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 § 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.
Claim(s) 1, 2, 4, 6, 7 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 57-21068 B2.
Re-claim 1, JP ‘068 discloses a brake device (see figures 5-9) for a vehicle, the brake device comprising: a housing part 19 (see figure 1 and page 2 “The ball-screw mechanism 16, the pressing member 17, and the stroke simulator 18 are arranged coaxially and accommodated in a substantially cylindrical housing 19.”); a gear part 47 (or pulley 49) is rotatably disposed at the housing part and rotates in response to a rotational force received from a motor 14; a motion conversion part 44/45 is housed within the housing part, coupled to the gear part, and converts a rotational motion of the gear part into a rectilinear motion (see comparison between figures 8 and 9); a piston part 7 is coupled to the motion conversion part and is rectilinearly movable; a master cylinder part 2 is coupled to a first side of the housing part, the piston part 7 is inserted into the master cylinder part; and a pedal simulator part 18 is slidably disposed at a second side of the housing part and coupled to the motion conversion part; a first elastic part 29 is disposed within the housing part 19, the motion conversion part comprises: a screw bolt part 44 slidably coupled to the gear part (as shown the gear part 47 is slide over or pressed onto bolt part 44, this is consistent with the instant invention, see paragraphs 42-44) and rotates together with the gear part 47; a nut part 45 (as well as radial extension 52, as this is fixed to the nut and is thus part of the nut and constitutes a “nut part”) is coupled to the screw bolt part and moves along the screw bolt part, the first elastic part 29 elastically supports the nut part (as 29 rests against nut part 52) and directly contacts the nut part (such as 52).
Re-claim 2, a first bearing part 43 disposed within the housing part, the gear part 47 is rotatably coupled to the first bearing part.
Re-claim 4, the piston part 7 is coupled to the nut part and configured to move together with the nut part.
Re-claim 6, the nut part 45 comprises: a nut body part 45/52 spirally coupled to the screw bolt part 44; and an anti-rotation part 53 (as part of 52) is disposed on the nut body part and restricts a rotation of the nut body part.
Re-claim 7, the anti-rotation part comprises: a first seating portion (as part of 52) protruding from the nut body part (see figures 6 and 9), the first elastic part 29 is disposed on the first seating portion; and a protruding portion 53 protruding from the first seating portion and adjoining an inner surface of the housing part (see page 4 paragraph 8: “rotation preventing portion 53 can be moved in the axial direction of the piston 7 by a support portion (not shown) of the housing 19 and is supported so as not to move in the circumferential direction of the piston 7”).
Re-claim 15, JP ‘068 discloses a brake device for a vehicle, the brake device comprising: a housing part 19; a gear part 47 is rotatably housed within the housing part and rotates in response to a rotational force received from a motor 14; a motion conversion part 44/45 is disposed within the housing part, coupled to the gear part, and converts a rotational motion of the gear part into a rectilinear motion; a piston part 7 is coupled to the motion conversion part and is rectilinearly movable; a master cylinder part 2 is coupled to a first side of the housing part, the piston part is inserted into the master cylinder part to generate a hydraulic pressure; a pedal simulator part 18 disposed at a second side of the housing part and coupled to the motion conversion part, wherein the pedal simulator part is configured (1) not to move by a reaction force of the hydraulic pressure when the motor is operated, and (2) to slidably move when the motor is not operated (see figure 9), a first elastic part 29 is disposed within the housing part 19, the motion conversion part comprises: a screw bolt part 44 slidably coupled to the gear part (as shown the gear part 47 is slide over or pressed onto bolt part 44, this is consistent with the instant invention, see paragraphs 42-44) and rotates together with the gear part 47; a nut part 45 (as well as radial extension 52, as this is fixed to the nut and is thus part of the nut and constitutes a “nut part”) is coupled to the screw bolt part and moves along the screw bolt part, the first elastic part 29 elastically supports the nut part (as 29 rests against nut part 52) and directly contacts the nut part (such as 52). Operation of the pedal will compress the pedal simulator. The pedal simulator is not fixedly attached to the nut 45 (and 52) and thus will not compress when only the motor is operated to move the nut 45.
Allowable Subject Matter
Claims 8-14 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 have been fully considered but they are not persuasive. As stated in the above rejection, the Office is interpreting the phrase “nut part” as elements that are part of a nut. In this situation the radially extending part 52 is part of the nut 45, and as such is interpreted as the nut part. It is further noted that since part 52 is fixedly attached to the nut 45, and that as both parts move as one integral unit, the part 52 is properly interpreted as the nut part. As such the rejection is maintained.
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.
Any inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
May 21, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616
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