the vehicle is stopped (Due to the friction losses of the spindle gear 22, 24 and the step-up stage 25, the spindle 24 does not automatically return to its position of repose after actuation of the wheel brake actuator but instead must be returned by supplying electrical current to the electric motor 20. This property can be exploited for a handbrake function: the actuator is actuated by the control unit until a predetermined tightening force is attained at the brake caliper, and subsequently the brake system is turned off. Due to the residual inhibition, the brake remains in the position it has reached, even if there is no electrical current to the electric motor 20, Col: 4, Ln: 59 – Col: 5, Ln: 3, Fig: 1-2);
or
said reduction gear is an irreversible reducer that allows movement of the piston if actuated by a respective one of the at least two one electric motors motor, but does not allow the piston to retract with the sole bias of the brake pad on which said piston acts.
As per claim 16, Doericht discloses wherein at least one second brake caliper is associated with a wheel of the rear axle of the vehicle (two caliper 4 in rear axle (bottom 4 in Fig: 12)); wherein
at least one further second brake caliper is associated with a wheel of the front axle of the vehicle (two caliper 4 in rear axle (top 4 in Fig: 12)); wherein
all four brake calipers (4) of the parking-braking assembly of the vehicle are electro- actuated brake calipers ( in accordance with the invention, a brake system for a motor vehicle, comprising a brake caliper associated with a wheel; an actuating device constructed as an electro-mechanical wheel brake actuator mounted at the brake caliper, Col: 2, Ln: 8-10, Fig: 1-2);
and wherein
at least one electro-actuated brake caliper of said rear axle and at least one electro-actuated brake caliper of said front axle are at least also parking brake calipers of the vehicle (Claim 3);
and/or wherein
at least two electro-actuated brake calipers of said rear axle and at least two electro-actuated brake calipers of said front axle are at least also parking brake calipers of the vehicle (In accordance with a further feature of the invention, the wheel brake actuator and the spindle gear ate parts of a parking brake, Col: 2, Ln: 35-37, Fig: 1-2).
As per claim 18, Doericht discloses wherein
said rear axle comprises two opposite rear wheels (bottom two wheels, Fig: 1) and each rear wheel cooperates with at least one rear axle electro-actuated caliper (4, Fig: 1); and
Al-Mahshi further discloses wherein
each rear axle electro-actuated caliper (14, Fig: 3-4) comprises said at least two electric motors (a pair of motor gear unit 40, [0045], Fig: 3-4); and wherein
at least one of said at least two electric motors of each rear axle electro-actuated caliper generates [[a]] said constant parking-braking action of the vehicle (The present teaching provide: a parking brake system that includes multiple actuated pistons that are simple in design and are capable of operating independently, [0004], [0008], [0031], [0039] and [0045], Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to make the each rear axle electro-actuated caliper comprises said at least two electric motors; and wherein at least one of said at least two electric motors of each rear axle electro-actuated caliper generates said constant parking-braking action of the vehicle as taught by Al-Mahshi in order to provide high efficiency brake assembles that distribute work.
As per claim 19, Doericht discloses wherein
said front axle comprises two opposite front wheels (top two wheels, Fig: 1) and each front wheel cooperates with at least one front axle electro-actuated caliper (Fig: 1); and
Al-Mahshi further disclose wherein each front axle electro-actuated caliper (14, Fig: 3-4) comprises said at least two electric motors (a pair of motor gear unit 40, [0045], Fig: 3-4); and wherein
at least one of said at least two electric motors of each front axle electro-actuated caliper generates [[a]] said constant parking-braking action of the vehicle (The present teaching provide: a parking brake system that includes multiple actuated pistons that are simple in design and are capable of operating independently, [0004], [0008], [0031], [0039] and [0045], Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to make each front axle electro-actuated caliper comprises said at least two electric motors; and wherein at least one of said at least two electric motors of each front axle electro-actuated caliper generates aid constant parking-braking action of the vehicle as taught by Al-Mahshi in order to provide high efficiency brake assembles that distribute work.
As per claim 21, Doericht discloses wherein
wherein said front axle comprises two opposite front wheels (top two wheels, Fig: 1) and each front wheel cooperates with at least one front axle electro-actuated caliper (5, Fig: 1); and wherein each front axle electro-actuated caliper comprises said at least two electric motors; and
Al-Mahshi further discloses wherein
both said at least two electric motors (40, Fig: 3-4) of each front axle electro-actuated caliper (14, Fig: 3-4) generate said an at least initial parking-braking action of the vehicle (The present teaching provide: a parking brake system that includes multiple actuated pistons that are simple in design and are capable of operating independently, [0004], [0008], [0031], [0039] and [0045], Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to make both said at least two electric motors of each front axle electro-actuated caliper generate said an at least initial parking-braking action of the vehicle as taught by Al-Mahshi in order to provide high efficiency brake assembles that distribute work.
