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 .
Election/Restriction
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/19/2026. In Applicant’s reply filed on 5/13/2026, the Applicant argued that claim 4 is not directed to the elected species and therefore should be withdrawn. The Examiner acknowledges that request and therefore has withdrawn claim 4 per Applicant’s request.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 8, 11, and 14 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Fukano (US2009/0260463).
Fukano discloses:
Re claim 1.
A ball screw drive comprising:
a threaded spindle (58), and
a spindle nut (18) configured to be rotated relative to the threaded spindle (58), and one of the threaded spindle or the spindle nut is a rotatable drive element and a remaining one of the threaded spindle or the spindle nut is an output element configured to move without rotation (See Fig. 2), and
a damping element (78 including 80) fixed (via 76) for conjoint rotation with the one of the threaded spindle (58) or the spindle nut, the damping element (78) configured for relative movement with respect to the remaining one of the threaded spindle or the spindle nut while being maintained in play-free sliding contact with the remaining one of the threaded spindle or the spindle nut or with an element rigidly coupled thereto (Para. [0046], [0048], [0050], [0052]).
Re claim 2.
The ball screw drive according to claim 1, wherein the threaded spindle (58) is the rotatable drive element and the spindle nut (18; para. [0031]) is the output element, and the spindle nut is configured to be axially movable.
Re claim 3.
The ball screw drive according to claim 2, wherein the damping element (78) is mounted to the threaded spindle (58; see Figs. 2, 5) and engages an inner circumferential surface of a piston support (62) rigidly coupled to the spindle nut.
Re claim 8.
The ball screw drive according to claim 1, wherein the damping element (78) is configured as an annular element (see Fig. 6; para. [0046]) arranged concentrically to a central axis of the threaded spindle (58).
Re claim 11.
The ball screw drive according to claim 1, wherein the damping element (78) is an elastic element (The damping element is a solid material. Solid materials have some degree of elasticity. The claim does not specify the degree of elasticity.).
Re claim 14.
The ball screw drive according to claim 3, wherein the damping element (78 including 80) is arranged radially between the threaded spindle (58) and the piston support (62) and the damping element slidably engages (para. [0050]) the inner circumferential surface of the piston support (62) in play-free sliding contact (para [0050], [0052]).
Claim(s) 1, 2, 8, and 11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Namgung (US2006/0060014).
Namgung discloses:
Re claim 1.
A ball screw drive comprising:
a threaded spindle (11), and
a spindle nut (23) configured to be rotated relative to the threaded spindle, and one of the threaded spindle or the spindle nut is a rotatable drive element and a remaining one of the threaded spindle or the spindle nut is an output element configured to move without rotation, and
a damping element (20) fixed for conjoint rotation with the one of the threaded spindle or the spindle nut, the damping element configured for relative movement with respect to the remaining one of the threaded spindle or the spindle nut while being maintained in play-free sliding contact (via 22 of 20) with the remaining one of the threaded spindle or the spindle nut or with an element rigidly coupled thereto (para. [0040], [0035], [0047]).
Re claim 2.
The ball screw drive according to claim 1, wherein the threaded spindle (11) is the rotatable drive element and the spindle nut (23) is the output element, and the spindle nut is configured to be axially movable.
Re claim 8.
The ball screw drive according to claim 1, wherein the damping element (20) is configured as an annular element (para. [0033], [0034] - “hair band shaped damper 20”) arranged concentrically to a central axis of the threaded spindle (11).
Re claim 11.
The ball screw drive according to claim 1, wherein the damping element (20) is an elastic element (para. [0033] - the damping element 20 is elastic enough to damp vibrations and noises.).
Claim Rejections - 35 USC § 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.
Claim(s) 9, 10, 16, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukano (US2009/0260463) in view of Lagace (US5,046,402).
Re claim 9
Fukano discloses all claim dependency limitations, but is silent to an electromechanical actuator of a hydraulic brake system, comprising the ball screw drive according to claim 1.
Lagace teaches an electromechanical actuator of a hydraulic brake system (abstract, C1/L51-54), comprising the ball screw drive according to claim 1, for the purpose of providing a controlled braking (abstract).
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Fukano such that an electromechanical actuator of a hydraulic brake system, comprising the ball screw drive according to claim 1, as taught by Lagace, with a reasonable expectation of success, for the purpose of providing a controlled braking.
Re claim 10
Fukano as modified above further suggests:
a piston fixed to the one of spindle nut or the threaded spindle and the piston is configured to receive a hydraulic fluid pressure (C3/L46-65 in Lagace).
