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) 1-15 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO-2020004071 (WO’071).
Re: claims 1, 2, 8, 9, 17, and 18. WO’071 shows in figure 8 a seal assembly 21 for a brake piston assembly for an electromechanical motor vehicle disc brake, wherein the brake piston assembly comprises a brake caliper housing 4 and a brake piston 11, which can be moved axially in a brake piston receptacle 9E2 of the brake caliper
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housing 4 and has an axial end 11A shown in figure 6 which projects from the brake caliper housing as shown in figure 6 and can apply an actuating force in an axial direction to a brake pad assembly as shown in figure 2 which is present and associated therewith in a mounted state of the brake piston assembly in an electromechanical motor vehicle disc brake, wherein the seal assembly 21 is of rotationally symmetrical configuration with respect to an axis of symmetry as shown in figure 3 and comprises an encircling fixing portion, as labeled, for fixing the seal assembly in the brake caliper housing 4, wherein, to allow axial movement of the brake piston 11 relative to the brake caliper housing 4, the seal assembly 21 comprises a seal portion, as labeled, which can be extended and/or compressed axially, the seal portion further comprising - a fastening 21C, element, which is spaced apart axially from the fixing portion, as labeled, by a first distance, as labeled, and is arranged closer to the axial end 11A of the brake piston 11 than the fixing portion, as labeled, and which can be fastened in an encircling and sealing manner on the brake piston 11, and a first connection portion, as labeled, which is spaced apart axially from the fastening element 21C by a second distance, as labeled, which is smaller than the first distance as shown, or which is not spaced apart axially from the fastening element, and by which the seal portion is connected in an encircling manner to the fixing portion, and wherein the seal assembly 21 has an encircling sealing lip 21D2, which is connected in an encircling manner to the fixing portion by a second connection portion G, which is spaced apart axially from the fastening element 21C by a third distance, as labeled, which is greater than the second distance as shown, and is arranged further away from the axial end 11A of the brake piston 11 than the fastening element as shown, wherein the sealing lip 21D2 extends from the second connection portion G as far as a contact portion, as labeled, which is spaced apart axially from the fastening element 21C by a fourth distance, as labeled, which is smaller than the third distance as shown, wherein, at least in an unmounted state of the seal assembly, the sealing lip 21D2 has a profile which slopes relative to the axis of symmetry as shown, such that the contact portion, as labeled, at a first radial distance from the axis of symmetry, and the second connection portion G is at a second radial distance from the axis of symmetry, which is greater than the first radial distance as shown in figure 8.
Re: claims 3 and 4. WO’071 shows in figure 8 a seal assembly wherein the sealing lip 21D2 is manufactured from an elastically deformable elastomer or rubber as described in the paragraph starting “As shown in Fig. 2, the piston boot 12”, and the first contact force is brought about exclusively on the basis of the deformation of the sealing lip produced in an installed state of the seal assembly 21 in the brake piston assembly.
Re: claims 5 and 15. WO’071 shows in figure 8 wherein the fixing portion has an encircling metal reinforcement 13. See the paragraph starting “As shown in Fig. 2, the piston boot 12”.
Re: claim 6. WO’071 shows in figure 8 wherein the encircling metal reinforcement comprises an encircling metal insert 13 (see the paragraph starting “As shown in Fig. 2, the piston boot 12”) which is angular or S-shaped when considered in profile or particularly angular i.e. 180 degree angle.
Re: claim 7. WO’071 shows in figure 8 a seal assembly 21 wherein the seal portion comprises a bellows shown at 21B, 21B2, which has folds with elongate portions, as labeled, and curved portions, as labeled, connecting in each case two adjacently arranged elongate portions, wherein the elongate portions are aligned substantially parallel to the axis of symmetry as shown.
