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 .
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 11, 15, 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.
Regarding claim 11, the phrase “in the second actuation state of the spindle” renders the claim indefinite. Claim 1 defines first and second actuation states of the spindle drive, not the spindle. It is therefore unclear whether the recited force range applies during the second actuation state of the spindle drive or during a separate state of the spindle itself. For purposes of prior-art examination, claim 11 is interpreted as referring to the second actuation state of the spindle drive.
Regarding claim 15, the claim twice recites that the support arrangement comprises a first support disc having first and second support disc sides. It is unclear whether the repeated language requires one first support disc or two separate first support discs. For purposes of prior-art examination, claim 15 is interpreted as requiring one first support disc and one second support disc.
Claim 16 recites the limitation "the spring" in the last clause of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 16 depends from claim 15, which depends from claim 5, and neither claim 15 nor claim 5 introduces a spring. For purposes of prior-art examination, “the spring” is interpreted as a spring of the clamping device positioned between the first support face and the second support face.
Specification
The disclosure is objected to because of the following informalities:
¶ 0040 identifies the second support face as reference numeral 23 instead of reference numeral 73.
¶ 0041 identifies element 65 as the spindle instead of spindle nut.
¶ 0041 identifies the housing as reference numeral 25 instead of reference numeral 15.
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 (i.e., changing from AIA to pre-AIA ) 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, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Winkler et al. (US 20090283371 A1) in view of Baier-Welt et al. (US 20090101453 A1; hereinafter “Baier”).
Regarding claim 1, Winkler discloses a brake caliper arrangement (combined vehicle brake, see Fig. 1) for a disc brake (brake disk and brake linings received by brake housing 29; see ¶ 0032), comprising:
a brake caliper (brake housing 29) having a carrier structure (disc-spanning reaction portion of 29 that presses the opposite brake lining; see Figs. 1-2) and a housing (cylinder-side portion of brake housing 29) with a cavity (brake cylinder 9 and operating pressure chamber 6),
a brake piston (5) which is mounted axially movably in the cavity (brake piston 5 axially displaceable in brake cylinder 9 along piston longitudinal axis A), and
a spindle drive (transmission 1) having a spindle (screw spindle 2) mounted in the cavity (screw spindle 2 within brake cylinder 9 and brake piston 5; see Fig. 1) so as to be rotatable relative to the housing (screw spindle 2 supported on brake housing 29 by flange 27 and axial bearing 18) and having a spindle nut (3) which is axially drivable via the spindle (rotation of screw spindle 2 drives spindle nut 3 through balls 4) and mounted axially displaceably (spindle nut 3 translated along axis A, see ¶ 0033),
wherein the spindle drive (1) can be actuated such that the spindle drive can be placed in a first actuation state (parking-brake application state) and in a second actuation state (fully released parking-brake state; see Figs. 8, 13 and ¶¶ 0043-44, 0050), wherein the spindle nut (3) in the first actuation state exerts a force on the brake piston (5) in the axial direction (end face of spindle nut 3 contacts brake piston 5 and develops the application force along axis A; see Fig. 12 and ¶ 0049), and wherein the spindle nut (3) in the second actuation state exerts no force on the brake piston (5) in an axial direction (application force reduced to zero and spindle nut 3 drawn out of brake piston 5; see ¶¶ 0044, 0050).
Winkler does not expressly disclose wherein the brake caliper arrangement has a clamping device which exerts a force on the spindle in the axial direction x such that, in the second actuation state of the spindle drive, the spindle is mounted play-free relative to the housing, in the axial direction x.
Baier teaches axially prestressed spindle bearings (bearings 36, 38) that exert opposing axial forces on the spindle (spindle 26), thereby eliminating any axial spindle backlash (see Fig. 1 and ¶ 0019).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to axially prestress Winkler’s first and second axial bearings 18, 28 according to Baier in order to eliminate residual axial spindle backlash and provide zero-backlash actuator movement. Winkler already positions the spindle flange 27 between two axial bearings 18, 28. Applying the known bearing preload would therefore predictably eliminate residual axial play without changing the basic operation of Winkler’s brake.
Regarding claim 2, Winkler as modified further discloses the brake caliper arrangement according to claim 1, wherein the spindle (2) has a first end (piston-side end of screw spindle 2) with a threaded portion (threaded portion of screw spindle 2) via which the spindle nut (3) can be driven (through balls 4), and a second end (drive-side end of screw spindle 2 connected to shaft 17) with a drive portion (shaft 17) which is arranged opposite the first end in the axial direction (opposite ends along axis A; see Fig. 1 and ¶ 0033),
wherein the clamping device (flange 27, axial bearings 18, 28, canister 31, and brake housing 29) is arranged in the region of the second end and/or in the region of the drive portion (bearing assembly surrounding drive-side shaft 17; see Fig. 7 ¶ 0042).
