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 .
Election/Restrictions
Applicants’ election of Species III in the reply filed on December 16, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2, 3, 9 and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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, 4-8 and 11-14 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.
Claims 1 and 8 include the limitations “at least three brake segments; wherein, when an elevator car is empty and moving in a downward direction … wherein, when the elevator car is empty and moving in an upward direction … wherein, when the elevator car is balanced and moving in either the up or down direction”. However the terms “when” render the claim(s) indefinite. It is unclear whether the claim necessarily requires the limitations which follow in a situation in which the elevator car is not empty, or not balanced, e.g. fully loaded traveling upward or traveling downward. For examining purposes, these limitations are interpreted as stating “at least three brake segments; wherein the brake activating device is configured to operate according to at least one: an elevator car is empty and moving in a downward direction … the elevator car is empty and moving in an upward direction … or the elevator car is balanced and moving in either the up or down direction”.
Claims 4 and 11 include the limitations “the first activation element is positioned adjacent to the first brake segment and the second brake segment, a third brake segment positioned adjacent to the first activation element, and the second activation element is positioned adjacent to the third brake segment”. However claims 1 and 8, from which claims 4 and 11 depend, describe the first activation element to activate one of the brake segments, while the second activation elements activates the remaining of the brake segments. It is unclear how the first activation element is to activate only a single brake segment when both the first and second brake segments are adjacent to the first activation element. For examining purposes, consistent with applicants’ specification, these limitations are interpreted as stating “the second activation element is positioned adjacent to the first brake segment and the second brake segment, a third brake segment positioned adjacent to the second activation element, and the first activation element is positioned adjacent to the third brake segment”.
Claims 5-7 and 12-14 depend from claims 1 or 8 and therefore inherit all claimed limitations. These claims do not correct the deficiencies of claims 1 or 8.
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 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.
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.
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 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Boffelli (US 9,587,690 B2) in view of Erlston et al. (US 2006/0260886 A1).
Claim 1: Boffelli discloses a brake assembly which can be used with an elevator (column 1 lines 25-28), where a brake is shown in FIG. 1 to include at least three brake segments (126). Said brake segments can be different in shapes and sizes from each other (column 5 lines 21-23), and therefore would be arranged asymmetrically around the brake. The brake then would be an asymmetrical brake. A brake activating device (brake mechanism) is operably coupled to the brake and includes an activation element to apply a braking force (F) to activate all brake segments on brake disc (24) (column 7 lines 48-52) as a unitary structure (column 7 lines 64-66). This reference fails to disclose the activation element to be a second activation element, the brake activating device to include a first activation element, the first activation element to be configured to activate one of the at least three brake segments, leaving a second activation element to be configured to activate the remaining of the at least three brake segments, and the brake activating device to be configured to operate according to at least one: the elevator car to be empty and moving in a downward direction, the brake activating device to be configured to activate both the first activation element and the second activation element to apply the at least three brake segments, the elevator car to be empty and moving in an upward direction, the brake activating device to be configured to sequentially activate the asymmetrical brake by activating the second activation element to apply all but one of the at least three brake segments and, after a time delay, activate the first activation element to apply one of the at least three brake segments; or the elevator car to be balanced and moving in either the up or down direction, the brake activating device to be configured to sequentially activate the asymmetric brake by activating the first activation element to apply one of the at least three brake segments and, after a time delay, activate the second activation element to apply the remaining at least three brake segments.
However Erlston et al. teaches a brake assembly for an elevator (page 3 ¶ [0048]), where a brake is shown in Figure 3 to include an annular outer brake pad (12) and an annular inner brake pad (31). A brake activating device includes a first activation element (inner pressure plate 29) and a second activation element (pressure plate 11), where the first activation element is configured to activate the inner brake pad (page 5 ¶ [0063]), and the second activation element is configured to activate the remaining annular outer brake pad (page 4 ¶ [0059]). The first activation element activates the inner brake pad to provide a parking brake (page 5 ¶ [0063]). Application of a parking brake is initiated after a brake gradually slows and stops a rotor, as is known in the art. Therefore the brake activating device would be configured to sequentially activate the second activation element to apply the outer brake pad and after a time delay, activate the first activation element to apply the inner brake pad in order to apply the parking brake.
Given the teachings of Erlston et al., it would have been obvious to one of
ordinary skill in the art before the effective filing date of the claimed invention to modify the elevator brake assembly disclosed in Boffelli with providing the brake disc to be an outer brake disc, and the brake to include a single brake segment on an inner brake disc as a parking brake, where the activation element is a second activation element, the brake activating device to include a first activation element, the first activation element to be configured to activate the single brake segment, leaving the second activation element to be configured to activate the remaining of the at least three brake segments, and the brake activating device to be configured to sequentially activate the asymmetrical brake by activate the second activation element to apply all but one of the at least three brake segments and, after a time delay, activate the first activation element to apply one of the at least three brake segments regardless of whether load of the elevator car and its direction of travel, including when the elevator car empty and moving in an upward direction. Doing so would provide “an effective parking” as taught in Erlston et al. (page 5 ¶ [0063]) for application after the elevator car comes to an initial stop.
