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.
Claims 1, 9, 11, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hilzinger (US 6,938,735).
In Re claim 1, Hilzinger discloses an actuator assembly and electromechanical brake (10), comprising: a brake caliper (11); a brake rotor (13); a ball screw drive (16, 24); a spindle (27, 28); and an actuating slide (spindle nut 15), wherein the spindle has a shaft (27) and a separate output sleeve (28) arranged in a toothed and torque-transmitting engagement (see splined and stepped journal 33), and wherein a threaded raceway (24) is formed on the external peripheral surface of the output sleeve, and an opposing raceway (see 34) for balls (not labeled) is formed on the internal peripheral surface of the actuating slide.
In Re claims 9 and 19, see housing (14).
In Re claim 11, Hilzinger discloses an actuator assembly and electromechanical brake (10), comprising: a brake caliper (11); a brake rotor (13); a ball screw drive (16, 24) having an axially movable actuating slide (spindle nut 15) and a rotatable spindle (27, 28), wherein the spindle has a shaft (27) and a separate output sleeve (28) arranged in a toothed and torque-transmitting engagement (see splined and stepped journal 33), wherein a threaded raceway (24) is formed on the external peripheral surface of the output sleeve, and an opposing raceway (see 34) for balls (not labeled) is formed on the internal peripheral surface of the actuating slide, and wherein an electric motor (18) is coupled via a gear unit (17) to the spindle shaft.
Allowable Subject Matter
Claims 2-8 and 12-18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616