Re claim 16
Fukano discloses a ball screw drive comprising:
a threaded spindle (58), and
a spindle nut (18) configured to be rotated relative to the threaded spindle (58), and one of the threaded spindle or the spindle nut is a rotatable drive element and a remaining one of the threaded spindle or the spindle nut is an output element configured to move without rotation (See Fig. 2), and
an elastic vibration damping element (78 including 80. The damping element is a solid material. Solid materials have some degree of elasticity. The claim does not specify the degree of elasticity.):
i) fixed (via 76) for conjoint rotation with the one of the threaded spindle (58) or the spindle nut, and
ii) configured for relative movement with respect to the remaining one of the threaded spindle or the spindle nut (18) while being maintained in play-free sliding contact with the remaining one of the threaded spindle or the spindle nut or with an element rigidly coupled thereto (Para. [0046], [0048], [0050], [0052]).
Fukano further discloses a piston (48, 62) fixed to one of the threaded spindle or the spindle nut (18), but is silent to the piston being configured to receive a hydraulic fluid pressure.
Lagace teaches the piston (20) being configured to receive a hydraulic fluid pressure (abstract, C1/L51-54), for the purpose of providing a controlled braking (abstract).
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Fukano further such that the piston being configured to receive a hydraulic fluid pressure, as taught by Lagace, with a reasonable expectation of success, for the purpose of providing a controlled braking.
Fukano as modified above further suggests:
Re claim 18.
The ball screw drive of claim 16, wherein the elastic vibration damping element (78) is annularly shaped (See Fig. 6; para. [0046] in Fukano).
Re claim 19.
The ball screw drive of claim 16, wherein the piston (48, 62 in Fukano; 20 in Lagace) and spindle nut (18 in Fukano) move together in an axial direction.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukano (US2009/0260463) in view of Lagace (US5,046,402), and further in view of Namgung (US2006/0060014).
Re claim 17
Fukano as modified above suggests all claim dependency limitations, but is silent to a plurality of balls disposed between the threaded spindle and the spindle nut.
Namgung teaches a plurality of balls (para. [0031]) disposed between the threaded spindle and the spindle nut, for the purpose of providing smoother operation of the nut and threaded spindle (para. [0009]).
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Fukano such that a plurality of balls disposed between the threaded spindle and the spindle nut, as taught by Namgung, with a reasonable expectation of success, for the purpose of providing smoother operation of the nut and threaded spindle.
Claim(s) 9, 10, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Namgung (US2006/0060014) in view of Lagace (US5,046,402).
Re claim 9
Namgung discloses all claim dependency limitations, but is silent to an electromechanical actuator of a hydraulic brake system, comprising the ball screw drive according to claim 1.
Lagace teaches an electromechanical actuator of a hydraulic brake system (abstract, C1/L51-54), comprising the ball screw drive according to claim 1, for the purpose of providing a controlled braking (abstract).
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Namgung such that an electromechanical actuator of a hydraulic brake system, comprising the ball screw drive according to claim 1, as taught by Lagace, with a reasonable expectation of success, for the purpose of providing a controlled braking.
Re claim 10
Namgung as modified above further suggests:
a piston fixed to the one of spindle nut or the threaded spindle and the piston is configured to receive a hydraulic fluid pressure (C3/L46-65 in Lagace).
Re claim 16
Namgung discloses a ball screw drive comprising:
a threaded spindle (11), and
a spindle nut (23) configured to be rotated relative to the threaded spindle, and one of the threaded spindle or the spindle nut is a rotatable drive element and a remaining one of the threaded spindle or the spindle nut is an output element configured to move without rotation, and
an elastic vibration damping (20) element:
i) fixed for conjoint rotation with the one of the threaded spindle or the spindle nut (23), and
ii) configured for relative movement with respect to the remaining one of the threaded spindle (11) or the spindle nut while being maintained in play-free sliding contact with the remaining one of the threaded spindle or the spindle nut or with an element rigidly coupled thereto (para. [0040], [0035], [0047]).
Namgung does not disclose a piston fixed to one of the threaded spindle or the spindle nut, the piston configured to receive a hydraulic fluid pressure.
Lagace teaches a piston (20) fixed to one of the threaded spindle or the spindle nut, the piston configured to receive a hydraulic fluid pressure (abstract, C1/L51-54), for the purpose of providing a controlled braking (abstract).
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Namgung such that a piston fixed to one of the threaded spindle or the spindle nut, the piston configured to receive a hydraulic fluid pressure, as taught by Lagace, with a reasonable expectation of success, for the purpose of providing a controlled braking.
Namgung as modified above further suggests:
Re claim 17.
a plurality of balls (para. [0031] in Namgung) disposed between the threaded spindle and the spindle nut.
Re claim 18.
wherein the elastic vibration damping element (20 in Namgung) is annularly shaped (In Namgung, para. [0033], [0034] - “hair band shaped damper 20”).
Re claim 19.
wherein the piston (20 in Lagace) and spindle nut (23 in Namgung, 36 in Lagace) move together in an axial direction (See Fig. 1 in Lagace).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new grounds of rejection are necessitated by Applicant’s amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY T PRATHER whose telephone number is (571)270-5412. The examiner can normally be reached Monday-Thursday 9 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 571-270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY T PRATHER/
Examiner, Art Unit 3618
/MINNAH L SEOH/Supervisory Patent Examiner, Art Unit 3618
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