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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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, 3, 4-6, 8-10, 12-15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE-102008023101 (DE’101).
Re: claims 1, 3, 4, and 6. DE’101 shows in figures 1 and 2 an electromechanical frame brake comprising: a floating frame 16 assembled from a plurality of parts, a brake piston as labeled, which can be moved axially by means of a spindle drive 88 and is seated on a spindle or inner component of element 88 of the spindle drive 88 and is guided in a piston-receiving housing shown at the end of the lead line of 90, wherein the floating frame has
PNG
media_image1.png
532
658
media_image1.png
Greyscale
[AltContent: textbox (Piston)][AltContent: arrow][AltContent: textbox (Lateral strut)][AltContent: arrow][AltContent: textbox (Lateral strut)][AltContent: arrow]
PNG
media_image2.png
510
498
media_image2.png
Greyscale
the piston-receiving housing shown at the end of the lead line of 90, lateral struts, as labeled, and an outer crossmember shown in the area of the end of the lead line of 16 in figure 2, which is connected via the lateral struts and intervening elements, as broadly recited, to the piston-receiving housing as shown and carries an outer brake pad 22, wherein the floating frame is mounted by way of axial linear guides 32, 34, 36, 38 in such a way as to float relative to a brake carrier 12 of the frame brake and to be axially movable relative to the brake carrier,
[AltContent: textbox (Axial extending seal
and
Encircling bellows seal)][AltContent: arrow][AltContent: textbox (Axial spindle bearing)][AltContent: textbox (Socket)][AltContent: arrow][AltContent: arrow]
PNG
media_image3.png
555
667
media_image3.png
Greyscale
and the brake carrier has a socket, as labeled in annotated figure 5, with a guide surface for the piston-receiving housing, which is mounted in an axially movable manner in said socket as shown in figure 5.
Re: claim 5. DE’101 shows in figure 2 wherein the floating frame 16 surrounds the brake carrier 12 in a top view of the frame brake.
Re: claim 8. DE’101 shows in figures 1 and 2 wherein the brake carrier 12 has a window shown in the central portion of element 12 in figure 2 which is open (starting from a central portion) radially towards the outside and through which an inner brake pad 24 can be installed and removed without removing the floating frame 16, and/or a window which is open radially towards the outside and through which the outer brake pad 22 can be installed and removed without removing the floating frame 16 is provided between the brake carrier 12 and the crossmember shown at the end of the lead line of number 16.
Re: claim 9. DE’101 shows in figures 1 and 2 wherein the piston-receiving housing 90 has a base or bottom, on which the spindle within element 88 is supported via intervening elements of the spindle assembly during the actuation of the frame brake as broadly recited.
Re: claim 10. DE’101 shows in figures 1, 2, and 5 wherein an axial spindle bearing, as labeled in figure 5, having a bearing contact surface at either end arranged between the base or bottom of the piston-receiving housing 90 and the spindle within element 88.
Re: claim 12. DE’101 shows in figures 1, 2, and 5 wherein the brake piston, as labeled, shaped as a spindle nut by a formation of a spindle thread shown in the area near the end of the lead arrow 88 in figure 5 on an inner side, as broadly recited.
Re: claim 13. DE’101 shows in figure 5 wherein an axially extending seal, as labeled, is provided radially between the brake piston, as labeled, and the brake carrier 12.
Re: claim 14. DE’101 shows in figure 5 wherein an encircling bellows seal, as labeled in figure 5, is arranged radially on an outside (i.e. particularly on an outside of the brake piston) between the brake carrier 12 and the piston receiving housing 90 as broadly recited.
Re: claim 15. DE’101 shows in figure 5 wherein the brake carrier has a return element 80, as broadly recited, which is configured to return the piston receiving housing 90 to an initial position in a state of the frame brake in which the frame brake is not subject to any force.
Re: claim 17. DE’101 shows in figure 5 wherein the return element 80 has an annular body as shown, wherein the return element is arranged radially on the outside of a housing lateral surface or one of the lateral surfaces of the piston-receiving housing 90 as shown in figure 5.
Claim Rejections - 35 USC § 103
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 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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE’101 in view of DE-102012110791 (DE’791).
DE’101 is silent with regard to the return element comprising an elastomeric material.
DE’791 teaches in the first claim the use of a return element in the form of a motor comprising an elastomeric material in its coupling section.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the return element of DE’101 to have comprised an elastomeric material in its coupling section, in view of the teachings of DE’791, in order to provide a means of damping possible vibrations between the return element and the surrounding brake components during brake actuation.
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 2 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re: claim 2. The phrase “the guide surface is formed concentrically with a lateral guide surface” is indefinite. It is unclear how the cylindrical guide surface can be formed concentrically only with a lateral surface since a lateral surface does not have a center like that of a circle.
Re: claim 7. The phrase “the end face” lacks proper antecedent basis in the claim.
Allowable Subject Matter
Claims 11 and 16 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.
Claims 2 and 7 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patents and patent applications: WO-2019015715, US 9644693, US 20200141456, US 20200109751 teach the use of similar disc brakes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
mmb
September 5, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
Prosecution Insights