Re: claims 10 and 19. WO’071 shows in figure 5 wherein the brake piston receptacle is embodied as a bore having a first bore diameter, as labeled, wherein, in the a region where the
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brake piston 11 projects from the brake caliper housing 4 the bore has a bore portion having a second bore diameter, as labeled, which is larger than the first bore diameter, wherein the fixing portion, as labeled, has a clamping portion having a first outside diameter, as labeled, wherein sizes of the second bore diameter and the first outside diameter are in a corresponding ratio to one another in such a way as shown as best understood.
Re: claim 11. WO’071 shows in figure 5 the limitation wherein the bore wall of the bore portion which forms the second bore diameter, as labeled, is provided with retaining grooves 9E1, 9E2 and/or retaining bosses which press into the lateral surface of the clamping portion which forms the first outside diameter.
Re: claim 12. WO’071 shows in figure 8 the limitation wherein the fixing portion, as labeled, has an abutment flange 21A2 which projects radially outwards and which rests by an abutment side oriented towards the clamping portion against the brake caliper housing 4.
Re: claim 13. WO’071 shows in figure 2 a brake pad assembly, having a seal assembly according to claim 1 and having a brake piston assembly wherein the brake piston assembly comprises a brake caliper housing 4 and a brake piston 11, which can be moved axially in a brake piston receptacle shown surrounding the brake piston 11 of the brake caliper housing 4 and has an axial end 11A which projects from the brake caliper housing 4 and can apply an actuating force in an axial direction to the brake pad assembly 8.
Re: claim 14. WO’071 shows in figure 7 wherein the fixing portion, as labeled, is fastened in an encircling and sealing manner in an annular groove 9G encompassed by the brake piston 11 as best understood.
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) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO’071 in view of US Patent Application 2020/0191216 to Takeuchi.
WO’071 shows in figure 8 wherein the seal portion comprises a bellows in the area of 21B which has folds with elongate portions, as labeled, and curved portions, as labeled, connecting in each case two adjacently arranged elongate portions, but is silent with regards to the longitudinal portions being aligned substantially transversely to the axis of symmetry.
Takeuchi teaches in figure 2 the use of a bellows which has folds with elongate portions and curved portions A1, A2 connecting in each case two adjacently arranged elongate portions on either side of A1 or A2 wherein the longitudinal portions are aligned substantially transversely to the axis of symmetry shown at the bottom of L1 or L2.
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 longitudinal portions of the elongate portions of WO’071 to have been aligned substantially transversely to the axis of symmetry, in view of the teachings of Takeuchi, in order to provide a means of facilitating axial compression and extension.
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 fixing portion being encompassed by the brake piston as recited in claim 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. As best understood, it appears from the figures that it is the brake piston that is encompassed by the fixing portion. See figure 2, for example.
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.
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 9-14 and 19 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: claims 9 and 13. The phrases “a brake caliper housing” and “a brake piston” are indefinite. It is unclear whether the brake caliper housing and brake piston of claim 9 are intended to be the same or different from the earlier recited brake caliper and brake piston of claim 1. A similar issue exists in claim 13.
Re: claim 10. The phrase “in such a way” is indefinite. It is unclear as to which way Applicant intends to refer to.
Re: claim 11. It is unclear whether the limitations after the “and/or” refer to only the retaining bosses. As best understood, Examiner interpreted the and/or as an “or” and interpreted the limitations after the and/or as referring to the retaining bosses.
Re: claim 14. The phrase “the fixing portion…in an annular groove encompassed by the brake piston” is indefinite. As best understood, it appears from the figures that it is the brake piston that is encompassed by the fixing portion. See figure 2, for example.
The remaining claims are indefinite due to their dependency from claim 9.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 does not further limit the limitation set forth in claim 17 because claims 17 and 18 recite the same limitation. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. FR-3059745, KR-20130120549, KR-201200106050, KR-20100108012, US 2010/0096222 to Kang, and US 4527672 to Schreiner et al. teach the use of similar seal assemblies in the environment of a disc brake.
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.
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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.
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mmb
October 10, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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