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 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 18 and 28-30 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 18 recites “The brake actuator according to claim 16, wherein the distancing mechanism is configured to hold the actuating mechanism in the operating position, or move the actuating mechanism into the operating position.” Parent claim 16 requires “a distancing mechanism configured to move the actuating mechanism from a non-operating position into an operating position.” The “or” of claim 18 appears to optionally recite the distancing mechanism being configured to move the actuating mechanism into the operating position, whereas parent claim 16 appears to require the feature. It is not clear if the feature is required.
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 28 recites the broad recitation “the vehicle is configured as a vehicle”, and the claim also recites the vehicle being configured as particular types of vehicle (truck, trailer, passenger car) 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 29 recites “moving into the non-operating position when it is not held in the operating position by the distancing mechanism or when it is not moved into the operating position by the distancing mechanism. It is not clear what “it” refers to.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 16-21 and 23-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Severinsson (US# 6491141).
Severinsson discloses all the limitations of the instant claim including; a brake actuator, comprising: a transfer element 5/19/47/68/89/154 configured to be moved along an actuating direction and to actuate a brake 6/20/69/155 by moving into at least one actuating position; an actuating mechanism 3/16/44/60-65/89-91/152 configured to move the transfer element into the at least one actuating position to actuate the brake, wherein the actuating mechanism is configured to be movable along the actuating direction; a distancing mechanism (4/8/9/12/11/13; 18, 22-26; 49-55;74-77,100-104;153/156/158/159/160/161) configured to move the actuating mechanism from a non-operating position into an operating position along the actuating direction (col. 5, lines 37-45) wherein the transfer element and the actuating mechanism are configured such that the transfer element is located in the actuating position when the actuating mechanism is located in the non-operating position (Col. 4, lines 26-30; col. 5, lines 18-30), and the actuating mechanism 3/16/44/60-65/89-91/152 is configured to move into the non-operating position when it is not held in the operating position by the distancing mechanism (via spring 9/25/52/75/100/156) or when it is not moved into the operating position by the distancing mechanism 16-17/22-26.
Regarding claim 17, the transfer element 5/19/47/68/89/154 and the actuating mechanism 3/16/44/60-65/89-91/152 are configured to be movable as one block along the actuation direction. Col. 4, lines 26-31; col. 5, lines 18-29.
Regarding claim 18, the distancing mechanism ((4/8/9/12/11/13; 18, 22-26; 49-55;74-77,100-104;153/156/158/159/160/161) is configured to hold the actuating mechanism 3/16/44/60-65/89-91/152 in the operating position (via latch 12/13 or 103/104, or ring 26/35/54/77 or lock spring 159) and/or the distancing mechanism 16-17/22-26 is configured to move the actuating mechanism into the operating position. Col. 5, lines 37-45.
Regarding claim 19, the distancing mechanism (4/8/9/12/11/13; 18, 22-26; 49-55;74-77,100-104;153/156/158/159/160/161) is configured to move the actuating mechanism 3/16/44/60-65/89-91/152 into at least one second non-operating position to keep the brake actuated so that a minimum braking force or torque threshold is met or held. Note the mechanisms 12/13, 26/35/54/77, 103/104 and 159 are engageable in multiple positions of travel of the transfer element.
Regarding claim 20, the actuating mechanism 3/16/44/60-65/89-91/152 is configured to move the transfer element 5/19/47/68/89/154 when the actuating mechanism is actuated, and/or the actuating mechanism is configured to be actuated pneumatically (Figs 1-8, 13), hydraulically (figures 11-12), electro-mechanically (figure 9) and/or a mechanically (figure 9).
Regarding claim 21, the distancing mechanism (4/8/9/12/11/13; 18, 22-26; 49-55;74-77,100-104;153/156/158/159/160/161)is configured to move the actuating mechanism 3/16/44/60-65/89-91/152 into the operating position (col. 5, lines 37-45) and/or to hold the actuating mechanism 3/16/44/60-65/89-91/152 in the operating position when the distancing mechanism is actuated position (via latch 12/13 or 103/104, or ring 26/35/54/77 or lock spring 159), and/or the distancing mechanism is configured to be actuated pneumatically, hydraulically, electro-mechanically and/or a mechanically (col. 5, lines 30-37, lines 59-63).
Regarding claim 23, the distancing mechanism comprises a pressure chamber with a movable face 4/16/45/153, configured to be moved in reaction to a pressure in the pressure chamber exceeding a predetermined threshold (corresponding to the force required to compress the safety spring, Col. 5, lines 37-45), and the actuating mechanism 3/16/44/152 is moved into the operating position in reaction to the movement of the face, wherein the face is connected to the actuating mechanism or is a face of the actuating mechanism. Figures 1-2, 4, 7, and 13.
Regarding claim 24, the distancing mechanism comprises an electromagnetic mechanism 12/13, 28, 38, 160/161 configured to hold the actuating mechanism in the operating position, when the electromagnetic mechanism is activated. Col 4, lines 22-25.
Regarding claim 25, the distancing mechanism is configured to hold the actuating mechanism in the operating position frictionally and/or by form fitting. Note friction elements 26/35/54/77/159 and form fitting elements 12/13 or 103/104.