Regarding claim 3, Winkler as modified discloses the brake caliper arrangement according to claim 1, wherein the brake caliper (29) has a channel (disc-and-lining-receiving throat spanned by brake housing 29) in which, when the brake caliper arrangement is arranged on an associated disc brake and an associated vehicle (combined vehicle brake), a brake disc is or can be arranged so as to be rotatable about its rotational axis (vehicle-brake disk received within brake housing 29; see Figs. 1-2 and ¶ 0032), wherein the cavity (9) has an opening (open disk-facing end of brake cylinder 9) towards the channel (disc-and-lining-receiving throat) such that when the brake caliper arrangement is arranged on an associated disc brake and an associated vehicle (combined vehicle brake), the brake piston (5) can displace one or more provided brake pads towards the brake disc in the axial direction (brake piston 5 moves along axis A and presses one brake lining against the disk while brake housing 29 presses the opposite brake lining), wherein the brake piston (5) is formed pot-like (cup-shaped brake piston 5) such that a brake piston interior (interior of brake piston 5) is present between an end wall (closed disk-facing end of brake piston 5) oriented towards the channel (disc-and-lining-receiving throat) and a piston wall (cylindrical wall of brake piston 5) via which the brake piston (5) is guided axially movably in the cavity (9),
wherein the spindle drive (transmission 1, screw spindle 2, and spindle nut 3) is arranged at least partly in the brake piston interior (interior of brake piston 5, see Figs. 1, 12), wherein the end wall (closed end of brake piston 5) in the brake piston interior (interior of brake piston 5) has a stop face (inside end face of brake piston 5; see Fig. 12 and ¶ 0049), wherein the spindle nut (3) has a pressing face (end face of spindle nut 3) which is oriented towards the stop face (inside end face of brake piston 5) and, in the first actuating state of the spindle drive (parking-brake application state), is in contact with the stop face and exerts the force thereon (end-face contact develops the application force; see Fig. 12 and ¶ 0049), wherein the housing (29) has a bottom (closed actuator-side wall of brake housing 29 surrounding stepped bore 30) which delimits the cavity (9) in the region of its lowest point, viewed from the opening (closed end of brake cylinder 9 opposite its disk-facing opening; see Figs. 1, 7), wherein the bottom (actuator-side wall of brake housing 29) has
a bottom inside (cylinder-facing surface adjacent first axial bearing 18) arranged towards the cavity (brake cylinder 9),
a bottom outside (actuator-side exterior surface of brake housing 29) which is part of
a housing outside of the housing (exterior of brake housing 29) and/or part of a mechanical interface region of the housing, and
a passage (stepped bore 30; see Fig. 7 and ¶ 0042),
wherein the first end of the spindle (threaded piston-side end of screw spindle 2) protrudes into the brake piston interior (interior of brake piston 5) and the second end of the spindle (drive-side end connected to shaft 17) protrudes through the passage (stepped bore 30) from the cavity (9) to the bottom outside (shaft 17 projects out of brake housing 29; see Fig. 1 ¶ 0033), wherein the spindle (screw spindle 2) has a bearing portion (flange 27) arranged between the first end (threaded piston-side end of screw spindle 2) and the second end (drive-side shaft 17; see Figs. 1, 7),
wherein a rotation bearing (first axial bearing 18), which permits the rotatability of the spindle (2), is arranged in the cavity between the bottom and the bearing portion (between brake housing 29 and spindle flange 27 within stepped bore 30; see Fig. 7 and ¶ 0042), and wherein in the second actuation state of the spindle drive (fully released parking-brake state), the clamping device (canister 31, spindle flange 27, axial bearings 18, 28, and brake housing 29) preloads the rotation bearing (first axial bearing 18, opposed by second axial bearing 28) play-free in the axial direction (bearings 18, 28 prestressed according to Baier’s bearings 36, 38 to eliminate axial spindle backlash; see Baier Fig. 1 and ¶ 0019).
Regarding claim 11, Winkler as modified discloses the brake caliper arrangement according to claim 1.
However, Winkler does not expressly disclose wherein the clamping device is configured such that in the second actuation state of the spindle, the force lies in a range from 40N to 100N.
Baier teaches that the clamping device (axially prestressed bearings 36, 38) applies a force acting in the axial direction upon the spindle (26) to eliminate axial backlash. Baier further teaches that the bearing exerts “a certain amount of pressure” in the axial direction to obtain this result (see ¶¶ 0005-06 and 0019). Thus, the magnitude of the axial preload force is a recognized result-effective variable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brake caliper arrangement of Winkler by selecting, through routine experimentation, an axial preload force within the range from 40N to 100N, in order to provide sufficient axial pressure to eliminate spindle backlash, thereby predictably maintaining the spindle play-free relative to the housing.
