Patent Application 18188956 - ELECTRICALLY OPERATED BRAKING ASSEMBLY FOR A - Rejection

Patent Application 18188956 - ELECTRICALLY OPERATED BRAKING ASSEMBLY FOR A

Title: ELECTRICALLY OPERATED BRAKING ASSEMBLY FOR A BRAKING SYSTEM OF A MOTOR VEHICLE

Application Information

• Invention Title: ELECTRICALLY OPERATED BRAKING ASSEMBLY FOR A BRAKING SYSTEM OF A MOTOR VEHICLE
• Application Number: 18188956
• Submission Date: 2025-05-16T00:00:00.000Z
• Effective Filing Date: 2023-03-23T00:00:00.000Z
• Filing Date: 2023-03-23T00:00:00.000Z
• National Class: 318
• National Sub-Class: 362000
• Examiner Employee Number: 84694
• Art Unit: 2846
• Tech Center: 2800

Rejection Summary

• 102 Rejections: 0
• 103 Rejections: 1

Cited Patents

No patents were cited in this rejection.

Office Action Text

    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 2-20 objected to because of the following informalities:
For claims 2, 3 and 11, limitation “Claim 1”, on line 2, should be changed to –claim 1--.
For claims 4, 7, and 10, limitation “Claim 3”, on line 2, should be changed to –claim 3--.
For claim 5, limitation “Claim 4”, on line 2, should be changed to –claim 4--.
For claim 6, limitation “Claim 5”, on line 2, should be changed to –claim 5--.
For claim 8, limitation “Claim 7”, on line 2, should be changed to –claim 7--.
For claim 9, limitation “Claim 8”, on line 2, should be changed to –claim 8--.
For claim 12, limitation “Claim 2”, on line 1, should be changed to –claim 2--.
For claims 13, 16 19 and 20, limitation “Claim 12”, on line 1, should be changed to –claim 12--.
For claim 14, limitation “Claim 13”, on line 1, should be changed to –claim 13--.
For claim 15, limitation “Claim 14”, on line 1, should be changed to –claim 14--.
For claim 17, limitation “Claim 16”, on line 1, should be changed to –claim 16--.
For claim 18, limitation “Claim 17”, on line 1, should be changed to –claim 17--.
Appropriate correction is required.
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 1-20 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.
Claim 1 is indefinite because the recitation such as “wherein the brake force generator has a brake force generator housing, to which a control housing, in which the control unit is accommodated, is attached directly adjacently to a side of the brake force generator housing, and wherein the brake force generator has an electric motor with a stator and the stator is received, together with stator windings, in the control housing”, on lines 5-8, is unclear. For example, the control housing is attached directly adjacently to a side of the brake force generator housing that have an electric motor with a stator. However, limitation “wherein the brake force generator has an electric motor with a stator and the stator is received, together with stator windings, in the control housing”, on line 7-8, indicates “the stator is received, together with stator windings, in the control housing”. Therefore, it is not clear because it cannot be determined what is claimed here. Correction and/or clarification is required.
	For claim 2, the recitation “the stator is held only in the control housing”, on line 2, is indefinite. It is unclear because the stator is located in both the brake force generator housing and the control housing. Therefore, it is not clear where the stator is located.
Claims 2-20 are rejected due to their dependencies on the independent claim 1.
Claims 13-20 are rejected due to their dependencies on the base claim 2.
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.

Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (JP 2010-234932 A).
For claim 1, Saito discloses an electrically operated braking assembly for a braking system of a motor vehicle (Figs. 1 and 6 od Saito disclose an electrically operated braking assembly for a braking system 10 of a motor vehicle – see Saito, Figs. 1 and 6, paragraphs [0001], [0012] and [0018]), comprising a brake force generator and a control unit which controls the brake force generator (Figs. 1-2 and 6 of Saito disclose a brake force generator 30 and a control unit 100, 200 which controls the brake force generator 30 – see Saito, Figs. 1-2 and 6, paragraphs [0013] and [0021]), wherein the brake force generator has a brake force generator housing, to which a control housing, in which the control unit is accommodated, is attached directly adjacently to a side of the brake force generator housing (Figs. 1 and 6 of Saito disclose the brake force generator 30 which has a brake force generator housing 14, to which a control housing 13, in which the control unit 100, 200 is accommodated, is attached directly adjacently to a side of the brake force generator housing 14 – see Saito, Figs. 1, 3 and 6, paragraphs [0012] and [0037]), and wherein the brake force generator has an electric motor with a stator and the stator is received, together with stator windings, in the control housing (Figs. 1 and 6 of Saito discloses the brake force generator 30 which has an electric motor 30 with a stator 31 and the stator is received, together with stator windings 32, in the control housing 13 – see Saito, Figs. 1 and 6, paragraphs [0017] and [0027]-0028]. It is noted that Fig. 1 of Saito disclose a portion 100 of control unit 100, 200 which is located in housing 14. However, Fig. 6 of Saito discloses the control unit 100, 200 which is located in housing 13. It would have been an obvious matter of design choice to disposed the portion 100 of control unit 100,200 in housing 13, since it has been held that rearranging parts of an invention involves only routine skill in the art.  In re Japikse, 86 USPQ 70. Furthermore, rearrangement of parts of control unit is performed for purpose of reducing material costs and improving noise resistance).

