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 .
Status of Claims
This is the first Office Action on the merits for application no. 18/808,154 filed on August 19th, 2024. Claims 1-14 are pending.
Priority
Examiner acknowledges the Applicant’s claim to priority of application DE 10 2023 122 193.0 filed on August 18th, 2023. A certified copy was received on March 7th, 2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 19th, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement was considered by the Examiner.
Claim Objections
Regarding Claim 2-14 (line 1), please change the recitation of “An actuator sub-assembly” to - - [[An]] The actuator sub-assembly - - as antecedent basis has already been established in claim 1 (line 1).
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 1-14 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 pre-AIA the applicant regards as the invention.
Regarding Claim 1 (line 9), in the recitation of “a plate-like frame portion” it is unclear how the recitation of “plate-like” is supposed to extend the scope of the expression “plate”. The lack of clarity renders the claim indefinite. Applicant could recite “a plate[[-like]] frame portion” to clarify the recitation and Examiner will interpret the recitation as such during examination. See MPEP 2173.05(b)(III)(E) - Type.
Regarding Claims 1-5, 7 and 10-12, in the recitation of “web-like continuation” it is unclear how the recitation of “web-like” is supposed to extend the scope of the expression “web”. The lack of clarity renders the claim indefinite. Applicant could recite “” to clarify the recitation and Examiner will interpret the recitation as such during examination. See MPEP 2173.05(b)(III)(E) - Type.
Regarding Claim 9, in the recitation of “the gear mechanism unit comprises a planetary gear mechanism” the difference between the “at least one gear stage of the gear mechanism unit” recited in claim 1 (lines 9-10) and the “planetary gear mechanism” recited in claim 9 is unclear. The lack of clarity renders the claim indefinite. Applicant could recite “the at least one gear stage is a planetary gear mechanism” to clarify the recitation and Examiner will interpret the recitation as such during examination. See MPEP 2173.05(o) – Double Inclusion.
Claims 2-14 are rejected based upon their dependency to a rejected base claim.
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 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 1-2, 4-8 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao (CN 104 806 669). See translation provided to Applicant with this Office Action.
Regarding Claim 1, Zhao teaches an actuator sub-assembly (see Fig. 1) for an electromotive vehicle brake (see Fig. 1), comprising:
a brake calliper (5), in which an intermediate space for receiving a brake rotor (12) is provided,
a spindle drive (6, 7) which has a sliding actuation member (6) for applying a brake pad (11) to the brake rotor (12) and an electromotively driven spindle (7) for axially moving the sliding actuation member (6),
an electric motor (2) which is drivingly coupled to the spindle (6, 7) by a gear mechanism unit (at least 3, 18, 17, 16),
a housing (3, 4), in which the gear mechanism unit (at least 3, 18, 17, 16) is accommodated (see Fig. 1), and a plate-like frame portion (4) which has a receiving space for at least one gear stage (18, 17, 16) of the gear mechanism unit (3, 18, 17, 16) and which is also arranged in the housing (3, 4),
wherein starting from the frame portion (4), at least one web-like continuation (portion of 16 fastened to 7) extends in a direction (left axial direction in Fig. 1) towards the brake calliper (5) and is secured to the brake calliper (5; [0023] – “bracket 4 is fixedly connected to the brake caliper body 5 by the locking nut 8”).
Regarding Claim 2, Zhao teaches an actuator sub-assembly according to claim 1, wherein the at least one web-like continuation (Fig. 1, 4) extends at least partially between the housing (3, 4) and the brake calliper (5).
Regarding Claim 4, Zhao teaches an actuator sub-assembly according to claim 1, wherein there is provided in the brake calliper (Fig. 1, 5) a recess (for receiving 4, 6, 7), in which the sliding actuation member (6) is guided in an axially displaceable manner,
wherein the at least one web-like continuation (4) extends into the recess (see Fig. 1).
Regarding Claim 5, Zhao teaches an actuator sub-assembly according to claim 4, wherein there is arranged on a circumferential face (outer circumferential face of 6) of the sliding actuation member (6), a torsion prevention element (“guide key” 9) which, in an event of an axial displacement of the sliding actuation member (6), slides along an inner side of the web-like continuation (4) and is guided on the web-like continuation (4) in a torsion-resistant manner ([0034] – “the ball screw 6 moves linearly under the restriction of the guide key 9, and the guide key 9 moves linearly within the guide keyway”).
Regarding Claim 6, Zhao teaches an actuator sub-assembly according to claim 1, wherein the frame portion (Fig. 1, 4) is supported on the brake calliper (5) in a torsion-resistant manner by a torsion prevention geometry (at least 8) which is arranged on an inner wall (see Fig. 1), which is directed towards the receiving space, of the frame portion (4).
Regarding Claim 7, Zhao teaches an actuator sub-assembly according to claim 1, wherein a planar abutment face (4 and 5 contact in two different locations as seen in Fig. 1), is provided on the brake calliper (5), and there is provided on the web-like continuation (4) a corresponding face which bears on the abutment face (see Fig. 1).
Regarding Claim 8, Zhao teaches an actuator sub-assembly according to claim 1, wherein the frame portion (Fig. 1, 4) has a securing interface (fasteners seen in Fig. 1) for the electric motor (2).
