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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on July 12, 2024. It is noted, however, that applicant has not filed a certified copy of the DE 10 2024 206 608.7 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. 101 because
the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) determining a setpoint application force (evaluation); determining a corresponding setpoint position of the actuator for applying the setpoint application force (evaluation); carrying out an initialization function for determining a first offset position as the zero point of the coordinate system for determining the setpoint position of the actuator from the setpoint application force (judgement), when there is an activation condition for carrying out the initialization function; determining a second offset position when a motor torque threshold value is exceeded (evaluation); correcting the setpoint position of the actuator (judgement) by means of a correction value ΔXLS, Korr determined therefrom, wherein the following applies: XAkt, Soll, Korr = XAkt, solil+ΔXLS, Korr (mathematical) ; and activating the actuator (judgement) to reach the setpoint position with the corrected setpoint position of the actuator. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because claimed limitations perform the abstract ideas of evaluation/judgement/mathematical process there is no controller/ecu/computer for determining the values and correcting the setpoint position of the actuator.
Allowable Subject Matter
Claims 13-16 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kumar 2026/0109331 teaches an electromechanical brake system.
Lim 2025/0236277 teaches an electromechanical brake and control system.
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/HAI H HUYNH/ Primary Examiner, Art Unit 3747
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