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Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/22/2026.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: BRAKE SYSTEM HYDRAULIC PRESSURE SUPPLY DEVICE WITH NOISE DAMPING MEMBER
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.
Claim 9 recites the limitation "the damping member contact surface". There is insufficient antecedent basis for this limitation in the claim.
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 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plewnia (DE102019219409A1).
Claim 1: Plewnia (Fig. 1) discloses a hydraulic pressure supply device comprising a hydraulic block (16) formed with a flow path through which oil supplied from a reservoir flows (as can be appreciated from Fig. 1); a motor pump unit (46) coupled to one side of the hydraulic block (Fig. 1), configured to generate drive force by supply of power and to move forward and backward by the drive force (Fig. 1); a sleeve (note one of 20/22) coupled to an inside of the hydraulic block on the other side of the hydraulic block and configured to form a forward and backward path of the motor pump unit (Fig. 1); a housing (note one of 18 and 20) coupled to the other side of the hydraulic block and configured to form a space for generating hydraulic pressure with the oil supplied from the reservoir while shielding the other side of the sleeve (Fig. 1); and a damping member (note one of the sealing members 34, whose elastic nature will possess natural dampening/absorption properties) provided between the sleeve and the housing and configured to absorb vibration generated between the sleeve and the housing and to prevent noise when pressure in the space for generating the hydraulic pressure rises due to the forward and backward movement of the motor pump unit (Fig. 1, Examiner noting that the elastic sealing members will provide some secondary absorption of the noise/vibrations in concert with its primary function of liquid sealing).
Claim 14: Plewnia further discloses that the motor pump unit comprises a motor (46) coupled to one side of the hydraulic block and configured to generate drive force by supply of power (Fig. 1); and a pump member (26) inserted into the hydraulic block from one side of the hydraulic block and configured to move forward and backward by the drive force generated by the motor (Fig. 1).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Plewnia (DE102019219409A1) in view of Weh (US20220379861).
Claim 10: Plewnia discloses the previous limitations but is not explicit about the damping member is formed of a plastic material. However, Weh teaches a sealing member that is formed of a plastic material (see paragraph 19). It would have been obvious before the effective filing date of the invention to a skilled artisan to utilize a plastic material for the damping/seal member as plastic is an inexpensive, durable material.
Allowable Subject Matter
Claims 2-8 and 11-13 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.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 2, the prior art of record does not further disclose or reasonably teach in combination wherein the damping member comprises a tubular damping body having a hollow portion formed along a longitudinal direction so that the sleeve is able to be inserted and coupled thereto and a slit formed through an inside and outside of the damping body.
Regarding claim 11, the prior art of record does not further disclose or reasonably teach in combination wherein the damping member comprises a tubular damping body having a hollow portion formed along a longitudinal direction so that the sleeve is able to be inserted and coupled thereto.
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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