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. 18/847,320 filed on September 16th, 2024. Claims 1-10 are pending.
Priority
Examiner acknowledges the Applicant’s claim to priority of application DE 10 2022 106 270.8 filed on March 17th, 2022. A certified copy was received on September 16th, 2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 16th, 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 1 (lines 8-9), please change the recitation of “wherein the movement device comprises at least one piston unit with the aid of which a connecting device” to - - wherein the movement device comprises at least one piston unit with the aid of which [[a]] the connecting device - - as antecedent basis has already been established in claim 1 (line 3).
Regarding Claim 10 (line 3), please change the recitation of “a brake apparatus according to claim 1” to - - [[a]] the brake apparatus according to claim 1 - - as antecedent basis has already been established in claim 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 5 and 7 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 5, in the recitation of “wherein the fluid-conducting unit or the closure unit has a first and a second side, wherein the at least one piston unit of the movement device is arranged on the first side, and wherein the closure unit is arranged on the second side” it is unclear how the closure unit (Fig. 3; 8) is arranged on a second side of itself. The lack of clarity renders the claim indefinite. Applicant could recite “wherein the fluid-conducting unit
Regarding Claim 7 (lines 3-4), in the recitation of “wherein the movement device comprises at least one spring plate per piston unit, which is connected” it is unclear what the movement device (2) or the at least one spring plate (23) is connected to. The lack of clarity renders the claim indefinite.
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, 6 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davis (US 2021/0396286). Davis was cited on the IDS filed September 16th, 2024.
Regarding Claim 1, Davis teaches a brake apparatus (Fig. 7, “brake system” 12) for an electric final drive apparatus comprising:
a movement device (at least “upper body” 62 and “service brake actuator” 200) for moving a connecting device (“rotors” 152 and “stators” 154) of the brake apparatus (12), with the aid of which the brake apparatus (12) is frictionally connectable to a vehicle wheel (Fig. 1, “wheel” 18) or to a transmission device of the electric final drive apparatus (see Fig. 1) to slow down the vehicle wheel (18) or the transmission device ([0032] – “Referring now to the drawings, and to FIGS. 1 and 2 in particular, an off-highway equipment vehicle, such as a mine truck 10 configured as a diesel electric vehicle, includes an exemplary brake system 12 in accordance with the principles of the present invention. While a mine truck 10 is shown, the brake system 12 may be configured for use on any suitable off-highway equipment vehicle or other piece of equipment, such as a continuous track vehicle. The illustrated mine truck 10 includes a frame 14, a shaft 16 such as a front or rear axle or spindle rotatable relative to the frame 14, and at least one wheel 18 mounted to the shaft 16 for rotating therewith. As set forth in greater detail below, various components of the brake system 12 are operatively coupled to the frame 14 and/or to the shaft 16 for providing resistance to rotation of the shaft 16 and wheel 18, and thus to movement of the mine truck 10”),
wherein the movement device (at least 62 and 200) comprises at least one piston unit (200) with the aid of which a connecting device (152, 154) of the brake apparatus (12) can be moved, and
a supply device (Figs. 2 and 7; “cap portion” 26) for supplying the movement device (62, 200) with a pressurizable fluid (via “inlet ports” 140; [0040] – “the cap portion 26 includes a plurality of through bores 148 provided in the plate 110 for receiving the threaded bolts 96 and/or threaded studs 98 which couple the cap portion 26 to the separator plate 24 and/or cage portion 22. When the cap portion 26 is coupled to the separator plate 24, the separator plate 24 bounds the first and second fluid supply pathways 130, 132 in the second surface 114 of the plate 110 to generally retain hydraulic fluid therein. The fluid supply openings 104 in the separator plate 24 allow fluid to travel from the fluid inlet ports 140, 142 to the corresponding chambers 80, 82”), wherein:
the supply device (26) has a fluid-conducting unit (“first towers” 116) which conducts a pressurizable fluid to the at least one piston unit (200) so that the at least one piston unit (200) can be supplied with the pressurizable fluid (see Fig. 7; see [0040]),
wherein the fluid-conducting unit (116) comprises a fluid-conducting channel (“pathway” 130) and an inlet (“inlet ports” 140),
wherein the fluid-conducting channel (130) is formed as a groove (see at least Fig. 7) and connects the inlet (140) with the at least one piston unit (200) in a fluid-communicating manner ([0046] – “First fluid inlets and outlets 204, 206 in fluid communication with the first fluid supply and bleeder pathways 130, 90, respectively, are provided on a side of each first piston 202 opposite the rotors 152 and stators 154, such that pressurization of the first chambers 80 with hydraulic fluid via the first fluid supply pathway 130 causes the first pistons 202 to expand from a retracted position (FIG. 7A) toward the rotors 152 and stators 154 to an expanded position (FIG. 7B)”).
