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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN-109083948 (CN’948).
Re: claims 12-15. CN’948 shows in figures 1 and 3 a brake apparatus for a vehicle, comprising: a brake pad, as labeled, configured to pressurize a brake disc; a screw bar 7 positioned inside a caliper body 9 and rotated by receiving power from a motor part 5; a piston, as labeled and element 1, configured to pressurize the brake pad; and a nut 8 rectilinearly movable by a rotation of the screw bar, positioned inside the piston, and including a plurality of air discharge grooves, as labeled, which are disposed to be spaced apart from each other to discharge air present inside the piston, and an air passage groove, as labeled, which connects the plurality of air discharge grooves to each other as shown. CN’948 shows in figures 1 and 3 wherein the nut 8 further includes: a nut body, as labeled, rectilinearly movable by the rotation of the screw bar; and a nut head, as labeled, connected to the nut body, rectilinearly movable by the rotation of the screw bar, configured to pressurize the piston, and including the plurality of air discharge grooves and the air passage groove as shown. CN’948 shows in figures 1 and 3 wherein the nut head, as labeled, further includes: a pressurizing portion, as labeled, configured to pressurize the piston; and a contact portion, as labeled, connected to the pressurizing portion and disposed to contact an inside of the piston, wherein the plurality of air discharge grooves include a plurality of first air discharge grooves, as labeled, which are formed on the pressurizing portion and spaced apart from each other, wherein the first air discharge grooves and the second air discharge grooves are disposed to be offset from each other as shown in annotated figure 3 of CN’948 shown on pg.5 of the instant office action.
Claim Rejections - 35 USC § 103
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 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) 1, 4, 6, 7, 10, 11, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over CN-109083948 (CN’948) in view of US Patent Application 2022/0389981 to Leiter et al.
Re: claims 1, 4, 6, 7, 10 and 16. CN’948 shows in figures 1 and 3 a brake apparatus for a vehicle, comprising: a brake pad, as labeled, configured to pressurize a brake disc; a screw bar 7 positioned inside a caliper body 9 and rotated by receiving power from a motor part 5; a piston, as labeled and element 1, configured to pressurize the brake pad; and a nut 8 rectilinearly movable by a rotation of the screw bar, positioned inside the piston, and including a plurality of air discharge grooves, as labeled, which are disposed to be spaced apart from each other to discharge air present inside the piston, and an air passage groove, as labeled, which connects the plurality of air discharge grooves to each other as shown.
[AltContent: textbox (Brake pad)]
[AltContent: textbox (Sealing part)][AltContent: arrow][AltContent: textbox (Piston)][AltContent: arrow][AltContent: arrow]
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media_image1.png
425
517
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[AltContent: textbox (Nut body)][AltContent: textbox (2nd air discharge grooves)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (1st air discharge grooves)][AltContent: arrow]
[AltContent: textbox (Offset 1st and 2nd air discharge grooves)][AltContent: connector][AltContent: arrow][AltContent: textbox (Contact portion)][AltContent: arrow][AltContent: textbox (Nut head
(pressurizing portion))][AltContent: arrow][AltContent: textbox (Air passage groove)][AltContent: arrow]
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media_image2.png
158
167
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CN’948 shows in figures 1 and 3 wherein the nut 8 further includes: a nut body, as labeled, rectilinearly movable by the rotation of the screw bar; and a nut head, as labeled, connected to the nut body, rectilinearly movable by the rotation of the screw bar, configured to pressurize the piston, and including the plurality of air discharge grooves and the air passage groove as shown.
CN’948 shows in figures 1 and 3 wherein the nut head, as labeled, further includes: a pressurizing portion, as labeled, configured to pressurize the piston; and a contact portion, as labeled, connected to the pressurizing portion and disposed to contact an inside of the piston, wherein the plurality of air discharge grooves include a plurality of first air discharge grooves, as labeled, which are formed on the pressurizing portion and spaced apart from each other.
CN’948 is silent with regard to the air passage groove being formed to be recessed further inwardly from a pressurizing surface of the pressurizing portion.
Leiter et al. teach in figure 3b the use of air passage groove or groove in which element 9, 13’ is disposed being formed to be recessed further inwardly from a pressurizing surface of the pressurizing portion, as labeled.
[AltContent: textbox (Pressurizing portion)][AltContent: arrow]
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media_image3.png
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358
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the air passage groove of CN’948 to have been recessed further inwardly from a pressurizing surface of the pressurizing portion, in view of the teachings of Leiter et al., in order to provide a means of using less material and reducing component weight which may result in a cost savings.
Re: claim 11. CN’948, as modified, teaches in figure 1 of CN’948 a sealing part, as labeled, installed on the caliper body and disposed to contact the piston.
Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN’948 in view of Leiter et al. as applied above, and further in view of EP-0141069 (EP’069).
CN’948, as modified, is silent with regard to the air discharge grooves being disposed at equal rotation intervals.
EP’069 teaches in claim 3 and in figure 1 the use of a brake including a piston 33 with openings 34-37 being disposed at equal rotation intervals.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the arrangement of the air discharge grooves of CN’948, as modified, to have been disposed at equal rotation intervals, in view of the teachings of EP’948, in order to provide a means for fluid to be vented symmetrically around the piston to prevent uneven pressure and to help ensure the pad presses the brake disc evenly to reduce wear.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN’948 in view of EP-0141069 (EP’069).
CN’948 is silent with regard to the air discharge grooves being disposed at equal rotation intervals.
EP’069 teaches in claim 3 and in figure 1 the use of a brake including a piston 33 with openings 34-37 being disposed at equal rotation intervals.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the arrangement of the air discharge grooves of CN’948 to have been disposed at equal rotation intervals, in view of the teachings of EP’948, in order to provide a means for fluid to be vented symmetrically around the piston to prevent uneven pressure and to help ensure the pad presses the brake disc evenly to reduce wear.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new grounds of rejection do not rely on the combination of references used in the previous Office action. The new limitation recited in new claim 12 has been addressed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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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.
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mmb
September 12, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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