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 § 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.
Claims 3-5, 9, 12-13 and 16 are 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 3 recites “the projection”. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites “wherein, if multiple guide ribs and/or guide grooves are provided,”. It is unclear if multi ribs or grooves are required by the claim, or the meaning of the claim of multiple ribs or grooves are not provided.
Claim 12 recites “a blocking element” and “one or more guide grooves and/or one or more axially running guide ribs in the cutout”. It is not clear if these correspond to the blocking element and grooves or ribs of parent claim 1, or are additional elements. As claim 12 clearly recites that the assembly comprises “an electromechanical service brake according to claim 1” the claim has been interpreted as positively requiring the limitations of claim 1.
Claim 12 recites “complementary guide ribs or guide grooves on the unlocking tool”. It is not clear if these correspond to the previously recited “at least one axially running guide rib and/or at least one axially running guide groove” or are additional features.
Claim 13 recites “the end stop”. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites “the pawl”. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites “of fork-shaped design”. It is not clear what is encompassed by this recitation.
Claim 13 recites “ the electromagnetic actuator”. There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claim(s) 8 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ina et al (US# 2004/0195058).
Ina et al disclose an unlocking tool capable of manually transferring a blocking element of an electrical parking brake according to claim 1 from the arrested state into the opened state, wherein the unlocking tool 27 is rod-shaped and has an insertion portion (27d) and a holding portion 27a, wherein the insertion portion comprises at least one axially running guide rib (portion of 27d extending radially outward on the left or right side of 27a, figure 6b).
Regarding claim 10, the unlocking tool has a laterally protruding end stop (the other portion of 27d extending radially outward on the left or right side of 27a, figure 6b) that separates the insertion portion 27d from the holding portion 27a, wherein the end stop limits the insertion of the unlocking tool into the electrical parking brake. The end stop limits the insertion of the tool to positions where 27a and 24c are in alignment.
Regarding claim 11, the insertion portion 27d of the unlocking tool tapers into a wedge shape. Figure 6b.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bell et al (US# 2004/0177729).
Bell et al disclose an unlocking tool capable of manually transferring a blocking element of an electrical parking brake according to claim 1 from the arrested state into the opened state, wherein the unlocking tool 400 is rod-shaped and has an insertion portion 406 and a holding portion 402, wherein the insertion portion comprises at least one axially running guide rib 408.
Regarding claim 9, wherein, if multiple guide ribs 408 and/or guide grooves are provided, the guide ribs and/or guide grooves are arranged on the circumference asymmetrically with respect to the longitudinal central axis of the unlocking tool [0020], such that one circumferential orientation of the unlocking tool is ensured.
Regarding claim 10, the unlocking tool has a laterally protruding end stop (base of head 406) that separates the insertion portion 406 from the holding portion 402/404, wherein the end stop is capable of limiting the insertion of the unlocking tool into an electrical parking brake.
Regarding claim 11, the insertion portion 206a/b is fork shaped. Figure 2a.
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.
Claims 1-2, 6-7, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Usui (US# 2005/0217952) in view of Ina et al (US# 2004/0195058).
Usui et al disclose an electromechanical service brake 1 having an integrated electrical parking brake 25, comprising; an electric motor 21 and a control unit 40, wherein the parking brake comprises a blocking element 140 which, in an arrested state of the parking brake, mechanically blocks a transmission 23 of the electromechanical service brake, wherein the electric motor 21 and the transmission 23 are surrounded by a housing 13-14 which has a cutout 120 which allows the blocking element to be manually actuated from the outside, such that the blocking element can, from the outside, be mechanically transferred from the arrested state into an opened state, wherein, in the opened state, the transmission is freely movable Figure 9. Usui et al lack the disclosure of the cutout being a non-circular formation that has at least one axially running guide groove and/or at least one axially running guide rib. Ina et al disclose a similar brake system and further teach a cutout 24a being a non-circular formation that has at least one axially running guide groove 24c to facilitate a flat head screwdriver while supporting the tool in proper alignment. Figures 5 and 6b. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the cutout of Usui et al to have a narrow opening and grooves, such as taught by Ina et al, to provide support and alignment while allowing a common tool such as a flat head screwdriver to manual release the brake.
Regarding claim 2, Ina et al further teaches the cutout conically tapers (through 26) and is surrounded by a sleeve-like projection (at 24a/24b, figure 1) which is formed integrally on the housing and which protrudes outwards. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the conical taper in the form of a breathing pipe and integral sleeve-like projection taught by Ina et al in the device of Usui et al to facilitate breathing of the actuator without allowing contaminants into the device.
Regarding claim 6, an electromagnetic actuator 66/67 is provided for moving the blocking element into the arrested state and the opened state.
Regarding claim 7, the blocking element is a pawl 140, wherein the pawl engages into a toothing 57 of the transmission.
Regarding claim 15, the cover 121 is a mushroom shaped.
Regarding claim 17, the pawl 140 has a pivot bearing end 141a and has a tooth 142 which engages into the toothing 57.
Allowable Subject Matter
Claims 3-5, 12-13 and 16 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.
Claim 14 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 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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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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