As per claim 22, Doericht discloses wherein
said rear axle comprises two opposite rear wheels (bottom two wheels, Fig: 1) and each rear wheel cooperates with at least one rear axle electro-actuated caliper (5, Fig: 1); and
Al-Mahshi further discloses wherein
each rear axle electro-actuated caliper (14, Fig: 3-4) comprises said at least two electric motors (40, Fig: 3-4); and wherein
both said at least two electric motors of each rear axle electro-actuated caliper generate said an at least initial parking-braking action of the vehicle (The present teaching provide: a parking brake system that includes multiple actuated pistons that are simple in design and are capable of operating independently, [0004], [0008], [0031], [0039] and [0045], Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to make both each rear axle electro-actuated caliper comprises said at least two electric motors; and wherein both said at least two electric motors of each rear axle electro-actuated caliper generate said an at least initial parking-braking action of the vehicle as taught by Al-Mahshi in order to provide high efficiency brake assembles that distribute work.
As per claim 23, Doericht discloses wherein
said front axle comprises two opposite front wheels (top two opposite wheels in Fig: 1) and each front wheel cooperates with at least one front axle electro-actuated caliper (5, Fig: 1); and wherein
said front axle electro-actuated calipers are floating calipers (The brake caliper 5 is constructed as a floating caliper, Col: 3, Ln: 7-10, Fig: 1-2); and
Al-Mahshi further discloses wherein said front axle electro-actuated calipers (14, Fig: 3-4) each comprise said at least two electric motors (40, Fig: 3-4); and wherein
at least one of said at least two electric motors of each of said front axle electro- actuated calipers generates said constant parking-braking action of the vehicle (The present teaching provide: a parking brake system that includes multiple actuated pistons that are simple in design and are capable of operating independently, [0004], [0008], [0031], [0039] and [0045], Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to make said front axle electro-actuated calipers each comprise said at least two electric motors; and wherein at least one of said at least two electric motors of each of said front axle electro- actuated calipers generates said constant parking-braking action of the vehicle as taught by Al-Mahshi in order to provide high efficiency brake assembles that distribute work.
As per claim 24, Doericht discloses wherein
said front axle comprises two opposite front wheels (top two opposite wheels in Fig: 1) and each front wheel cooperates with at least one front axle electro-actuated caliper (5, Fig: 1); and
Al-Mahshi further discloses wherein said front axle electro-actuated calipers are monoblock or fixed calipers (The brake system may be an opposing brake system (i.e., a fixed caliper brake system), [0019], Fig: 3-4, 8); and wherein
said front axle electro-actuated calipers (14, Fig: 8) each comprise two opposed pairs of said at least two electric motors (40, Fig: 8); and wherein
at least two of said electric motors (40), arranged opposite to each other (Fig: 8), of each of said front axle electro-actuated calipers generate [[a]] said constant parking-braking action of the vehicle (The present teaching provide: a parking brake system that includes multiple actuated pistons that are simple in design and are capable of operating independently, [0004], [0008], [0031], [0039] and [0045], Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to make said front axle electro-actuated calipers are monoblock or fixed calipers and wherein said front axle electro-actuated calipers each comprise two opposed pairs of said at least two electric motors; and wherein at least two of said electric motors, arranged opposite to each other, of each of said front axle electro-actuated calipers generate said constant parking-braking action of the vehicle as taught by Al-Mahshi in order to provide high efficiency brake assembles that distribute work.
As per claim 25, Doericht discloses wherein
said rear axle comprises two opposite rear wheels (two bottom opposite wheels in Fig: 1) and each rear wheel cooperates with at least one rear axle electro-actuated caliper (5, Fig: 1); and wherein
said rear axle electro-actuated calipers are floating calipers (The brake caliper 5 is constructed as a floating caliper, Col: 3, Ln: 7-10, Fig: 1-2); and wherein
said rear axle electro-actuated calipers each comprise a single electric motor (20, Fig: 1-2); and wherein
said single electric motor of each of said rear axle electro-actuated calipers generates [[a]] said constant parking-braking action of the vehicle (The brake system according to claim 1, wherein said wheel brake actuator and said spindle gear are parts of a parking brake, Claim 3, Fig: 1-2).