Regarding Claim 2, Davis teaches the brake apparatus according to claim 1,
wherein the fluid-conducting channel (Fig. 7, 130) has a curved or circular ring-shaped course (see at least Fig. 7).
Regarding Claim 6, Davis teaches the brake apparatus according to claim 1,
wherein the at least one piston unit (Fig. 7, 200) has a housing (62) and a piston (“piston” 202) moveable therein,
wherein the housing (62) has a cylindrical cavity (see Fig. 4) within which the piston (202) is moveable (see Figs. 4 and 7),
wherein a pressure chamber (“chambers” 80) is formed between the piston (202) and the housing (62; [0046] – “the service brake actuator 200 includes three first pistons 202 positioned within the three first chambers 80 of the cage portion 22”),
wherein the housing (62) is attached to the supply device (26) or to the fluid-conducting unit (housing portion of 26) thereof, and
wherein the piston (202) comprises a piston element (“thermal barrier discs” 216) for contacting the connecting device (152, 154) of the brake apparatus (12).
Regarding Claim 8, Davis teaches the brake apparatus according to claim 1,
wherein the movement device (Fig. 7, at least 62, 200) comprises a plurality of piston units (see Fig. 3) or at least two piston units (see Fig. 3) which are evenly distributed along a spatial course of the connecting device (152, 154) to move the connecting device (152, 154) evenly and without tilting (see Figs. 3 and 7).
Regarding Claim 9, Davis teaches the brake apparatus according to claim 1,
wherein the connecting device (Fig. 7, 152, 154) comprises a pressure distribution unit (“load distribution plate” 210) which distributes an acting pressure, generated by movement of the at least one piston unit (200), evenly distributed along a spatial course of the pressure distribution unit (210; [0047] – “a load distribution plate 210 is positioned between the first pistons 202 and the pack 150 of rotors 152 and stators 154, such that the operative engagement between the first pistons 202 and the rotor(s) 152 and/or stator(s) 154 is accomplished via the load distribution plate 210. The load distribution plate 210 may be fixed against rotation relative to the frame 14, and may be somewhat similar to a stator 154. In particular, the load distribution plate 210 may include notches 212 along its outer periphery (FIG. 3) for receiving corresponding ridges 172 of the cage portion 22, and a central bore 214 sized to clear the hub 28. In this manner, the load distribution plate 210 may provide generally even compression of the rotors 152 and stators 154 across their respective surface areas for a consistent and reliable braking torque”).
Regarding Claim 10, Davis teaches an electric final drive apparatus ([0003] – “Mine trucks and other large off-highway equipment vehicles are often configured as diesel electric vehicles. Diesel electric vehicles use a diesel engine to generate electricity, which is used to power multiple electric motors to propel the vehicle. The electric motors can also be operated in regenerative mode, where the motor is used to generate electricity. In regenerative mode, the electric motors act as brakes, slowing or retarding the vehicle. The electricity generated by the motors in the braking process can then either be stored in a battery or discarded as waste heat”) for driving one or more vehicle wheels (Fig. 1, 18) of an electric or hybrid vehicle, comprising:
a brake apparatus (Fig. 7, 12) according to claim 1.
Allowable Subject Matter
Claims 3-4 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 5 and 7 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 Sakahara (US 8,272,483), Parsons (US 6,412,612), Schnell (US 7,909,147), Akahane (US 9,062,721), Schoon (US 8,662,277), Erickson (US 2,940,548), Ortmann (WO 2020/007396) and Rocquet (WO 2020/253901) listed in the attached "Notice of References Cited" disclose similar brake apparatus comprising piston 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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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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