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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter of claim 6 (see page 9, line 1, “according to an alternative embodiment not shown in the figures”) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 11 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.
Regarding claim 11, the phrase “ at least one electromechanical brake including: an electromechanical brake” is indefinite because it is unclear whether the “at least one electromechanical brake” is the same element as the subsequently recited “electromechanical brake.”
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.
Claims 1, 2, 10 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (CN 116480707) (machine translation attached).
Regarding independent claim 1, Wang discloses a drive unit for an electromechanical brake (see Abstract, FIG. 5), comprising: an electric motor (1-4, 1-8); a transmission (1-6); and a control unit (1-3, 1-5); wherein the control unit includes a circuit board (1-3) and a housing (1-5), and the transmission includes a housing cover (1-6-1), and wherein the housing of the control unit and the housing cover of the transmission surround the motor and the circuit board (see FIGS. 1, 3), and at least partially form a housing of the drive unit (see FIG. 5).
Regarding claim 2, Wang discloses that the motor includes a rotor (1-8), a motor housing (see FIG. 5, element between stator (1-4) and housing (1-5), a first bearing (1-10), and a second bearing (1-6-2), wherein the rotor is mounted using the first bearing and the second bearing (see FIGS. 5, 8), wherein the first bearing is received in the housing cover and the second bearing is received in the motor housing (see FIGS. 5, 8).
Regarding independent claim 10, Wang discloses an electromechanical brake comprising a drive unit a drive unit for an electromechanical brake (see Abstract, FIG. 5), comprising: an electric motor (1-4, 1-8); a transmission (1-6); and a control unit (1-3, 1-5); wherein the control unit includes a circuit board (1-3) and a housing (1-5), and the transmission includes a housing cover (1-6-1), and wherein the housing of the control unit and the housing cover of the transmission surround the motor and the circuit board (see FIGS. 1, 3), and at least partially form a housing of the drive unit (see FIG. 5).
Regarding independent claim 11, Wang discloses a vehicle brake system comprising an electromechanical brake comprising an electromechanical brake (see Abstract, FIGS. 1-3) comprising a drive unit a drive unit for an electromechanical brake (see Abstract, FIG. 5), comprising: an electric motor (1-4, 1-8); a transmission (1-6); and a control unit (1-3, 1-5); wherein the control unit includes a circuit board (1-3) and a housing (1-5), and the transmission includes a housing cover (1-6-1), and wherein the housing of the control unit and the housing cover of the transmission surround the motor and the circuit board (see FIGS. 1, 3), and at least partially form a housing of the drive unit (see FIG. 5).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 8, 10 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lim (US 2025/0010836).
Regarding independent claim 1, Lim discloses a drive unit for an electromechanical brake (see Abstract, FIGS. 1-3), comprising: an electric motor (130); a transmission (140); and a control unit (120, 170); wherein the control unit includes a circuit board (170) and a housing (120), and the transmission includes a housing cover (110), and wherein the housing of the control unit and the housing cover of the transmission surround the motor and the circuit board (see FIGS. 1, 3), and at least partially form a housing of the drive unit (see FIGS. 1-3).
Regarding claim 8, Lim discloses that a first sealing element (123) is arranged between the housing part and the housing cover (see FIG. 3).
Regarding claim 10, Lim discloses an electromechanical brake (see Abstract, FIGS. 1-3) comprising a drive unit (100), comprising: an electric motor (130); a transmission (140); and a control unit (120, 170); wherein the control unit includes a circuit board (170) and a housing (120), and the transmission includes a housing cover (110), and wherein the housing of the control unit and the housing cover of the transmission surround the motor and the circuit board (see FIGS. 1, 3), and at least partially form a housing of the drive unit (see FIGS. 1-3).
Regarding claim 11, Lim discloses a vehicle brake system (see ¶ 0003), comprising an electromechanical brake (see Abstract, FIGS. 1-3) comprising a drive unit (100), comprising: an electric motor (130); a transmission (140); and a control unit (120, 170); wherein the control unit includes a circuit board (170) and a housing (120), and the transmission includes a housing cover (110), and wherein the housing of the control unit and the housing cover of the transmission surround the motor and the circuit board (see FIGS. 1, 3), and at least partially form a housing of the drive unit (see FIGS. 1-3).
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hirata (US 2026/0009438).