As per claim 26, Doericht discloses Brake System For A Vehicle (In accordance with a future feature of the invention, the wheel brake actuator and the spindle gear art part of a parking brake, Col: 2, Ln: 35-37, Fig: 1-2) comprising:
providing at least one electro-actuated first brake caliper associated with a wheel of a rear axle of the vehicle (bottom 5 in Fig: 1);
providing at least one further electro-actuated first brake caliper associated with a wheel of a front axle of the vehicle (top 5 in Fig: 1); and
applying a constant parking-braking action with both said at least one electro- actuated first brake caliper, and said at least one further electro-actuated first brake caliper, and/or via an electronic control unit (in accordance with the invention, a brake system for a motor vehicle, comprising a brake caliper associated with a wheel; an actuating device constructed as an electro-mechanical wheel brake actuator mounted at the brake caliper, and the wheel brake actuator and the spindle gear are parts of a parking brake, Col: 2, Ln: 35-37, and Col: 2, Ln: 8-10, Fig: 1-2).
Doericht discloses all the structure elements of the claimed invention but fails to explicitly disclose associating at least two electric motors with each of said electro-actuated brake calipers;
applying an initial parking-braking action that is part of the constant parking- braking action by both of said at least two electric motors; and
applying a subsequent parking-braking action that is part of the constant parking- braking action with at least one of said at least two electric motors until deactivation of the subsequent parking-braking action by a user.
Al-Mahshi discloses High Efficiency Multi-Piston Actuation Assembly comprising:
associating at least two electric motors with each of said electro-actuated brake calipers (The control system may function to coordinate a brake apply or brake release between two or more motors, motor gear units or both, [0039], Fig: 1-2);
applying an initial parking-braking action that is part of the constant parking- braking action by both of said at least two electric motors (A first motor in a first motor gear unit, a second motor in a second motor gear unit, or both may be actuated, may be actuated simultaneously, actuated in series, actuated alternatingly, or a combination thereof, [0044], Fig: 1-4); and
applying a subsequent parking-braking action that is part of the constant parking- braking action with at least one of said at least two electric motors until deactivation of the subsequent parking-braking action by a user (Each brake actuator may be reclamped by releasing one or all of the motor brakes and turning on the motors to reapply a braking force, [0044], Fig: 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to arrange the braking procedure in which associating at least two electric motors with each of said electro-actuated brake calipers; applying an initial parking-braking action that is part of the constant parking- braking action by both of said at least two electric motors; and applying a subsequent parking-braking action that is part of the constant parking- braking action with at least one of said at least two electric motors until deactivation of the subsequent parking-braking action by a user as taught by Al-Mahshi in order to provide a process of controlling a plurality of discrete braking assemblies to coordinate and work together to create a service brake function, a parking brake function, or both.
As per claim 27, Doericht discloses
providing two opposite front wheels in said front axle (top two opposite wheels in Fig: 1), wherein each front wheel cooperates with at least one front axle electro-actuated caliper (5, Fig: 1);
providing two opposite rear wheels in said rear axle (bottom two wheels in Fig: 1), wherein each rear wheel cooperates with at least one rear axle electro-actuated caliper (5, Fig: 1);
applying [[a]] said constant parking-braking action with all front axle electro- actuated calipers and all rear axle electro-actuated calipers (The brake system according to claim 1, wherein said wheel brake actuator and said spindle gear are parts of a parking brake, Claim 3, Fig: 1-2).
As per claim 29, Al-Mahshi further discloses releasing the at least initial parking-braking action only from electric motors not concerned by the subsequent parking-braking action (The present teaching provide: a parking brake system that includes multiple actuated pistons that are simple in design and are capable of operating independently, [0004], [0008], [0031], [0039] and [0045], Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake System For A Vehicle of the Doericht to make releasing the at least initial parking-braking action only from electric motors not concerned by the subsequent parking-braking action as taught by Al-Mahshi in order to provide high efficiency brake assembles that distribute work.
Response to Arguments
Applicant’s arguments, see REMARK, filed 03/06/2026, with respect to the rejection(s) of claim(s) 11-16, 18-19, 21-27 and 29 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 Doericht (US – 6,030,054) and further in view of Al-Mahshi (US – 2019/0120311 A1).
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.
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
/NICHOLAS J LANE/Primary Examiner, Art Unit 3616