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 .
DETAILED ACTION
Claims 20-38 are currently pending in this application.
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.
Claim(s) 38 is/are rejected under 35 U.S.C. 102a1 as being anticipated by KIM (KR 20170008094).
Regarding Claim 38, KIM teaches A control method of a braking system, the control method comprising: providing a braking system for a vehicle comprising: at least one disc brake comprising a brake disc (160) having a disc brake caliper arranged to straddle the brake disc (160), and at least one pair of pads (150) opposite each other and acting on said brake disc from opposite sides along an axial direction of actuation parallel to an axis of rotation of the brake disc, at least one electric actuator [0021], operatively connected to a piston acting as a pusher on at least one of said pads along said axial direction of actuation, and a processing and control unit (100), operatively connected to said electric actuator, and programmed to move said piston and respective pad, along the axial direction of actuation, in a forward position so as to press the pad in contact with the brake disc during a braking demand, and bring the piston and the respective pad into a rest or rearward position, in which a gap is identified between the pad and the brake disc, wherein the processing and control unit is programmed to implement an algorithm that, in absence of the braking demand, operates the electric actuator varying said gap as a function of at least one dynamic parameter of the vehicle that defines a prediction of a demand for braking action, so as to increase the gap when a braking action is not deemed probable, and to reduce the gap when the braking action is deemed probable [0031-[0035]. When the driver is stepping on the accelerator pedal, it is likely the braking of the vehicle is not required and the air gap between the pad and disk is increased to reduce drag. When the accelerator pedal is released, the air gap is decreased to its initial value.
Allowable Subject Matter
Claims 20-37 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.
A close prior art, YOKOYAMA (WO 2020066645A1), teaches A braking system for a vehicle, comprising: at least one disc brake comprising a brake disc having a disc brake caliper arranged to straddle the brake disc, and at least one pair of pads opposite each other and acting on said brake disc from opposite sides along an axial direction of actuation, parallel to an axis of rotation of the brake disc, at least one electric actuator, operatively connected to a piston acting as a pusher on at least one of said pads along said axial direction of actuation, and a processing and control unit, operatively connected to said electric actuator, and programmed to move said piston and respective pad, along the axial direction of actuation, in a forward position so as to press the pad in contact with the brake disc during a braking demand, and bring the piston and the respective pad into a rest or rearward position, in which a gap is identified between the pad and the brake disc, but does not teach wherein the processing and control unit is programmed to implement an algorithm that, in absence of the braking demand, operates the electric actuator varying said gap as a function of at least one dynamic parameter of the vehicle that defines a prediction of a demand for braking action, so as to increase the gap when the demand for braking action is imminent, and to reduce the gap when the demand for braking action is not imminent in Claim 20.
Response to Arguments
Applicant's arguments filed 4/22/2026 have been fully considered but they are not persuasive.
Applicant argues that Claim 38 requires an algorithm that operates the electric actuator varying said gap as a function of at least one dynamic parameter of the vehicle that defines a prediction of a demand for braking action (Remarks pg. 8 para. 2). The normal definition of algorithm includes a procedure for accomplishing an end. In KIM, the end of reducing brake drag while generally not impacting braking engagement time is accomplished through increasing the air gap when the driver is stepping on the accelerator pedal and reducing the air gap when the accelerator pedal is released.
Applicant argues that the present disclosure is not linked to a specific action of the user (Remarks pg. 8 para 4). Claim 38 does not exclude the specific actions of the user. In addition, KIM discloses an air gap dependent on the distance between the vehicle and a vehicle in front of it.
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 inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY Y LIU whose telephone number is (571)270-7018. The examiner can normally be reached 9-5:30 ET.
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HENRY Y. LIU
Examiner
Art Unit 3654
/HENRY Y LIU/ Primary Examiner, Art Unit 3654
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