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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 12/9/25 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed subject matter of
i. Claim 21
ii. Claim 24
iii. Claim 25
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
i. Claim 24 lacks antecedent basis (please see 112(b) below)
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 16, 21-25 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 16 recites in part “wherein the sealing face of the anchor nut is formed as a phase on the inner bore of the anchor nut.” This is indefinite. The meaning of “phase” in this context is not understood; as a result the metes and bounds of the claimed invention are indefinite.
Claim 21 recites “wherein the outer portion of the tension anchor protrudes through a bore formed in a flange of a hydraulic device, the tension anchor thereby fastening the hydraulic device to the housing assembly.” This is indefinite. Claim 21 depends from Claim 11. Claim 11 recites “A housing assembly”. The claim language of “a bore formed in a flange of a hydraulic device, the tension anchor thereby fastening the hydraulic device to the housing assembly” appears to be in excess of the “housing assembly”. As a result, the metes and bounds of the claimed invention are indefinite. Examiner notes Claim 19 was withdrawn from consideration to a non-elected group and Claim 21 may be attempting to change the scope of elected Claim 11.
Claim 22 recites “within a further depression, the further depression being formed in the flange and surrounding the bore”. This is indefinite. Claim 22 depends from Claim 11. Claim 11 recites “A housing assembly”. The claim language of “within a further depression, the further depression being formed in the flange and surrounding the bore” appears to be in excess of the “housing assembly”. As a result, the metes and bounds of the claimed invention are indefinite.
Claim 23 recites “thereby securing the flange to the housing part”. This is indefinite. Claim 23 depends from Claim 11. Claim 11 recites “A housing assembly”. The claim language of “thereby securing the flange to the housing part” appears to be in excess of the “housing assembly”. As a result, the metes and bounds of the claimed invention are indefinite.
Claim 24 recites “wherein the outer portion of the tension anchor protrudes through a bore of a flange of a hydraulic pressure generator, the tension anchor thereby fastening the hydraulic pressure generator to the housing assembly.” This is indefinite. Claim 24 depends from Claim 11. Claim 11 recites “A housing assembly”. The claim language of “a bore of a flange of a hydraulic pressure generator, the tension anchor thereby fastening the hydraulic pressure generator to the housing assembly” appears to be in excess of the “housing assembly”. As a result, the metes and bounds of the claimed invention are indefinite. Examiner notes Claim 19 was withdrawn from consideration to a non-elected group and Claim 24 may be attempting to change the scope of elected Claim 11.
Claim limitation “hydraulic pressure generator” (Claim 24) has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the term does not appear in the originally filed application, the term “generator” appears to be a generic term and “pressure” is sometimes functional language. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Claim 25 recites “wherein the outer portion of the tension anchor protrudes through a bore of a flange of a master brake cylinder, the tension anchor thereby fastening the master brake cylinder to the housing assembly.” This is indefinite. Claim 25 depends from Claim 11. Claim 11 recites “A housing assembly”. The claim language of “a bore of a flange of a master brake cylinder, the tension anchor thereby fastening the master brake cylinder to the housing assembly” appears to be in excess of the “housing assembly”. As a result, the metes and bounds of the claimed invention are indefinite. Examiner notes Claim 19 was withdrawn from consideration to a non-elected group and Claim 25 may be attempting to change the scope of elected Claim 11.
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.
Claims 11-12, 14-18, as far as they are definite and understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Faller (US 6651548).
Regarding Claim 11,
A housing assembly for a hydraulic assembly, comprising: a housing part (5) which at least partially encloses an internal volume (ex. 7), the housing part having a through-opening (as example annotated) which extends between an inner face (as example annotated) directed toward the internal volume and an outer face (as example annotated) of the housing part oriented in an opposite direction as the inner face, wherein a region of the inner face surrounding the through-opening forms a depression (as example annotated); a tension anchor (2) which extends with an inner portion (as example annotated) in the internal volume of the housing part and which protrudes through the through-opening, such that an outer portion of the tension anchor (as example annotated) protrudes beyond the outer face of the housing part; an anchor nut (13) which is screwed onto the inner portion of the tension anchor and has a sealing face (with 16); and a sealing element (14) which is arranged in the depression and bears on the inner portion of the tension anchor, on the region of the inner face surrounding the through-opening, and on the sealing face of the anchor nut.
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Regarding Claim12,
The housing assembly according to claim 11, wherein the housing part is deformed in the region surrounding the through-opening in such a way that the depression is formed on the inner face and a corresponding elevation is formed on the outer face.
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Regarding Claim 14,
The housing assembly according to claim 11, wherein the anchor nut includes an inner bore having an internal thread, which is screwed onto an external thread formed on the inner portion of the tension anchor, wherein the sealing face of the anchor nut extends at least partially spaced apart from an end of the external thread directed toward the outer portion of the tension anchor.
