DETAILED ACTION
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) 1-6,8-14 is/are rejected under 35 U.S.C. 102A1 as being anticipated by Chelaidite et al. 2023/0150467.
Regarding claim 1 Chelaidite shows one of applicant’s prior brake devices (with which they are well familiar) including:
An actuator assembly of an electromechanical vehicle brake, comprising a housing 16,18, a load-carrying housing part 22 and a cover part 12, wherein an electric motor mount for mounting an electric motor 28, a transmission receptacle in which a transmission assembly 44,46,84 is at least partially arranged on the load- carrying housing part 22, and wherein a fastening structure (not labeled but note the fasteners in 22 -- one of which is in the area of lead line 46) for connection to a brake housing 16,18 are formed on the load-carrying housing part 22, and wherein the cover part 12 consists of a plastic and/or the load-carrying housing part consists of a metal (see para 0049).
Regarding claim 2 Chelaidite shows an electronics receiving compartment (as broadly claimed) is formed in the cover part 12, in which electronic components are arranged. Note the cover part at 12 shown in figure 1 appears shaped such that it would have a ‘compartment’ capable of receiving the PCB 138 (or other electronic components).
Regarding claim 3 Chelaidite shows the mounting fastening structure comprises a plurality of mounting fastening eyelets that are integrally formed with the load-carrying housing part 22.
Regarding claim 4, as broadly claimed, Chelaidite shows the mounting fastening structure comprises a plurality of mounting fastening eyelets that are integrally formed with the load-carrying housing part 22, and wherein the mounting fastening eyelets are disposed outside “an opening” (as broadly claimed) of the housing 16,18 and protrude radially opposite an edge of the opening, wherein a “drive component” (see fig 3 in the area of parts 60,84) of a ball screw drive, can project from the brake housing through the opening into the transmission assembly.
Regarding claim 5, as broadly claimed, Chelaidite shows the cover part 12 includes a ‘partition wall’ that seals the electronics receiving compartment from the electric motor mount and the transmission receptacle (as per applicant’s). See figs 9,10.
Regarding claim 6, as broadly claimed, Chelaidite shows the load-carrying housing part 22 includes a first circumferential wall, and the cover part 12 includes a second circumferential wall from which the partition wall extends.
Regarding claim 8 note the cap at 20 in fig 1.
Regarding claims 9 and 10 as broadly claimed, these limitations are inherently met since both of these parts include 'cooperating connecting structures'.
Regarding claim 11 since both the load carrying housing part 22 and the cover part 12 are identified as separate structures then they are capable/likely fabricated separately.
Regarding claim 12 these limitations are capable of being met as indicated in paras 0157,0162. Regarding claim 13 see figures 2-4 and note that the actuator assembly is arranged as per applicant's.
Regarding claim 14 see figures 3 and 4 and note the motor 28 shows a 'protruding drive pinion' of some type. Although not applied see Gerber 2025/0237302 motor 20 and elements 22,24 or Knop 2025/0353482 motor 28 and elements 40,58 both of which appear to be the same motor device as that in Chelaidite applied above.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chelaidite in view of KO U.S. 2024/0384790.
Regarding claim 7 Chelaidite lacks specifically disclosing a seal arrangement disposed between the first and second walls.
However it would have been obvious to have provided a seal arrangement in the claimed location in Chelaidite simply to prevent the ingress of moisture and/or dust.
The reference to KO is relied upon to teach this known idea at 112.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rob 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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/CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616
10/13/26
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