Claim 5: Boffelli modified by Erlston et al. discloses an elevator brake assembly as stated above, where outer brake segments include a brake applying portion (brake shoe) disposed on the brake segments as shown in Boffelli (column 5 lines 27-30), and inner brake segment includes brake pad carrier (32) shown in Figure 3 of Erlston et al. The reference fails to disclose a respective one of the plurality of brake applying portions to be disposed on each of the at least three brake segments.
However Erlston et al. teaches respective ones of a plurality of brake applying
portions (brake pad carrier 70) to be disposed on each of multiple brake segments (brake pad material 72), as shown in FIG. 12 (page 7 ¶ [0088]).
Given the teachings of Erlston et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elevator brake assembly disclosed in Boffelli with providing a respective one of the plurality of brake applying portions to be disposed on each of the at least three brake segments. Doing so would provide “for easier installation and removal from” the brake, as taught in Erlston et al. (page 7 ¶ [0088]).
Claim 6: Boffelli modified by Erlston et al. discloses an elevator brake assembly having a plurality of brake applying portions, as stated above. The plurality of brake applying portions are a plurality of shoes, as shown in Boffelli (column 5 lines 27-30).
Claim 7: Boffelli modified by Erlston et al. discloses an elevator brake assembly, where the first activation element is shown in Figure 3 of Erlston et al. to include a first coil (return spring 43) (page 5 ¶ [0062]), and the second activation element is shown to include a second coil (return spring 20 (page 3 ¶ [0051]).
Claims 8 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 5,244,060) in view of Boffelli (US 9,587,690 B2), further in view of Erlston et al. (US 2006/0260886 A1).
Claims 8: Tanaka et al. discloses an elevator system shown in FIG. 2 to include a rotatable output shaft (17) mounted in a machine housing, and a sheave (4) mounted on the output shaft and rotatable therewith (column 3 lines 22-28), and a brake assembly (braking unit 20) for braking the output shaft (column 3 lines 31-34). This reference fails to disclose the brake assembly to include an asymmetrical brake comprising at least three break segments, a brake activating device operably coupled to the brake, the brake activating device to comprise a first activation element and a second activation element, where the first activation element is configured to activate one of the at least three brake segments and a second activation element is configured to activate the remaining of the at least three brake segments, and the brake activating device to be configured to operate according to at least one: the elevator car to be empty and moving in a downward direction, the brake activating device to be configured to activate both the first activation element and the second activation element to apply the at least three brake segments, the elevator car to be empty and moving in an upward direction, the brake activating device to be configured to sequentially activate the asymmetrical brake by activating the second activation element to apply all but one of the at least three brake segments and, after a time delay, activate the first activation element to apply one of the at least three brake segments; or the elevator car to be balanced and moving in either the up or down direction, the brake activating device to be configured to sequentially activate the asymmetric brake by activating the first activation element to apply one of the at least three brake segments and, after a time delay, activate the second activation element to apply the remaining at least three brake segments.
However Boffelli discloses a brake assembly which can be used with an elevator (column 1 lines 25-28), where a brake is shown in FIG. 1 to include at least three brake segments (126). Said brake segments can be different in shapes and sizes from each other (column 5 lines 21-23), and therefore would be arranged asymmetrically around the brake. The brake then would be an asymmetrical brake. A brake activating device (brake mechanism) is operably coupled to the brake and includes an activation element to apply a braking force (F) to activate all brake segments on brake disc (24) (column 7 lines 48-52) as a unitary structure (column 7 lines 64-66).
Given the teachings of Boffelli, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elevator system disclosed in Tanaka et al. with providing the brake assembly to include an asymmetrical brake comprising at least three break segments, and a brake activating device operably coupled to the brake, where the brake activating device includes an activation element configured to activate the brake segments as a unitary structure. Doing so would “make the brake linings and/or brake discs more accessible and to simplify maintenance” as taught in Boffelli (column 1 lines 54-57), while “ensuring that the segment[s] [are] properly aligned with the brake pad or shoe and preventing wear to the edges of the segments caused by improper alignment (column 7 lines 58-31). These references fail to disclose the activation element to be a second activation element, the brake activating device to include a first activation element, and the first activation element to be configured to activate one of the at least three brake segments, leaving the second activation element to be configured to activate the remaining of the at least three brake segments, and the brake activating device to be configured to operate according to at least one: the elevator car to be empty and moving in a downward direction, the brake activating device to be configured to activate both the first activation element and the second activation element to apply the at least three brake segments, the elevator car to be empty and moving in an upward direction, the brake activating device to be configured to sequentially activate the asymmetrical brake by activating the second activation element to apply all but one of the at least three brake segments and, after a time delay, activate the first activation element to apply one of the at least three brake segments; or the elevator car to be balanced and moving in either the up or down direction, the brake activating device to be configured to sequentially activate the asymmetric brake by activating the first activation element to apply one of the at least three brake segments and, after a time delay, activate the second activation element to apply the remaining at least three brake segments.