Regarding claim 26, the brake actuator is configured to return the actuating mechanism into the non-operating position or to hold the actuating mechanism in the non-operating position when the distancing mechanism is not acting on the actuating mechanism. Note spring 9/25/52/75/133/156 returns the mechanism into the non-operating (braked) position when released.
Regarding claim 27, Severinsson discloses a brake system for a vehicle, comprising: at least one brake 6/20/69/86-88/155 configured to be activated by a movement of a transfer element 5/19/47/68/89/154 into an actuating position; and a brake actuator 1/15/40-43/62/85/150 comprising the transfer element, which is configured to be moved along the actuating direction and to actuate the at least one brake by moving into the actuating position; an actuating mechanism 3/16/44/60-65/89-91/152 configured to move the transfer element into the actuating position to actuate the brake, wherein the actuating mechanism is configured to be movable along the actuating direction; a distancing mechanism (4/8/9/12/11/13; 18, 22-26; 49-55;74-77,100-104;153/156/158/159/160/161) configured to move the actuating mechanism from a non-operating position into an operating position along the actuating direction, wherein the transfer element and the actuating mechanism are configured such that the transfer element is located in the actuating position when the actuating mechanism is located in the non-operating position, wherein the transfer element of the brake actuator is configured to activate the brake.
Regarding claim 28, Severinsson discloses a vehicle is configured as a commercial vehicle, a truck, a trailer, a passenger car, and/or a combination of a towing vehicle and a trailer, and/or wherein the vehicle is configured as an electric, hybrid or conventional vehicle. Col. 3, line 66 to col. 4, line 1. The “vehicle” of Severinsson can be considered at least a “conventional vehicle” as it is known in the prior art.
Regarding claim 29, Severinsson discloses a method for operating a brake actuator having a transfer element 5/19/47/68/89/154 configured to be moved along an actuating direction and to actuate a brake 6/20/69/86-88/155 by moving into at least one actuating position; an actuating mechanism 3/16/44/60-65/89-91/152 configured to move the transfer element into the at least one actuating position to actuate the brake, wherein the actuating mechanism is configured to be movable along the actuating direction; a distancing mechanism (4/8/9/12/11/13; 18, 22-26; 49-55;74-77,100-104;153/156/158/159/160/161) configured to move the actuating mechanism from a non-operating position into an operating position along the actuating direction, the method comprising the steps of: (S1): moving the actuating mechanism, which is configured to move the transfer element into the operating positing, such that the transfer element is not located in the actuating position (col. 5, lines 37-45); (S2): moving the transfer element into the actuating position to actuate at least one brake via operating the actuating mechanism (col. 5, lines 15-17); and (S3): moving the actuating mechanism into a non-operating position, whereby the transfer element is located in the actuating position to actuate the at least one brake when the actuating mechanism is located in the non-operating position (col. 5, lines 18-29), and moving into the non-operating position when it is not held in the operating position by the distancing mechanism (via spring 9/25/52/75/100/156) or when it is not moved into the operating position by the distancing mechanism 16-17/22-26.
Regarding claim 30, the steps (S1) and/or (S2) are/is executed during a driving operation of the vehicle, and/or the step (S3) is executed during a non-driving operation of the vehicle. Note Severinsson discloses at least S2 being executed during a driving operation. The S2 corresponds to the normal service brake operation of Severinsson which is understood to be a braking operation carried out during driving of the vehicle.
Response to Arguments
Applicant's arguments filed 5/04/2026 have been fully considered but they are not persuasive.
Applicant argues that “the rejection appears to rely on Severinsson's safety brake arrangement as allegedly corresponding to the claimed "distancing mechanism." For example, with respect to the embodiment of FIG. 1, the Rejection appears to rely on Severinsson's second piston 4, return spring 8, safety brake spring 9, locking rod 11, washer 12, and electro-magnet 13 as allegedly forming the claimed distancing mechanism. This mapping is improper. Severinsson expressly distinguishes the return spring 8 from the safety brake arrangement.” This is not persuasive as the rejection does not rely on “the safety brake arrangement” of Severinsson. Instead, specific elements are relied upon, as set forth in the rejection. Any distinguishing of return spring from the “safety brake arrangement” of Severinsson is irrelevant. Rather, the mapped elements only need to meet the limitations of the claims.
Applicant argues that the claimed distancing mechanism must be configured to move the actuating mechanism from a non-operating position into an operating position along the actuating direction. Applicant acknowledges that return spring 8 is a return spring for the service piston 3. Spring 8, along with the other identified components operate to move the actuating mechanism from a non-operating position (brake applied) into an operating position (brake released) along the actuating direction. Note after the safety brake has been reset (col. 5, lines 37-45), the return spring 8/18/49 returns 3/16/44/152 of the actuating mechanism into the operating or brake released position.
Applicant argues that the safety brake arrangement of Severinsson does not disclose the claimed movement from the non-operating position into the operating position. Applicant argues that when Severinsson's safety brake spring 9 is released, the safety piston 4 moves in the brake-application direction and applies the brake through the service piston 3 and push rod 5. The resetting operation disclosed (col. 5, lines 37-45) is noted. Severinsson has both a mode where the brake is applied as well as one where the safety brake is reset and released.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK20
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