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 § 102
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 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.
Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102a1 as being anticipated by Park (US-20220185255).
Regarding claim 1, Park discloses an electronic parking brake apparatus for a vehicle (fig 1), comprising: a drum (12); a backing plate disposed within the drum (fig 1, [0031]); a cylinder (13) attached to a surface of the backing plate (fig 1, [0031]); a motor (M) configured to expand or contract the cylinder ([0031-0032]); a pair of brake shoes (11ab) respectively coupled to first and second sides of the cylinder fig 1); a lining attached to an outer circumferential surface of each brake shoe ([0030]); a spring (18) coupled between the pair of brake shoes; and a control unit (20) configured to control a contraction operation of the cylinder when a parking brake of the vehicle is released (fig 2), wherein the control unit is configured to determine, based on a temperature of the electric motor (at least [0081] wherein the target motor current directly correlates to the drum temperature and [0083] wherein compensation for a release time of the electric drum brake 10 according to a temperature of the electric drum brake 10, wherein the motor is part of the drum brake 10 and therefore thermally coupled inside the brake drum) or a hydraulic pressure of a master cylinder of the vehicle an end time of the contraction operation of the cylinder in order to control contraction of the cylinder (at least [0009]), and wherein the control unit is configured to delay the end time of the contraction operation when the temperature of the motor is lower than a predetermined temperature or the hydraulic pressure of the master cylinder is higher than a predetermined pressure (at least [0081] wherein the target motor current directly correlates to the drum temperature and wherein when the motor current reaches the target current, the controller 20 determines the parking release time which is a period of time while the motor current maintains the target current, based on the temperature of the drum 12. The controller 20 may estimate the temperature of the drum 12 from wheel speed information and braking pressure information, or directly detect the temperature of the drum 12 through a temperature sensor, and [0083] wherein compensation for a release time of the electric drum brake 10 according to a temperature of the electric drum brake 10, wherein the motor is part of the drum brake 10).
Regarding claim 2, Park discloses wherein the control unit is configured to determine the end time further based on at least one of a temperature of the drum ([0056-0057] including an alternative method wherein the temperature of the drum can be directly detected using a temperature sensor).
Regarding claim 3, Park discloses wherein the control unit is configured to, in response to the temperature of the drum being higher than a predetermined temperature, delay the end time for contracting the cylinder ([0011], wherein the controller is configured to determine the parking release time when the temperature of the drum is high to be longer than the parking release time when the temperature of the drum is low).
Regarding claim 6, Park discloses wherein the control unit is capable of determining the end time of the contraction operation based on a temperature of the lining ([0057 at least wherein a mathematical model for calculating the temperature of the drum 12 may be created using the above conversion process of thermal energy. The frictional energy generated from the frictional force is converted into the thermal energy and absorbed by the drum 12. The thermal energy generated by the frictional force may be expressed as a function of a friction coefficient of the brake linings, braking pressure, wheel speed, and the like).
Regarding claim 7, Park discloses wherein the control unit is configured to determine the end time of the contraction operation based on an ambient temperature ([0057 at least wherein a mathematical model for calculating the temperature of the drum 12 may be created using the above conversion process of thermal energy including an atmospheric temperature. The frictional energy generated from the frictional force is converted into the thermal energy and absorbed by the drum 12. The thermal energy generated by the frictional force may be expressed as a function of a friction coefficient of the brake linings, braking pressure, wheel speed, and the like).
Regarding claim 8, Park discloses wherein the control unit (20) is configured to control a rotation speed of the motor to adjust a contraction distance of the cylinder (figs 2, 4 and 5).
Allowable Subject Matter
Claim 9 is 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 1/30/2006 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that the prior art of record lacks wherein the control unit is configured to determine, based on a temperature of the motor or a hydraulic pressure of a master cylinder of the vehicle, an end time of the contraction operation of the cylinder in order to control contraction of the cylinder, and wherein the control unit is configured to delay the end time of the contraction operation when the temperature of the motor is lower than a predetermined temperature or the hydraulic pressure of the master cylinder is higher than a predetermined pressure, because Park discloses compensation for a release time of the electric drum brake according to a temperature of the drum and not the motor, Examiner respectfully disagrees. As set forth above, it has been interpreted electric motor current directly correlates to the temperature of the drum at least in that the target current in based on drum temperature. Park also discloses in at least [0083] wherein the electric drum brake system and the control method thereof can prevent drag of a vehicle by compensating for a release time of the electric drum brake 10 according to a temperature of the electric drum brake 10. It has been interpreted that the motor 13 is within and thermally coupled to the drum 12 (fig 1) and therefore in a shared thermal environment wherein it would be reasonable to expect that the temperature of the drum is effectively representative of the electric motor temperature. Park also discloses an alternative method of detecting temperature using a temperature sensor located within the drum, it has also been interpreted that at least by proximity and thermal coupling, a temperature sensor detecting temperature within the drum would also be effectively representative of the electric motor temperature.
Conclusion
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.
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/J.K.H/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616