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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/09/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 8 is 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites the broad recitation a technical plastic, and the claim also recites a polyamid, in particulat a fibre reinforce polyamide which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
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, 5, 6, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nazawa et al., WIPO Publication WO 2017141725 A1(hereinafter “Nazawa”).
In Reference to Claim 1:
Nazawa discloses a brake pressure generator (Figure 1-10) comprising a hydraulic block (7) having a brake cylinder bore ( See, Figure 1 or Figure 7), a piston (51P) having a pressure side (50P), which projects into the brake cylinder bore ( See, Figure 7), and having a coupling side (not lapeled but shown in Figure 7) for coupling the piston (51P) to an actuating rod (101), wherein the piston (51P) extends along a piston longitudinal axis (O) between the pressure side (50P) and the coupling side (not labeled but shown in Figure 7), a receiving element (97) having a connecting section (973) and a sliding guide (972), and a guide rod (98) fastened to the hydraulic block (Via 701A) and offset and oriented parallel to the piston (51P), wherein the sliding guide (972) at least partially engages around the guide rod (98) and can slide along the guide rod (98) during an axial movement of the piston (51P), wherein an axial form fit (512) acts between the coupling side (not labeled but see Figure 7 and 9) and the connecting section (973), which at least primarily prevents a release of the receiving element (97) in the axial direction from the piston (51P), and wherein a circular form fit (99) acts between the coupling side (not labeled) and the connecting section (973), which at least primarily prevents a rotation of the receiving element (97) relative to the piston (51P).
In Reference to Claim 3:
Nazawa further discloses wherein the axial form fit is formed by an annular web present on the coupling side (See, Figure 7- containing a lipage web equivalent to Applicants) engaging behind into a corresponding wall recess (973 prongs of the receiving element 97 engaging behind into a corresponding wall recess, in particular into a wall recess present on the receiving element (97), and/or wherein the axial form fit is an annular, non-releasable snap-action closure (See, Figure 7 which shows the prongs snape into the channel 512, in so far as applicants is non releasable so is the prior art).
In Reference to Claim 5:
Nazawa further discloses wherein the receiving element (97) is plugged onto a connecting shoulder (212), situated on the coupling side (See, Figure 7), by means of a connecting bore ( not labeled but shown in Figure 9 as the piston passed through the receiving element bore) situated in the connecting section , and wherein both the axial form fit and the circular form fit are encompassed by the connecting bore (and the connecting shoulder. See, Figure 9 which shows the concept.
In Reference to Claim 6:
Nazawa further discloses wherein the sliding guide (98) is arranged on a tab which projects radially from the connecting section. See, Figure 7-9 which shows the guide is engaged by a projected region have a tab which engages the sliding guide rail.
In Reference to Claim 8:
Nazawa further discloses wherein the receiving element (97) is configured in one piece and is formed from a technical plastic. See, Figure 10. See also Specification, which states. “The magnet holder 97 is a substantially cylindrical member made of synthetic resin”. Examiner takes official notice that synthetic resin is raw material that is used to product plastic products, typically by injection molding or casting.
In Reference to Claim 10:
Nazawa further discloses a piston arrangement for a brake pressure generator comprising a piston (51) and a receiving element (97). See, Figure 7-9.
Allowable Subject Matter
Claim 2-4, 7, and 9 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 2-4 recite geometry of the receiving element not found in the prior art, Examiner does not believe it would be obvious to modify the prior art, specifically the receiving element 97 to said configuration because the prior art already contains an anti rotation means which the claim language in claims 2-4 are designed to prevent rotation of the receiving element on the piston.
Claim 7 recites wherein the receiving element has a collar that extends radially outward from the connection section and is connected to the tab for receiving a compression spring. It would have not have been obvious to modify the prior art of record to include a collar for a spring as the compression spring is already located in an alternative location in the prior art.
Claim 9 recites the limitation “ a permanent magnet, for sensing the travel of the piston (30) is arranged in the piston (30) in such a way that the centre of gravity of the at least one transducer (15) is spaced apart from the piston longitudinal axis (31)”. Examiner notes it would not be obvious to modify the prior art of record with such limitation despite it being well known to place a magnet within a piston due to the nature of the invention which places the magnet on the receiving element (magnet holder) which attaches to the piston and is not placed inside. The modification of relocating the magnet into the piston would destroy the purpose of the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30.
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, Nathaniel Wiehe can be reached at (571) 272-4648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S COLLINS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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