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 Objections
Claim 22 is objected to because of the following informalities:
Claim 22 Ln 13, please amend to --[[the]] a main brake cylinder--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(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 13-24 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.
Claim 13 Ln 2-3, 6 and 8 states the limitation "directed toward the primary piston”. It is unclear to what component this phrase is referring. What is directed toward the primary piston, the first side, the recess, the portion, the spring? Perhaps it is a translational error from a foreign language? If it was intended to be the spring, it appears to be not necessary as the spring is already claimed as “introduced or is fastened” thereto. Ln 3-4 further states “a primary spring of a main brake cylinder that is equipped with or cooperates with the primary piston”. It is unclear how the spring is equipped with the primary piston or if this is another translational error. Ln 6-7 further states “a spindle of a transmission device that is equipped with or cooperates with the primary piston. It is unclear how the spindle is equipped with the primary piston or if this is another translational error. Ln 5-6 and 10-11 states “directed away from the first side… a second recess… at least one portion, directed toward the first side, of the second recess”. It appears that the portion of Ln 5-6 describing the second recess conflicts with the portion of Ln 10-11. Furthermore, Ln 10-11 states “the first recess… frames at least one portion… of the second recess”. The use of the term ‘frames’ is objectionable as it would require an interpretation to provide clear record as how the term affects the structure of the claim.
Therefore, the scope of the claim is indeterminate. For examination, claim 13 was interpreted as
--A primary piston for a main brake cylinder or a transmission device, the primary piston having,
on a first side, a first recess into which at least one portionthe main brake cylinder
opposite of the first side,
at least one portionthe transmission device is able to be introduced and/or is fastened, and[[,]]
is able to be introduced and/or [[are]] is fastened;
wherein the first recess, formed on the first side of the primary piston, [[frames]] axially overlaps at least one portion, formed on the second side of the primary piston--.
Claims 17, 19 and 22 also have the issues described above for claim 13, and have similarly been interpreted.
Claims 14-16, 18, 20-21 and 23-24 have been interpreted similarly to claims 13, 17, 19 and 22. For example, Claim 14 Ln 1-4 has been interpreted as --wherein the at least [[the]] one portion of the spindle and the at least [[the]] one portion of the nut is set in a rotational movement about the spindle
Allowable Subject Matter
Claims 13-24 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13, GAUBITZ BERND DIPL ING et al. GB 2279125 A, hereinafter Gaubitz discloses (Fig. 1-2) a primary piston (27/35) for a main brake cylinder (21/17) or a transmission device (19), the primary piston having,
on a first side (depicted left side), a first recess (depicted recess on the left side of (35)) into which at least one portion of a primary spring (71) of the main brake cylinder is able to be introduced or is fastened (as depicted, (71) is introduced into (35)),
on a second side (depicted right side), opposite of the first side, a second recess (depicted recess on right side of (27)) into which
at least one portion of a spindle (37) of the transmission device is able to be introduced and/or is fastened (as depicted (37) is introduced into (27)), and
at least one portion of a nut (39), arranged on the spindle of the transmission device is able to be introduced and/or is fastened (as depicted (39) is introduced into (27)).
Gaubitz fails to explicitly state that the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston. Instead, the recessed portion of (27) that axially overlaps with the second recess is not configured to introduce (71).
Withstanding the formalities/rejections listed previously, Claim 13 contains allowable subject matter. The prior art does not anticipate nor render obvious the combination set forth in the independent claim, and specifically does not show the claimed structural relationship between the first and second recess. Although Gaubitz discloses a first and second recess, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Gaubitz to incorporate the details of the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston, along with the other claimed components of the primary piston. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim.
Claims 14-16 depend from claim 13.
Regarding claim 17, Gaubitz discloses (Fig. 1-2) ) a main brake cylinder for a brake-by-wire braking system comprising:
a primary piston (27/35) for a main brake cylinder (21/17) or a transmission device (19), the primary piston having,
on a first side (depicted left side), a first recess (depicted recess on the left side of (35)) into which at least one portion of a primary spring (71) of the main brake cylinder is able to be introduced or is fastened (as depicted, (71) is introduced into (35)),
on a second side (depicted right side), opposite of the first side, a second recess (depicted recess on right side of (27)) into which
at least one portion of a spindle (37) of the transmission device is able to be introduced and/or is fastened (as depicted (37) is introduced into (27)), and
at least one portion of a nut (39), arranged on the spindle of the transmission device is able to be introduced and/or is fastened (as depicted (39) is introduced into (27)).
the primary spring interacting with the primary piston (as depicted (71) interacts with (21/17));
wherein at least the portion of the primary spring that is directed toward the primary piston is fastened in the first recess of the primary piston (as depicted (71) is fastened/attached to the recess in (35)).
