Prosecution Insights
Last updated: August 06, 2026
Application No. 18/982,725

TACHOMETER ASSEMBLY FOR A MOTOR-MOUNTED BRAKE, MOTOR-MOUNTED BRAKE AND DRIVE ASSEMBLY

Non-Final OA §102§103§112
Filed
Dec 16, 2024
Priority
Jun 14, 2022 — DE 20 2022 103 346.3 +1 more
Examiner
CHANG, MINKI
Art Unit
Tech Center
Assignee
Dellner Bubenzer Germany GmbH
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
287 granted / 400 resolved
+11.8% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
46 currently pending
Career history
443
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
25.7%
-14.3% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 400 resolved cases

Office Action

§102 §103 §112
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 Claims 7, 9 and 12 are objected to because of the following informalities: Claim 7, “the drive assembly” lacks antecedent basis. Claim 9, “a motor-mounted brake” was already recited in claim 1. Claim 9, “a housing component” was already recited claim 1. Claim 9, “a tachometer assembly” was already recited claim 1. Claim 12, “a motor-mounted brake” was already recited claim 1. Appropriate correction is required. Claim Rejections - 35 USC § 112 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 9 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 9 does not further limit claim 1, which it depends upon. 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. 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 1-3 and 6-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kusama et al. (JP 2013-229973 A). Regarding claim 1, Kusama discloses a tachometer assembly (6) for a motor-mounted brake (4), the assembly (6) comprising: a stator component (5, 65-67), which, in operation, is adapted to be coupled to a housing component (82, 83) of the motor-mounted brake (4); and a rotor component (61, 68) adapted to be coupled to a drive shaft (20) passing through the motor-mounted brake (4; FIG. 2), wherein the stator component (5, 65-67) comprises a stator body (5, 65) that has a base flange (5) and a connecting flange (65), the base flange (5) having a housing-side centering collar (see annotation below) on an outer circumference (FIG. 2), PNG media_image1.png 318 668 media_image1.png Greyscale wherein the connecting flange (65) adjoins the base flange (5) in an axially offset manner and forms an inner wall on its inner circumference, which together with an outer surface of the base flange (5) forms a receiving space for the rotor component (61, 68; FIG. 2), and wherein the receiving space is closed off from an outside environment by a cover (83) that is adapted to be fixed to the connecting flange (65; FIG. 2, bolt 109). Regarding claim 2/1, Kusama was discussed above in claim 1. Kusama further discloses the rotor component (61, 68) is adapted to be coupled to the drive shaft (20) via a driver (drive shaft 20 acts as a driver) that protrudes from the tachometer assembly (6) through a through-opening (51) that is configured in the base flange (5) and, when the tachometer assembly (6) is arranged on the housing component (82, 83), extends into an interior of the housing component (82, 83) and is adapted to be coupled therein to the motor-mounted brake (4; drive shaft 20 is connected to the brake through connecting member 48). Regarding claim 3/1, Kusama was discussed above in claim 1. Kusama further discloses the cover (66) and the stator component (5, 65-67) are coupled to the housing component (82, 83) by fasteners (106, 108, 109). Regarding claim 6/1, Kusama was discussed above in claim 1. Kusama further discloses the rotor component (61, 68) is adapted to be coupled to the driver (20) via an element (203) protruding into the receiving space (FIG. 2). Regarding claim 7/1, Kusama was discussed above in claim 1. Kusama further discloses the tachometer assembly (6) serves as an electronic monitoring device (encoder) that outputs a signal which corresponds to an operating criterion (angular position or motion of the shaft) of the motor-mounted brake (4) and or the drive assembly (1). Regarding claim 8/1, Kusama was discussed above in claim 1. Kusama further discloses the receiving space is embedded entirely inside the housing component (82, 83; FIG. 2). Regarding claim 9/1, Kusama was discussed above in claim 1. Kusama further discloses a motor-mounted brake (4) comprising a housing component (82, 83) configured to receive a tachometer assembly (6) as claimed in claim 1. Regarding claim 10/9, Kusama was discussed above in claim 10. Kusama further discloses a connecting opening (top opening of brake case 82) corresponding to the centering collar (see annotation above; FIG. 2). Regarding claim 11/9, Kusama was discussed above in claim 10. Kusama further discloses a fastening region (bolt 109) that is countersunk inwardly inside the housing component (82, 83). Regarding claim 12/9, Kusama was discussed above in claim 10. Kusama further discloses a drive assembly (1) comprising: a motor-mounted brake (4) as claimed in claim 9; and a drive unit (2) coupled to the motor-mounted brake (4). 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kusama et al. (JP 2013-229973 A) in view of Xiang et al. (CN 204391959 U). Regarding claim 4/1, Kusama was discussed above in claim 1. Kusama does not disclose a sealing assembly arranged between the stator component and cover closes off the receiving space in a fluid-tight manner, and wherein, between the stator component and housing component, the sealing assembly closes off an interior of the housing component in a fluid-tight manner. Xiang discloses a sealing assembly (encoder sealing cover) arranged between the stator component (8) and cover (10) closes off the receiving space in a fluid-tight manner, and wherein, between the stator component (8) and housing component (5), the sealing assembly (O-shaped ring) closes off an interior of the housing component (5) in a fluid-tight manner (FIG. 1). It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to have modified Kusama in view of Xiang to disclose a sealing assembly arranged between the stator component and cover closes off the receiving space in a fluid-tight manner, and wherein, between the stator component and housing component, the sealing assembly closes off an interior of the housing component in a fluid-tight manner, for the advantages of sealing the motor interior in a simplified method (¶ [0003]). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kusama et al. (JP 2013-229973 A) in view of Nimura et al. (US 2021/0159764 A1). Regarding claim 5/1, Kusama was discussed above in claim 1. Kusama does not disclose the cover is formed of an electrically insulating material. Nimura discloses the cover (3, 4) is formed of an electrically insulating material (¶ [0020] cover 3 is made of resin material). It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to have modified Kusama in view of Nimura to disclose the cover is formed of an electrically insulating material, for the advantages of preventing foreign material from entering the encoder while having electrical insulation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINKI CHANG whose telephone number is (571)270-0521. The examiner can normally be reached 9:00 AM - 5:00 PM. 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, Seye Iwarere can be reached at (571) 270-5112. 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. /MINKI CHANG/Examiner, Art Unit 2834
Read full office action

Prosecution Timeline

Dec 16, 2024
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
82%
With Interview (+10.4%)
2y 8m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 400 resolved cases by this examiner. Grant probability derived from career allowance rate.

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