Regarding claim 12, Winkler as modified discloses a disc brake with a brake caliper arrangement according to claim 1, wherein the spindle drive (transmission 1) can be driven electromechanically (electromechanical actuator 7 drives shaft 17 and screw spindle 2 through reduction gears 11, 12; see Figs. 1-2 and ¶¶ 0033, 0035).
Claims 4-9, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Winkler et al. (US 20090283371 A1) in view of Baier-Welt et al. (US 20090101453 A1; hereinafter “Baier”) and further in view of Brozio (US 20110278486 A1).
Regarding claim 4, Winkler as modified discloses the brake caliper arrangement according to claim 3.
Winkler does not expressly disclose wherein the clamping device is arranged in a region of the housing outside and/or in a region of the mechanical interface region of the housing.
Brozio teaches wherein the clamping device (wave spring washer 28) is arranged in a region of the housing outside and/or in a region of the mechanical interface region of the housing (bearing recess 10 in housing extension 22 adjacent adjusting device 18; see ¶¶ 0029, 0034-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the clamping device of Winkler as modified in the outside, drive-side housing and bearing region, as taught by Brozio, in order to position the axial restraint adjacent to the driven-shaft bearing, thereby preventing longitudinal relative movement between the retaining disk, bearing, and housing (see Brozio ¶ 0038).
Regarding claim 5, Winkler as modified discloses the brake caliper arrangement according to claim 3.
Winkler does not expressly disclose wherein the clamping device creates a force flow between a first support face of a support arrangement, which is part of the second end of the spindle or is connected to the second end of the spindle, and a second support face which is axially spaced from the first support face and is provided by the bottom outside.
Brozio teaches wherein the clamping device (axially resilient wave spring washer 28) creates a force flow between a first support face (face of disk 26 contacted by wave spring washer 28) of a support arrangement (disk 26), which is part of the second end of the spindle or is connected to the second end of the spindle (disk 26 retained in annular groove 6b of throttle shaft 6 adjacent adjusting device 18), and a second support face (face end of the stepped bore forming bearing recess 10) which is axially spaced from the first support face and is provided by the bottom outside (recessed outside-side surface of housing extension 22; see Figs. 2-3 and ¶¶ 0035, 0038).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the clamping device of Winkler as modified to transmit axial force between a retaining disk connected to the spindle’s second end and an axially spaced support face of the bottom outside, as taught by Brozio, in order to establish a defined axial preload path adjacent the rotation bearing, thereby restraining the retaining disk and bearing against longitudinal movement relative to the housing.
Regarding claim 6, Winkler as modified discloses the brake caliper arrangement according to claim 5, and further discloses wherein the clamping device has a spring (axially resilient wave spring washer 28) which is axially preloaded between the first support face (face of disk 26 contacted by wave spring washer 28) and the second support face (face end of the stepped bore forming bearing recess 10) (see Fig. 3 and ¶ 0038).
Regarding claim 7, Winkler as modified discloses the brake caliper arrangement according to claim 6, wherein the spring is configured as a disc or ring (wave spring washer 28; see ¶ 0038).
Regarding claim 8, Winkler as modified discloses the brake caliper arrangement according to claim 5, wherein the second support face (face end of the stepped bore forming bearing recess 10) in the bottom outside (outside-side region of housing extension 22) is arranged sunk towards the bottom inside (stepped bore extending inward from the outside into housing extension 22) (see Fig. 3 and ¶¶ 0035, 0038).
Regarding claim 9, Winkler as modified discloses the brake caliper arrangement according to claim 5, wherein the support arrangement comprises a first support disc (disk 26) with a first support disc side (spring-facing axial side of disk 26) and a second support disc side (opposite axial side of disk 26) opposite the first support disc side,
wherein the first support disc side comprises the first support face (surface of disk 26 acted on by wave spring washer 28) and the second support disc side is in active contact with a ring groove (axial flank of annular groove 6b engaged by disk 26 to axially support throttle shaft 6) provided by the second end of the spindle (drive-side end region of throttle shaft 6 adjacent adjusting device 18) (see Fig. 3 and ¶¶ 0014, 0038).
Regarding claim 13, Winkler as modified discloses the brake caliper arrangement according to claim 4, wherein the clamping device (axially resilient wave spring washer 28) creates a force flow between a first support face (spring-facing axial face of disk 26) of a support arrangement (disk 26), which is part of the second end of the spindle or is connected to the second end of the spindle (disk 26 retained in annular groove 6b of throttle shaft 6), and a second support face (face end of the stepped bore forming bearing recess 10) which is axially spaced from the first support face (wave spring washer 28 positioned therebetween) and is provided by the bottom outside (outside-side face of housing extension 22) (see Fig. 3 and ¶¶ 0035, 0038).
