DETAILED ACTION
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 26 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 26 recites the limitation "the distance" in line 6. It is unclear to what distance the limitation refers since several distances are previously recited.
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, 5, 6, 8, 10, 12, 16, 17, 19, 22, 23 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 2022/0185255 A1).
Re claim 1, Park discloses a brake apparatus, comprising: a rotating member (12); a friction member (11a, 11b) configured to apply a frictional force to the rotating member during brake engagement; a motor (13) configured to move the friction member; and a controller (20) configured to control the motor, wherein the controller is configured to: determine a reference position (position at “low temperature” between time t0 and t1 in Fig. 4) based on a position of the friction member at a time point at which the friction member is no longer in contact with the rotating member upon brake release following the brake engagement ([0067], [0078] – [0079]), and control movement of the friction member from the reference position to adjust a distance between the friction member and the rotating member based on a temperature of the rotating member upon the brake release (adjusted distance at “high temperature” between t1 and t2). ([0068] – [0073], [0081], Fig. 3-5)
Re claim 5, Park discloses wherein the friction member includes a brake lining (11a, 11b), and the rotating member includes a drum (12).
Re claims 6 and 16, Park discloses wherein the controller (20) is further configured to move the friction member (11a, 11b), away from the rotating member (12), to a predetermined reference distance from the reference position in response to the temperature of the rotating member being less than or equal to a predetermined reference temperature (“low temperature”). (Fig. 4)
Re claims 8 and 17, Park discloses wherein, in response to the temperature of the rotating member (12) being higher than a predetermined reference temperature (“low temperature”), the controller is configured to move the friction member, away from the rotating member, to a predetermined reference distance plus an additional distance from the reference position (between time t1 and t2), the additional distance determined based on the temperature of the rotating member.
Claims 10 and 19 Park discloses wherein the controller is configured to estimate the temperature of the rotating member based on a brake force of the brake apparatus. ([0056])
Re claim 12, Park discloses a method of controlling a brake apparatus including a rotating member (12), a friction member (11a, 11b) configured to apply a frictional force to the rotating member during brake engagement, a motor configured to move the friction member, and a controller (20) configured to control the motor, the method comprising: determining, by the controller, a reference position (position at “low temperature” between time t0 and t1 in Fig. 4) based on a position of the friction member at a time point at which the friction member is no longer in contact with the rotating member upon brake release following the brake engagement; and controlling, by the controller, movement of the friction member from the reference position to adjust a distance between the friction member and the rotating member based on a temperature of the rotating member upon the brake release. ([0068] – [0073], [0081], Fig. 3-5)
Re claim 22, Park discloses wherein the additional distance (adjusted distance at “high temperature” between t1 and t2) is variable depending on the temperature of the rotating member. See claims 4 and 8 which state that “the release time increases as the temperature of the drum increases” therefore the distance would be variable.
Re claim 23, Park discloses wherein the additional distance (adjusted distance at “high temperature” between t1 and t2) is increased as the temperature of the rotating member is increasingly higher than the predetermined reference temperature. See claims 4 and 8 which state that “the release time increases as the temperature of the drum increases” therefore the distance would be variable.
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.
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2022/0185255 A1) in view of Kim (KR 20160091699 A).
Claims 2 and 13, Park does not teach a force sensor configured to detect a clamping force of the friction member. Kim teaches a force sensor (110) configured to detect a clamping force of a friction member. It would have been obvious to one of ordinary skill in the art before the invention was made to use a force sensor in order to apply more accurate control as taught by Kim.
9. Claims 7, 9 and 18, are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2022/0185255 A1).
Re claims 7, 9 and 18 Park does not teach wherein the reference distance ranges from 0.3 mm to 0.8 mm. It would have been obvious to one of ordinary skill in the art before the invention was made to provide reference distances as required to effectively disengage the brake.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2022/0185255 A1) in view of Caron (US 2007/0235268).
Re claim 21, Park does not teach a temperature sensor configured to detect the temperature of the of the rotating member. Caron teaches a temperature sensor (30) configured to detect the temperature of the of a rotating member (12). It would have been obvious to one of ordinary skill in the art before the invention was made to provide a temperature sensor as taught by Park since sensors are well known alternatives for providing temperature data.
Allowable Subject Matter
Claims 3, 4, 11, 14, 15, 20, 24, and 27 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.
Claim 26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
Shi et al., Putz and JP ‘876 teach similar brake apparatuses.
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/MELANIE TORRES WILLIAMS/
Primary Examiner
Art Unit 3616
MTW
September 16, 2026
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