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.
Claim 3 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.
Claim 3 recites, “optionally against the axial bearing”. It is not clear if applicant intends for the claim to positively include this limitation. Using language such as “configured to” or similar would require the device to have the ability to perform the function claimed.
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 (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 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thyssenkrupp (WO2019068794).
In reference to claim 1, Thyssenkrupp teaches a brake device (figure 8) for a motor vehicle comprising: a brake member (13) for generating a friction-fit with a rotating component (14); an actuator (32) which can be driven in two directions of movement and moves the brake member relative to the rotating component; an expansion unit (35, 36, 23, 24; Figures 11 and 12)of the actuator, wherein from a neutral position the expansion unit, in the one driving direction of the actuator generates a service brake by driving the actuator in one direction of movement (page 17, last paragraph), and generates a self-locking function of a parking brake by driving the actuator in the other direction of movement (page 20, para 2 and 3). As currently written, this claim reads on a plethora of brake devices. Applicant is encouraged to include the limitations of claim 2 in an independent claim along with what is in claim 1 to ensure allowability.
Allowable Subject Matter
Claims 2, and 4-11 are 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.
Claim 3 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON C KRAMER whose telephone number is (571)272-7118. The examiner can normally be reached Monday- Thursday 7AM-4PM; Friday Mornings.
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DEVON C. KRAMER
Supervisory Patent Examiner
Art Unit 3746
/DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
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