However Erlston et al. teaches a brake assembly for an elevator (page 3 ¶ [0048]), where a brake is shown in Figure 3 to include an annular outer brake pad (12) and an annular inner brake pad (31). A brake activating device includes a first activation element (inner pressure plate 29) and a second activation element (pressure plate 11), where the first activation element is configured to activate the inner brake pad (page 5 ¶ [0063]), and the second activation element is configured to activate the remaining annular outer brake pad (page 4 ¶ [0059]). The first activation element activates the inner brake pad to provide a parking brake (page 5 ¶ [0063]). Application of a parking brake is initiated after a brake gradually slows and stops a rotor, as is known in the art. Therefore the brake activating device would be configured to sequentially activate the second activation element to apply the outer brake pad and after a time delay, activate the first activation element to apply the inner brake pad in order to apply the parking brake.
Given the teachings of Erlston et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elevator system disclosed in Tanaka et al. as modified by Boffelli with providing the brake disc to be an outer brake disc, and the brake to include a single brake segment on an inner brake disc as a parking brake, where the activation element is a second activation element, the brake activating device to include a first activation element, the first activation element to be configured to activate the single brake segment, leaving the second activation element to be configured to activate the remaining of the at least three brake segments, and the brake activating device to be configured to sequentially activate the asymmetrical brake by activate the second activation element to apply all but one of the at least three brake segments and, after a time delay, activate the first activation element to apply one of the at least three brake segments regardless of whether load of the elevator car and its direction of travel, including when the elevator car empty and moving in an upward direction. Doing so would provide “an effective parking” as taught in Erlston et al. (page 5 ¶ [0063]) for application after the elevator car comes to an initial stop.
Claim 12: Tanaka et al. modified by Boffelli and Erlston et al. discloses an elevator system as stated above, where outer brake segments include a brake applying portion (brake shoe) disposed on the brake segments as shown in Boffelli (column 5 lines 27-30), and inner brake segment includes brake pad carrier (32) shown in Figure 3 of Erlston et al. The reference fails to disclose a respective one of the plurality of brake applying portions to be disposed on each of the at least three brake segments.
However Erlston et al. teaches respective ones of a plurality of brake applying portions (brake pad carrier 70) to be disposed on each of multiple brake segments (brake pad material 72), as shown in FIG. 12 (page 7 ¶ [0088]).
Given the teachings of Erlston et al., it would have been obvious to one of
ordinary skill in the art before the effective filing date of the claimed invention to modify the elevator system disclosed in Tanaka et al. as modified by Boffelli with providing a respective one of the plurality of brake applying portions to be disposed on each of the at least three brake segments. Doing so would provide “for easier installation and removal from” the brake, as taught in Erlston et al. (page 7 ¶ [0088]).
Claim 13: Tanaka et al. modified by Boffelli and Erlston et al. discloses an elevator system having a plurality of brake applying portions, as stated above. The plurality of brake applying portions are a plurality of shoes, as shown in Boffelli (column 5 lines 27-30).
Claim 14: Tanaka et al. modified by Boffelli and Erlston et al. discloses an elevator system, where the first activation element is shown in Figure 3 of Erlston et al. to include a first coil (return spring 43) (page 5 ¶ [0062]), and the second activation element is shown to include a second coil (return spring 20 (page 3 ¶ [0051]).
Claims 15: Tanaka et al. discloses an elevator system shown in FIG. 2 to include a rotatable output shaft (17) mounted in a machine housing, and a sheave (4) mounted on the output shaft and rotatable therewith (column 3 lines 22-28), and a brake assembly (braking unit 20) for braking the output shaft (column 3 lines 31-34). A roping arrangement (6) is further shown in FIG. 3 to be arranged on the sheave and coupled to an elevator car (7) (column 3 lines 18-21). A braking force of the brake assembly is variably set in response to a weight of the elevator car and a direction of movement of the elevator car (column 5 lines 13-15). This reference fails to disclose the brake assembly to include an asymmetrical brake comprising at least three break segments, a brake activating device operably coupled to the brake, the brake activating device to comprise a first activation element and a second activation element, and the first activation element to be configured to activate one of the at least three brake segments and a second activation element is configured to activate the remaining of the at least three brake segments, such that the brake activating device activates the first activation element and the second activation element simultaneously or in sequence, in response to a weight of the elevator car and a direction of movement of the elevator car.