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Regarding Claim 15,
The housing assembly according to claim 14, wherein the inner bore protrudes beyond the end of the external thread in a direction of the outer portion of the tension anchor, and the sealing face of the anchor nut is formed on the inner bore of the anchor nut.
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Regarding Claim 16,
The housing assembly according to claim 15, wherein the sealing face of the anchor nut is formed as a phase on the inner bore of the anchor nut (Fig. 2).
Regarding Claim 17,
The housing assembly according to claim 11, wherein the anchor nut is secured against rotation on the tension anchor by a crimp connection (Col. 3, lines 22-Col. 4, line 8).
Regarding Claim 18,
The housing assembly according to claim 11, wherein the sealing element is an annular O-ring (14).
Claim Rejections - 35 USC § 102/103
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 21-25 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Faller or, in the alternative, Claims 21, 23-25 are rejected under 35 U.S.C. 103 as obvious over Faller in view of Nagel et al. (US 10549741).
Examiner note: The metes and bounds of the claimed invention are indefinite. If the claim is only directed to the claimed “housing assembly” then Faller is anticipatory of Claims 21-25. If the claim extends beyond the claim scope of the “housing assembly”, then Faller in view of Nagel renders obvious claims 21, 23-25. To expedite examination and promote compact prosecution both rejections are made below, separately.
Regarding Claim 21,
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore formed in a flange of a hydraulic device, the tension anchor thereby fastening the hydraulic device to the housing assembly (ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Regarding Claim 22,
The housing assembly according to claim 21, wherein an outer face of the housing part forms an elevation that is received within a further depression, the further depression being formed in the flange and surrounding the bore ((ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Regarding Claim 23,
The housing assembly according to claim 21, further comprising a further nut screwed onto an external thread of the outer portion of the tension anchor, thereby securing the flange to the housing part ((ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Regarding Claim 24,
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore of a flange of a hydraulic pressure generator, the tension anchor thereby fastening the hydraulic pressure generator to the housing assembly (ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Regarding Claim 25,
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore of a flange of a master brake cylinder, the tension anchor thereby fastening the master brake cylinder to the housing assembly (ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Alternatively (see examiner note above):
Regarding Claim 21, Faller teaches invention substantially as claimed except for
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore formed in a flange of a hydraulic device, the tension anchor thereby fastening the hydraulic device to the housing assembly.
Faller states the tension anchor is for fastening (ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Nagel teaches
For a housing assembly,
wherein the outer portion of the tension anchor (either 2e or 2f, Fig. 2) protrudes through a bore formed in a flange (7a) of a hydraulic device, the tension anchor thereby fastening the hydraulic device to the housing assembly.
Since both references are directed to housing assemblies, 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 housing assembly of Faller to be fastened to a flange as taught by Nagel in order to provide an appropriate mounting of the housing assembly that would perform with predictable results.
Regarding Claim 23,
The housing assembly according to claim 21, further comprising a further nut (Nagel - 11a or 11b) screwed onto an external thread of the outer portion of the tension anchor, thereby securing the flange to the housing part.
Regarding Claim 24, Faller teaches invention substantially as claimed except for
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore of a flange of a hydraulic pressure generator, the tension anchor thereby fastening the hydraulic pressure generator to the housing assembly.
Faller states the tension anchor is for fastening (ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Nagel teaches
For a housing assembly,
wherein the outer portion of the tension anchor (either 2e or 2f, Fig. 2) protrudes through a bore of a flange (7a) of a hydraulic pressure generator, the tension anchor thereby fastening the hydraulic pressure generator to the housing assembly.
Since both references are directed to housing assemblies, 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 housing assembly of Faller to be fastened to a flange as taught by Nagel in order to provide an appropriate mounting of the housing assembly that would perform with predictable results.
Regarding Claim 25, Faller teaches invention substantially as claimed except for
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore of a flange of a master brake cylinder, the tension anchor thereby fastening the master brake cylinder to the housing assembly.
Faller states the tension anchor is for fastening (ex. abstract, Col. 2, lines 20-31, Col. 3, lines 13-21).
Nagel teaches
For a housing assembly,
The housing assembly according to claim 11, wherein the outer portion of the tension anchor (either 2e or 2f, Fig. 2) protrudes through a bore of a flange (7a) of a master brake cylinder, the tension anchor thereby fastening the master brake cylinder to the housing assembly.
Since both references are directed to housing assemblies, 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 housing assembly of Faller to be fastened to a flange as taught by Nagel in order to provide an appropriate mounting of the housing assembly that would perform with predictable results.