Regarding Claim 14, Zhao teaches an actuator sub-assembly according to claim 7, wherein the planar abutment face (4 and 5 contact in two different locations as seen in Fig. 1) on the brake calliper (5) is a wedge face (see Fig. 1).
Claims 1-4, 11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarz (US 6,230,854).
Regarding Claim 1, Schwarz teaches an actuator sub-assembly (see Fig. 1) for an electromotive vehicle brake (see Fig. 1), comprising:
a brake calliper (“brake caliper” 1), in which an intermediate space for receiving a brake rotor (“brake disc” 3) is provided,
a spindle drive (“roller-and-thread drive” 11, 14) which has a sliding actuation member (“first spherical segment” 42) for applying a brake pad (“friction lining” 4) to the brake rotor (3) and an electromotively driven spindle (“threaded spindle” 14) for axially moving the sliding actuation member (42),
an electric motor (“electric motor” 6) which is drivingly coupled to the spindle (14) by a gear mechanism unit (“planetary gear” 46, 47, 48, 49, 50),
a housing (“housing” 8 and housing portion of “ring” 48), in which the gear mechanism unit (46, 47, 48, 49, 50) is accommodated, and a plate-like frame portion (48) which has a receiving space for at least one gear stage (“plurality of planet wheels” 47) of the gear mechanism unit (46, 47, 48, 49, 50) and which is also arranged in the housing (8, 48),
wherein starting from the frame portion (frame portion of 48), at least one web-like continuation (threaded portion of 48) extends in a direction (left axial direction in Fig. 3) towards the brake calliper (1) and is secured to the brake calliper (1; see Fig. 1).
Regarding Claim 2, Schwarz teaches an actuator sub-assembly according to claim 1,
wherein the at least one web-like continuation (Fig. 1, threaded portion of 48) extends at least partially between the housing (8, 48) and the brake calliper (1; see Fig. 1).
Regarding Claim 3, Schwarz teaches an actuator sub-assembly according to claim 1,
wherein the at least one web-like continuation (Fig. 1, threaded portion of 48) is axially and radially fixed to the brake calliper (1) by a securing arrangement (see Fig. 1) which projects in a radial direction through the housing or through the brake calliper (1; see radial securing arrangement in Fig. 1).
Regarding Claim 4, Schwarz teaches an actuator sub-assembly according to claim 1,
wherein there is provided in the brake calliper (Fig. 1, 1) a recess (for receiving 42 and 48), in which the sliding actuation member (42) is guided in an axially displaceable manner (see Fig. 1),
wherein the at least one web-like continuation (threaded portion of 48) extends into the recess (see Fig. 1).
Regarding Claim 6, Schwarz teaches an actuator sub-assembly according to claim 1,
wherein the frame portion (Fig. 1, frame portion of 48) is supported on the brake calliper (1) in a torsion-resistant manner by a torsion prevention geometry (see Fig. 1) which is arranged on an inner wall (inner wall of 1 and/or 8), which is directed towards the receiving space, of the frame portion (frame portion of 48; see Fig. 1).
Regarding Claim 7, Schwarz teaches an actuator sub-assembly according to claim 1,
wherein a planar abutment face (abutment face of 1 seen in Fig. 1), is provided on the brake calliper (1), and there is provided on the web-like continuation (threaded portion of 48) a corresponding face which bears on the abutment face (see Fig. 1).
Regarding Claim 8, Schwarz teaches an actuator sub-assembly according to claim 1,
wherein the frame portion (frame portion of 48) has a securing interface (frame portion of 48 that cooperates with 8) for the electric motor (6).
Regarding Claim 9, Schwarz teaches an actuator sub-assembly according to claim 1,
wherein the gear mechanism unit (Fig. 1, 46, 47, 48, 49, 50) comprises a planetary gear mechanism (46, 47, 48, 49, 50).
Regarding Claim 10, Schwarz teaches an actuator sub-assembly according to claim 2,
wherein the at least one web-like continuation (Fig. 1, threaded portion of 48) is axially and radially fixed to the brake calliper (1) by a securing arrangement (see Fig. 1) which projects in a radial direction through the housing or through the brake calliper (1; see radial securing arrangement in Fig. 1).
Regarding Claim 11, Schwarz teaches an actuator sub-assembly according to claim 10,
wherein there is provided in the brake calliper (Fig. 1, 1) a recess (for receiving 48 and 42), in which the sliding actuation member (42) is guided in an axially displaceable manner, wherein the at least one web-like continuation (threaded portion of 48) extends into the recess (see Fig. 1).
Regarding Claim 14, Schwarz teaches an actuator sub-assembly according to claim 7,
wherein the planar abutment face (abutment face of 1 seen in Fig. 1) on the brake calliper (1) is a wedge face (see Fig. 1).
Allowable Subject Matter
Claims 12-13 would be allowable if rewritten or amended 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 rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Schmitt (US 6,315,086), Jungbecker (US 6,752,249), Boo (US 12,292,093), Song (US 10,274,033), Olschewski (US 6,554,109) and Kapaan (US 6,367,592) listed in the attached "Notice of References Cited" disclose similar brake actuator sub-assemblies comprising spindle drives and gear mechanism units related to various aspects of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655
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