Gaubitz fails to explicitly state that the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston. Instead, the recessed portion of (27) that axially overlaps with the second recess is not configured to introduce (71).
Withstanding the formalities/rejections listed previously, Claim 17 contains allowable subject matter. The prior art does not anticipate nor render obvious the combination set forth in the independent claim, and specifically does not show the claimed structural relationship between the first and second recess. Although Gaubitz discloses a first and second recess, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Gaubitz to incorporate the details of the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston, along with the other claimed components of the primary piston. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim.
Claim 18 depends from claim 17.
Regarding claim 19, Gaubitz discloses (Fig. 2) a transmission device for a brake-by-wire braking system comprising:
a primary piston (27a/35a) for a main brake cylinder (21a/17a) or a transmission device (19a), the primary piston having,
on a first side (depicted left side), a first recess (depicted recess on the left side of (35a)) into which at least one portion of a primary spring (71a) of the main brake cylinder is able to be introduced or is fastened (as depicted, (71a) is introduced into (35a)),
on a second side (depicted right side), opposite of the first side, a second recess (depicted recess on right side of (27a)) into which
at least one portion of a spindle (37a) of the transmission device is able to be introduced and/or is fastened (as depicted (37a) is introduced into (27a)), and
at least one portion of a nut (39a), arranged on the spindle of the transmission device is able to be introduced and/or is fastened (as depicted (39a) is introduced into (27a)).
the spindle and the nut arranged on the spindle, which interact with the primary piston (Pg 10 Ln 24-36);
wherein at least the portion of the spindle that is directed toward the primary piston or at least the portion of the nut that is directed toward the primary piston is fastened in the second recess of the primary piston (Pg 14 Ln 14-36).
Gaubitz fails to explicitly state that the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston. Instead, the recessed portion of (27a) that axially overlaps with the second recess is not configured to introduce (71a).
Withstanding the formalities/rejections listed previously, Claim 19 contains allowable subject matter. The prior art does not anticipate nor render obvious the combination set forth in the independent claim, and specifically does not show the claimed structural relationship between the first and second recess. Although Gaubitz discloses a first and second recess, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Gaubitz to incorporate the details of the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston, along with the other claimed components of the primary piston. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim.
Claims 20-21 depend from claim 19.
Regarding claim 22, Gaubitz discloses (Fig. 1-2) a brake pressure generator for a brake-by-wire braking system, comprising:
a primary piston (27/35) for a main brake cylinder (21/17) or a transmission device (19), the primary piston having,
on a first side (depicted left side), a first recess (depicted recess on the left side of (35)) into which at least one portion of a primary spring (71) of the main brake cylinder is able to be introduced or is fastened (as depicted, (71) is introduced into (35)),
on a second side (depicted right side), opposite of the first side, a second recess (depicted recess on right side of (27)) into which
at least one portion of a spindle (37) of the transmission device is able to be introduced and/or is fastened (as depicted (37) is introduced into (27)), and
at least one portion of a nut (39), arranged on the spindle of the transmission device is able to be introduced and/or is fastened (as depicted (39) is introduced into (27)).
the main brake cylinder cooperating with the primary piston and the primary spring (as depicted (71) interacts with (21/17)), wherein at least the portion of the primary spring that is directed toward the primary piston is fastened in the first recess of the primary piston (as depicted (71) is fastened/attached to the recess in (35)); and
the transmission device cooperating with the primary piston with the spindle and the nut arranged on the spindle, wherein at least the portion of the spindle that is directed toward the primary piston or at least the portion of the nut that is directed toward the primary piston is fastened in the second recess of the primary piston (Fig. 1 depicts the nut fastened in the second recess, Fig. 2 depicts the spindle fastened in the second recess).
Gaubitz fails to explicitly state that the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston. Instead, the recessed portion of (27) that axially overlaps with the second recess is not configured to introduce (71).
Withstanding the formalities/rejections listed previously, Claim 22 contains allowable subject matter. The prior art does not anticipate nor render obvious the combination set forth in the independent claim, and specifically does not show the claimed structural relationship between the first and second recess. Although Gaubitz discloses a first and second recess, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Gaubitz to incorporate the details of the first recess, formed on the first side of the primary piston, axially overlaps at least one portion of the second recess, formed on the second side of the primary piston, along with the other claimed components of the primary piston. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim.
Claims 23-24 depend from claim 22.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Relevant Art
The following is a listing of relevant art:
US 20070164602 A1 and WO 8903783 A1 disclose master cylinders with electronic assist acting the hydraulic system.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW WIBLIN whose telephone number is (571)272-9836. The examiner can normally be reached on Monday-Friday 8:00 am - 4:00 pm.
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/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745
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