Regarding claim 14, Winkler as modified discloses the brake caliper arrangement according to claim 6, wherein the second support face (face end of the stepped bore forming bearing recess 10) in the bottom outside (outside-side region of housing extension 22) is arranged sunk towards the bottom inside (stepped bore extending inward from the outside into housing extension 22) (see Fig. 3 and ¶¶ 0035, 0038).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Winkler et al. (US 20090283371 A1) in view of Baier-Welt et al. (US 20090101453 A1; hereinafter “Baier”) and Brozio (US 20110278486 A1), and further in view of Long et al. (CN 102963212 A).
Regarding claim 10, Winkler as modified discloses the brake caliper arrangement according to claim 6.
Winkler does not expressly disclose wherein a lubricant is applied between the second support face and the spring and/or between the support arrangement and the spring.
Long teaches a brake assembly in which a disc spring (29) is positioned between a static friction plate (20) and a movable friction plate (21), and a lubricant oil (supplied through lubricating oil inlet 14) is forced through the friction-plate group containing the disc spring, thereby lubricating the interfaces between the disc spring and the adjacent friction plates (see pp. 3-4 and Figs. 2 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brake caliper arrangement of Winkler to apply lubricant between the face end of the bearing recess (10) and the wave spring washer (28) and/or between the disk (26) and the wave spring washer (28), consistent with Long’s teaching of supplying lubricant through a brake spring/contact group, in order to reduce frictional wear at those interfaces, thereby extending the service life of the clamping components.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Winkler et al. (US 20090283371 A1) in view of Baier-Welt et al. (US 20090101453 A1; hereinafter “Baier”) and Brozio (US 20110278486 A1), and further in view of Hunnicutt et al. (US 5000294 A).
Regarding claim 15, Winkler as modified discloses the brake caliper arrangement according to claim 5, wherein the support arrangement comprises a first support disc (disk 26) with a first support disc side (side facing wave spring washer 28) and a second support disc side (opposite side of disk 26) opposite the first support disc side (side facing wave spring washer 28) (see Brozio Fig. 3 and ¶ 0038).
Winkler does not expressly disclose wherein the support arrangement comprises a first support disc with a first support disc side and a second support disc side opposite the first support disc side, and a second support disc with a third support disc side and a fourth support disc side opposite the third support disc side, wherein the first support disc and the second support disc are arranged axially successively such that the first support disc side comprises the first support face, the fourth support disc side is in active contact with a ring groove provided by the second end of the spindle, and the second and third support disc sides are in active contact with one another.
Hunnicutt teaches wherein the support arrangement (washer 96 and snap ring 98) comprises a first support disc (washer 96) with a first support disc side (side facing spring washer 94) and a second support disc side (side facing snap ring 98) opposite the first support disc side (side facing spring washer 94), and a second support disc (snap ring 98) with a third support disc side (side facing washer 96) and a fourth support disc side (groove-engaging side of snap ring 98) opposite the third support disc side (side facing washer 96),
wherein the first support disc (washer 96) and the second support disc (snap ring 98) are arranged axially successively (washer 96 and snap ring 98) such that the first support disc side (side of washer 96 facing spring washer 94) comprises the first support face (spring-facing face of washer 96), the fourth support disc side (groove-engaging side of snap ring 98) is in active contact with a ring groove (100) provided by the second end of the spindle (end of shaft 40), and the second and third support disc sides (adjoining sides of washer 96 and snap ring 98) are in active contact with one another (see Fig. 7 and col. 3, lines 65-68, col. 4, lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support arrangement of Winkler to replace Brozio’s single groove-mounted support disc with the axially successive washer and snap ring arrangement taught by Hunnicutt, in order to positively retain the spring washer and support washer on the spindle against axial displacement, thereby predictably maintaining the spring preload and secure axial force-transfer path.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Winkler et al. (US 20090283371 A1) in view of Baier-Welt et al. (US 20090101453 A1; hereinafter “Baier”), Brozio (US 20110278486 A1), and Hunnicutt et al. (US 5000294 A) and further in view of Long et al. (CN 102963212 A).
Regarding claim 16, Winkler as modified discloses the brake caliper arrangement according to claim 15.
Winkler does not expressly disclose wherein a lubricant is applied between the second support face and the spring and/or between the support arrangement and the spring.
Long teaches the lubricant limitation for the same reasons set forth above regarding claim 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support arrangement of Winkler to apply lubricant between the second support face (bearing recess face end 10) and the spring (wave spring washer 28) and/or between the support arrangement (washer 96 and snap ring 98) and the spring (wave spring washer 28) as taught by Long, in order to reduce frictional wear and heat at the spring-contact interfaces, thereby extending component service life and maintaining reliable spring operation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Karem Akram Algarash whose telephone number is (571)272-5789. The examiner can normally be reached Monday - Friday 8am-5pm.
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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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/K.A.A./Patent Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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