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For claim 2, Saito discloses the electrically operated braking assembly according to Claim 1, wherein the stator is held only in the control housing (Figs. 1 and 6 of Saito, as illustrated above, discloses the stator 31 is held only in the control housing 13 – see Saito, illustrated Fig. 6. It is noted that Fig. 6 of Saito, as illustrated above, discloses the control housing 13 which includes intermediate housing and cover).
For claims 3 and 12, Saito discloses the electrically operated braking assembly according to Claim 1 and/or claim 2, wherein the control housing is formed in a number of parts, with a cover, in which the control unit lies, and an intermediate housing which lies between the cover and the brake force generator housing and is attached to the brake force generator housing (Fig. 6 of Saito , as illustrated above, discloses the control housing 13 which is formed in a number of parts, with a cover, in which the control unit 100, 200 lies, and an intermediate housing which lies between the cover and the brake force generator housing 14 and is attached to the brake force generator housing 14).
For claims 4 and 13, Saito discloses the electrically operated braking assembly according to Claim 3 and/or claim 12, wherein the stator is fastened to the intermediate housing (Fig. 1 and illustrated Fig. 6 of Saito disclose the stator 31 is fastened to the intermediate housing).
For claims 5 and 14, Saito discloses the electrically operated braking assembly according to Claim 4 and/or claim 13, wherein a detent connection is formed on the intermediate housing and holds the stator, in the axial direction (Fig. 1 and illustrated Fig. 6 of Saito disclose a detent connection which is formed on the intermediate housing and holds the stator 31, in the axial direction).
For claims 6 and 15, Saito discloses the electrically operated braking assembly according to Claim 5 and/or claim 14, wherein the detent connection has a plurality of axially protruding detent hooks, which protrude at the end face from a wall of the intermediate housing forming a receiving opening for the stator, in the direction of the brake force generator housing, and are formed resiliently radially outwardly (Fig. 1 and illustrated Fig. 6 of Saito disclose the detent connection which has a plurality of axially protruding detent hooks, which protrude at the end face from a wall of the intermediate housing forming a receiving opening for the stator 31, in the direction of the brake force generator housing 14, and are formed resiliently radially outwardly).
For claims 7 and 16, Saito discloses the electrically operated braking assembly according to Claim 3 and/or claim 12, wherein electrically conductive connection contact lugs starting from the stator protrude into an interior formed by the cover (Fig. 1 and illustrated Fig. 6 of Saito disclose electrically conductive connection contact lugs starting from the stator 31 protrude into an interior formed by the cover).
For claims 8 and 17, Saito discloses the electrically operated braking assembly according to Claim 7 and/or claim 16, wherein guide openings for associated connection contact lugs are provided in a radial intermediate wall in the intermediate housing and the connection contact lugs extend through said guide openings to the control unit, where the connection contact lugs are electrically connected (see illustrated Fig. 6 of Saito above).
For claims 9 and 18, Saito discloses the electrically operated braking assembly according to Claim 8 and/or claim 17, wherein the guide openings are formed in the intermediate wall in integrally moulded sleeves, which protrude axially in a direction of the cover and form the protrusions for a printed circuit board of the control unit, wherein the printed circuit board has centring openings into which the protrusions protrude (see illustrated Fig. 6 of Saito above).
 For claims 10 and 19, Saito discloses the electrically operated braking assembly according to claim 3 and/or claim 12, wherein the intermediate housing is pot-shaped and forms a base which is directly adjacent to the control unit (Fig. 6 of Saito, as illustrated above, disclose the intermediate housing is pot-shaped and forms a base which is directly adjacent to the control unit 100, 200).
 For claims 11 and 20, Saito discloses the electrically operated braking assembly according to Claim 1 and/or claim 12, wherein the stator protrudes into the brake force generator housing (Fig. 6 of Saito, as illustrated above, disclose the stator 31 which protrudes into the brake force generator housing 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI T DINH whose telephone number is (571)270-3852. The examiner can normally be reached (571)270-3852.
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/THAI T DINH/Primary Examiner, Art Unit 2846