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 .
Response to Amendment
The amendment filed 06/10/2026 has been entered. Claims 1, 9 and 14 have been amended. Therefore, claims 1-20 are now pending in the application.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horsch (US - 5,601,160) and further in view of Bennett (US - 3,893,549).
As per claim 1, Horsch discloses Hydraulically Actuated Brake Assembly For An Off-highway Implement comprising:
at least one brake assembly (20, Fig: 2) including a brake actuator (32, Fig: 2) and a brake spring (58, Fig: 2), the brake actuator being movable in a brake application direction and in a brake disengagement direction opposite the brake application direction (brake apply, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2, brake release, Col: 8, Ln: 39-58, Fig: 2), the brake actuator having a first pressure chamber (50, Fig: 2) and a second pressure chamber (60, Fig: 2) with the first and second pressure chambers being fluidly isolated from each other (Fig: 2), the first and second pressure chambers being arranged such that pressurized fluid introduced into the first and second pressure chambers respectively applies a first and a second hydraulic force on the brake actuator in the brake disengagement direction counter to the spring force (Col: 7, Ln: 45-50, Fig: 2);
a first pressurized fluid supply (via line 416, Fig: 2, 8) in communication with the first pressure chamber (50, Fig: 2) for providing pressurized fluid to generate the first hydraulic force (Fig: 2);
a second pressurized fluid supply (via line 426, Fig: 2) in communication with the second pressure chamber (60, Fig: 2) for providing pressurized fluid to generate the second hydraulic force (Fig: 2);
wherein the first pressurized fluid supply and the first pressure chamber and the second pressurized fluid supply and the second pressure chamber are configured such that each of the first and second hydraulic forces can independently offset the spring force and move the brake actuator to a disengaged position (In the illustrated embodiment, brake piston 46 is adapted to apply a compressive axial force to the friction brake members 28 and 30 either independently of or in combination with brake piston 48, that is the first and second hydraulic forces can independently offset the spring force, brake apply and release procedure, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2, Col: 8, Ln: 39-58, Fig: 2).
Horsch discloses all the structural elements of the claimed invention but fails to explicitly disclose the brake spring being arranged to apply a spring force on the brake actuator in the brake application direction.
Bennett discloses Brake Apply and Release Mechanism comprising:
the brake spring (70, The force in spring 70 has moved piston 66 rightwardly as seen in FIG. 2 against push rod 74, which has in turn engaged piston 50 so that a compressive brake apply force is exerted through the pistons and the push rod against the brake pad assembly 44 to mechanically hold the brake in the actuated condition, Col: 4, Ln: 4-10, Fig: 2) being arranged to apply a spring force on the brake actuator (piston 95, Fig: 2) in the brake application direction (The force exerted by spring 70 is sufficient to hold the brake actuated with enough braking force to meet the parking requirements of the vehicle, Col: 5, Ln: 12-15, Fig: 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulically Actuated Brake Assembly For An Off- highway Implement of the Horsch to make the brake spring being arranged to apply a spring force on the brake actuator in the brake application direction as taught by Bennett in order to provide the wheel brake acts as an automatic parking brake and fail- safe service brake and braking system especially intended for heavy duty materials handling vehicles that eliminates the need for redundant circuit service brake systems.
As per claim 2, Horsch discloses wherein the first hydraulic force is variable by the first pressurized fluid supply and the second hydraulic force is variable by the second pressurized fluid supply (Service brake valve 412 is responsive to manual operation of brake pedal 402L while service brake valve 414 is responsive to operation of brake pedal 402R. Each valve 412 and 414 is preferably configured as a three position valve including an intermediary metering position that serves to modulate the fluid pressure being applied to each brake assembly 20, Col: 15, Ln: 30-37, Fig: 1, 8).
As per claim 3, Horsch discloses a service brake input device that controls the first and second pressurized fluid supplies to vary the first and second hydraulic forces (As will be appreciated, the position of each valve 412 and 414 controls the fluid flow to the cavity 50 of each brake assembly 20 thereby influencing the service brake function of the implement 10. That is, when the service brake is to be applied, the operator operates either and/or both brake pedals 402L, 402R to shift the respective valves 412, 414 to the left, as shown in FIG. 8, thereby allowing pressurized fluid into the brake cavity 50 with sufficient pressure to overcome the effectiveness of the spring release mechanism serving to hold the service brake in a released position, Col: 15, Ln: 38-49, Fig: 2, 8).
