DETAILED CORRESPONDENCE
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/11/2024 has been considered.
Claim Objections
Claims 2, 9 and 20 are objected to because of the following informalities:
Claim 2 and 20 recite, “a differential gear train the evenly divides torque”. It is believed “the” should read “that”.
Claim 9 recites, “the output gear”. It is believed “the” should read “an” for antecedent basis purposes.
Appropriate correction is required.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bach et al. U.S. 2017/0363164) in view of Gutelius (U.S. 2015/0204402).
Regarding claim 1, Bach discloses (figs. 1-2) An apparatus for a brake drum (1) having a drum brake assembly with first and second brake shoes (2,3), comprising:
a motor (see pgh. 0002 and 0004);
first (right side, 12/16/18) and second (left side, 13/17/18) ball ramp assemblies for receiving torque from the input and having ends (left and right outermost ends respectively) aligned with the respective first and second brake shoes; and
the motor being actuatable for lengthening each ball ramp assembly to move the brake shoes and apply braking force to the brake drum (see pgh. 0038 at least).
Bach does not appear to disclose the motor having a pinion gear, a gear train for receiving torque from the pinion gear, and the ball ramp assemblies (ultimately) receiving torque from the pinion gear. It is noted that the first and second body parts 12,13 must receive rotational force in order to convert the rotational force to linear force via the ball ramps at 18 to translate the transmission bodies 16,17 linearly to engage the brake, but the reference does not describe how the first and second body parts ultimately receive rotational force. In the same field of endeavor of drum brakes, Gutelius teaches a drum brake (title at least) having first and second shoes (4), and a motor actuated (via motor 30) braking unit (20), where the motor has a pinion gear (gear 10 attached to 32), a gear train (50) for receiving torque from the pinion gear, and wherein the actuator assembly (40) receives torque from the pinion gear (via the gear train 50) to convert the rotational energy into a linear force to engage the brake. In order to arrive at the claimed invention, the first and second body parts 12,13 of Bach would receive rotational torque from the pinion and gear train of Gutelius.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the pinion gear and gear train of Gutelius within the brake actuator of Bach in order to ensure equal braking force to each shoe (see pgh. 0005 at least).
Regarding claim 2, Bach as modified discloses (figs. 1-2) the gear train comprises one of a planetary and a differential gear train the evenly divides torque from the motor between the first and second ball ramp assemblies (as modified, differential 50)
Regarding claim 3, Bach as modified discloses (figs. 1-2) each ball ramp assembly comprises a nut (e.g. 12,13 respectively) for receiving torque from the pinion gear and a spindle (e.g. 16,17 respectively) threaded with the nut (the spindles are both threaded, and associated “with the nut”), wherein the motor is actuatable for rotating the nuts to translate the spindles and thereby move the brake shoes to apply braking force to or release braking force from the brake drum (as shown and described in Bach).
Regarding claim 13, Bach as modified discloses (figs. 1-2) a guide (10) fixed to the vehicle and receiving the ball ramp assemblies (as shown).
Regarding claim 14, Bach as modified discloses (figs. 1-2) a return spring configured to be connected to both brake shoes for biasing the brake shoes towards one another (see annotated figure).
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Allowable Subject Matter
Claims 15-19 are allowed. Claims 4-12 and 20 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if rewritten to overcome any 112(b) rejections, as appropriate.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The documents listed on the PTO-892 disclose various drum brake actuators.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID MORRIS whose telephone number is (571)270-3595. The examiner can normally be reached Monday thru Friday; 8:30 AM - 5:00 PM.
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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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/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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