Hirata discloses a drive unit for an electromechanical brake (see Abstract, FIGS. 1, 2), comprising: an electric motor (12); a transmission (32, 33); and a control unit (60, 11a); wherein the control unit includes a circuit board (60) and a housing (11a), and the transmission includes a housing cover (11b), and wherein the housing of the control unit and the housing cover of the transmission surround the motor and the circuit board (see FIGS. 1, 2), and at least partially form a housing of the drive unit (see FIGS. 1, 2).
Regarding claim 9, Hirata discloses that the control unit includes a parking brake control element (50) (see FIG. 1, ¶ 0026), wherein the control element is arranged inside the housing of the control unit (see FIG. 1), and wherein the control element is arranged adjacent to the motor and the housing cover (see FIG. 1).
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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 116480707) (machine translation attached), as applied to claim 1, above and further in view of Otake et al. (US 2023/0211765).
Regarding claim 3, Wang does not disclose that the motor includes a rotation sensor arranged between the motor housing and the housing of the control unit.
Otake teaches a drive unit for an electromechanical brake (see Abstract, FIG. 1), comprising: an electric motor (2); wherein the motor includes a rotation sensor (5) arranged between a motor housing (21) and the housing of the control unit (42) (see FIG. 1).
It would have been obvious to combine the rotation sensor of Otake with the device of Wang to provide a means for detecting the position and/or speed of the motor, thereby providing increased functionality when controlling the motor.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hirata (US 2026/0009438) in view of Yasui et al. (US 2020/0353911).
Regarding claim 4, Hirata discloses that a wall element (70) is arranged between the circuit board and the motor (see FIG. 1).
Hirata does not disclose that the wall element includes feedthroughs for phase lines and/or a ground connection of the motor.
Yasui teaches a drive unit for an electromechanical brake (see Abstract, FIG. 5) comprising a wall element (Wmt) that separates a motor (MTR) from a circuit board (KBN), wherein the wall element includes feedthroughs (PMT) for phase lines and/or a ground connection of the motor (see ¶ 0075).
It would have been obvious to combine the feedthroughs with the device of Hirata to utilize a known means for connecting the circuit board to the motor for controlling the motor.
Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Yasui et al. (US 2020/035391) in view of Sala (US 2017/0023081).
Regarding independent claim 1, Yasui discloses a drive unit for an electromechanical brake (see Abstract, FIGS. 1-5), comprising: an electric motor (MTR); a transmission (GSK); and a control unit (KBN, CAS); wherein the control unit includes a circuit board (KBN) and a housing (CAS), and the transmission includes a housing cover (CMP), and wherein the housing of the control unit and the housing cover of the transmission surround and the circuit board (see FIGS. 1, 3), and at least partially form a housing of the drive unit (see FIGS. 1-3).
Yasui does not disclose that the housing of the control unit and the housing of the cover surround the motor.
Sala teaches an electromechanical brake (see Abstract, FIGS. 1-6) comprising a main housing (5, 40) and a housing cover (41), wherein the main housing and housing cover surround the motor (see FIG. 4).
It would have been obvious to configure the housing of the control unit to surround the motor to securely pack damp the motor within the housing, thereby providing damping (see e.g. Sala, ¶¶ 0120, 0121).
Regarding claim 4, Yasui discloses a wall element (Wmt) is arranged between the circuit board and the motor (see FIG. 5), wherein the wall element includes feedthroughs (PMT) for phase lines and/or a ground connection of the motor (see ¶ 0075).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yasui et al. (US 2020/035391) in view of Sala (US 2017/0023081), and further in view of Schalja (US 2023/0231445).
Regarding claim 5, Sala teaches that the housing of the control unit includes a housing part (5) and a cover part (40). Sala does not disclose a second sealing element is arranged between the housing part and the cover part.
Schalja teaches an electromechanical housing (see Abstract, FIG. 1) comprising a housing part (6) and a cover part (14), wherein a second sealing element (13) is arranged between the housing part and the cover part (see FIG. 1).
It would have been obvious to provide a second sealing element between the housing part and cover part of the Yasui device to prevent water and contaminants from entering the housing.
Regarding claim 7, Yasui discloses that the wall element is configured in one piece with the housing part (see FIG. 5).
Allowable Subject Matter
Claim 6 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, and further if the drawing objections are overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-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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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
June 27, 2026
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