Claim Rejections - 35 USC § 103
Claims 11-12, 14-18, 21-25, as far as they are definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over DE 10359175 (machine translation attached), hereinafter DE175, in view of Faller.
Regarding Claim 11, DE175 teaches
A housing assembly for a hydraulic assembly, comprising: a housing part (with 15, Figs. 1-2) which at least partially encloses an internal volume (example annotation), the housing part having a through-opening (example annotation) which extends between an inner face (interior face of with 15) directed toward the internal volume and an outer face (exterior face of with 15) of the housing part oriented in an opposite direction as the inner face, wherein a region of the inner face surrounding the through-opening forms a depression (example annotation); a tension anchor (19) which extends with an inner portion in the internal volume of the housing part and which protrudes through the through-opening, such that an outer portion of the tension anchor protrudes beyond the outer face of the housing part; a collar (22) which is attached to the inner portion of the tension anchor and has a sealing face (face facing 24); and a sealing element (24) which is arranged in the depression and bears on the inner portion of the tension anchor, on the region of the inner face surrounding the through-opening, and on the sealing face of the collar.
DE175 does not teach
an anchor nut which is screwed onto the inner portion of the tension anchor and has a sealing face
on the sealing face of the anchor nut.
DE175 teaches a collar 22 instead of the claimed anchor nut.
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Faller teaches
For a housing assembly for a hydraulic assembly,
an anchor nut (13, Fig. 2) which is screwed onto the inner portion of the tension anchor (2).
Since both references are directed to housing assemblies, 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 collar and tension anchor of DE175 to be anchor nut as taught by Faller in order to provide additional adjustment of the distance between stops when assembling the brake force booster. Once the modification is made the remainder of the claim language is met.
Regarding Claim 12,
The housing assembly according to claim 11, wherein the housing part is deformed in the region surrounding the through-opening in such a way that the depression is formed on the inner face and a corresponding elevation is formed on the outer face.
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Regarding Claim 14,
The housing assembly according to claim 11, wherein the anchor nut (DE175 - 22 as modified by Faller - 13) includes an inner bore having an internal thread, which is screwed onto an external thread formed on the inner portion of the tension anchor, wherein the sealing face of the anchor nut extends at least partially spaced apart from an end of the external thread directed toward the outer portion of the tension anchor.
Regarding Claim 15,
The housing assembly according to claim 14, wherein the inner bore (the inner bore of DE175 - 22 as modified by Faller - 13) protrudes beyond the end of the external thread in a direction of the outer portion of the tension anchor, and the sealing face of the anchor nut is formed on the inner bore of the anchor nut.
Regarding Claim 16,
The housing assembly according to claim 15, wherein the sealing face of the anchor nut (DE175 - 22 as modified by Faller - 13) is formed as a phase on the inner bore of the anchor nut.
Regarding Claim 17,
The housing assembly according to claim 11, wherein the anchor nut is secured against rotation on the tension anchor by a crimp connection (Faller - Col. 3, lines 22-Col. 4, line 8).
Regarding Claim 18,
The housing assembly according to claim 11, wherein the sealing element is an annular O-ring (24).
Regarding Claim 21,
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore formed in a flange (with 42) of a hydraulic device, the tension anchor thereby fastening the hydraulic device to the housing assembly (Fig. 2).
Regarding Claim 22,
The housing assembly according to claim 21, wherein an outer face of the housing part forms an elevation that is received within a further depression, the further depression being formed in the flange and surrounding the bore.
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Regarding Claim 23,
The housing assembly according to claim 21, further comprising a further nut (example from translation, emphasis examiner’s “On the other side of the pointed wall, a pedal bracket, not shown, is arranged through which the end 20 of the tie rod 19 also intervenes to finally be screwed, for example with a nut, in such a way that the desired fastening of the brake booster master cylinder unit to the vehicle is accomplished.”) screwed onto an external thread of the outer portion of the tension anchor, thereby securing the flange to the housing part.
Regarding Claim 24,
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore of a flange (with 42) of a hydraulic pressure generator, the tension anchor thereby fastening the hydraulic pressure generator to the housing assembly (Fig. 2).
Regarding Claim 25,
The housing assembly according to claim 11, wherein the outer portion of the tension anchor protrudes through a bore of a flange (with 42) of a master brake cylinder, the tension anchor thereby fastening the master brake cylinder to the housing assembly (Fig. 2).
Allowable Subject Matter
Claim 13 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. Those items on the 892 each teach elements of the instant invention related to housing assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL QUANDT whose telephone number is (571)272-1247. The examiner can normally be reached Monday-Thursday 10am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL WIEHE can be reached at (571)272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL QUANDT
Examiner
Art Unit 3745
/MICHAEL QUANDT/Examiner, Art Unit 3745