However Boffelli discloses a brake assembly which can be used with an elevator (column 1 lines 25-28), where a brake is shown in FIG. 1 to include at least three brake segments (126). Said brake segments can be different in shapes and sizes from each other (column 5 lines 21-23), and therefore would be arranged asymmetrically around the brake. The brake then would be an asymmetrical brake. A brake activating device (brake mechanism) is operably coupled to the brake and includes an activation element to apply a braking force (F) to activate all brake segments on brake disc (24) (column 7 lines 48-52) as a unitary structure (column 7 lines 64-66).
Given the teachings of Boffelli, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elevator system disclosed in Tanaka et al. with providing the brake assembly to include an asymmetrical brake comprising at least three break segments, and a brake activating device operably coupled to the brake, where the brake activating device includes an activation element configured to activate the brake segments as a unitary structure. Doing so would “make the brake linings and/or brake discs more accessible and to simplify maintenance” as taught in Boffelli (column 1 lines 54-57), while “ensuring that the segment[s] [are] properly aligned with the brake pad or shoe and preventing wear to the edges of the segments caused by improper alignment (column 7 lines 58-31). These references fail to disclose the activation element to be a second activation element, the brake activating device to include a first activation element, and the first activation element to be configured to activate one of the at least three brake segments, leaving the second activation element to be configured to activate the remaining of the at least three brake segments, such that the brake activating device activates the first activation element and the second activation element simultaneously or in sequence, in response to a weight of the elevator car and a direction of movement of the elevator car.
However Erlston et al. teaches a brake assembly for an elevator (page 3 ¶ [0048]), where a brake is shown in Figure 3 to include an annular outer brake pad (12) and an annular inner brake pad (31). A brake activating device includes a first activation element (inner pressure plate 29) and a second activation element (pressure plate 11), where the first activation element is configured to activate the inner brake pad (page 5 ¶ [0063]), and the second activation element is configured to activate the remaining annular outer brake pad (page 4 ¶ [0059]). The first activation element activates the inner brake pad to provide a parking brake (page 5 ¶ [0063]). Application of a parking brake is initiated after a brake gradually slows and stops a rotor, as is known in the art. Therefore the brake activating device would be configured to sequentially activate the second activation element to apply the outer brake pad and after a time delay, activate the first activation element to apply the inner brake pad in order to apply the parking brake.
Given the teachings of Erlston et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elevator system disclosed in Tanaka et al. as modified by Boffelli with providing the brake disc to be an outer brake disc, and the brake to include a single brake segment on an inner brake disc as a parking brake, where the activation element is a second activation element, the brake activating device to include a first activation element, the first activation element to be configured to activate the single brake segment, leaving the second activation element to be configured to activate the remaining of the at least three brake segments, and the brake activating device to be configured to sequentially activate the asymmetrical brake by activate the second activation element to apply all but one of the at least three brake segments and, after a time delay, activate the first activation element to apply one of the at least three brake segments regardless of whether load of the elevator car and its direction of travel, including when the elevator car empty and moving in an upward direction. Since a variable braking force is used in response to a weight of the elevator car and a direction of movement of the elevator car, the brake activating device would activate the first activation element and the second activation element simultaneously or in sequence, in response to a weight of the elevator car and a direction of movement of the elevator car. Doing so would provide “an effective parking” as taught in Erlston et al. (page 5 ¶ [0063]) for application after the elevator car comes to an initial stop.
Allowable Subject Matter
Claims 4 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 4 and 11: Although the prior art (US 9,587,690 B2) teaches an elevator brake assembly comprising: an asymmetrical brake comprising at least three brake segments of different shapes and sizes (column 5 lines 21-23); and a brake activating device operably coupled to the asymmetrical brake, the brake activating device comprising an activation element configured to activate the at least three brake segments (column 7 lines 48-52), and addition prior art (US 2006/0260886 A1) teaches a first activation (inner pressure plate 29) and a second activation element (pressure plate 11); wherein the first activation element is configured to activate one brake segment (inner brake pad 31), and the second activation element is configured to activate another brake segment (outer brake pad 12) (page 4 ¶ [0059], page 5 paragraph [0063]), the prior art does not teach nor suggest the at least three brake segments comprise a first brake segment positioned adjacent to a second brake segment; the first activation element is positioned adjacent to the first brake segment and the second brake segment, a third brake segment positioned adjacent to the first activation element, and the second activation element is positioned adjacent to the third brake segment. The combinations of the claimed limitations are novel and found to be allowable over prior art. The cited references taken singly or in combination do not anticipate nor make obvious applicant's claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER UHLIR whose telephone number is (571)270-3091. The examiner can normally be reached M-F 8:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christopher Uhlir/Primary Examiner, Art Unit 3619 January 9, 2026