As per claim 4, Horsch discloses wherein the first pressurized fluid supply (Fig: 8) communicates with the first pressure chamber (50) via a first fluid supply line (416, Fig: 2) and the second pressurized fluid supply (Fig: 8) communicates with the second pressure chamber (60) via a second supply line (426, Fig: 2).
As per claim 5, Horsch discloses wherein the brake actuator (32, Fig: 2) engages with a braking apparatus that is configured to apply a braking force (via brake piston 46, 48, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2).
As per claim 6, Horsch discloses wherein the braking apparatus (32) includes multiple brake plates arranged to compress multiple brake discs (28, 30, Fig: 2).
As per claim 7, Horsch discloses wherein the brake actuator (32, Fig: 2) is supported in a brake housing (22, Fig: 2) and is movable relative to the brake housing in the brake disengagement direction and the brake application direction (Fig: 2).
As per claim 8, Bennett further discloses wherein the first (56, Fig: 2) and second (68, Fig: 2) pressure chambers are arranged on a side of the brake actuator opposite the spring (70, Fig: 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulically Actuated Brake Assembly For An Off- highway Implement of the Horsch to make the first and second pressure chambers are arranged on a side of the brake actuator opposite the spring as taught by Bennett in order to provide the wheel brake acts as an automatic parking brake and fail- safe service brake.
As per claim 9, Horsch discloses Hydraulically Actuated Brake Assembly For An Off-highway Implement comprising:
a brake actuator (32, Fig: 1) that is movable in a brake application direction and in a brake disengagement direction opposite the brake application direction (brake apply, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2, brake release, Col: 8, Ln: 39-58, Fig: 2), the brake actuator having a first pressure chamber (50, Fig: 2) and a second pressure chamber (60, Fig: 2) with the first and second pressure chambers being fluidly isolated from each other (Fig: 2); and
wherein the first and second pressure chambers are arranged such that pressurized fluid introduced into the first and second pressure chambers respectively applies a first and a second hydraulic force on the brake actuator in the brake disengagement direction counter to the spring force (Col: 7, Ln: 45-50, Fig: 2), and wherein each of the first and second hydraulic forces is independently variable to modulate a braking force applied by the brake assembly (In the illustrated embodiment, brake piston 46 is adapted to apply a compressive axial force to the friction brake members 28 and 30 either independently of or in combination with brake piston 48, that is the first and second hydraulic forces is independently variable to modulate a braking force applied by the brake assembly, brake apply and release procedure, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2, Col: 8, Ln: 39-58, Fig: 2)
Horsch discloses all the structural elements of the claimed invention but fails to explicitly disclose a brake spring arranged to apply a spring force on the brake actuator in the brake application direction.
Bennett discloses Brake Apply and Release Mechanism comprising:
a brake spring (70, The force in spring 70 has moved piston 66 rightwardly as seen in FIG. 2 against push rod 74, which has in turn engaged piston 50 so that a compressive brake apply force is exerted through the pistons and the push rod against the brake pad assembly 44 to mechanically hold the brake in the actuated condition, Col: 4, Ln: 4-10, Fig: 2) arranged to apply a spring force on the brake actuator (piston 95, Fig: 2) in the brake application direction (The force exerted by spring 70 is sufficient to hold the brake actuated with enough braking force to meet the parking requirements of the vehicle, Col: 5, Ln: 12-15, Fig: 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulically Actuated Brake Assembly For An Off- highway Implement of the Horsch to make the brake spring arranged to apply a spring force on the brake actuator in the brake application direction as taught by Bennett in order to provide the wheel brake acts as an automatic parking brake and fail- safe service brake.
As per claim 10, Horsch discloses wherein the brake actuator (32) is supported in a brake housing (22, Fig: 2) and is movable relative to the brake housing in the brake disengagement direction and the brake application direction (Fig: 2).
As per claim 11, Bennett further discloses wherein the first (56, Fig: 2) and second (68, Fig: 2) pressure chambers are arranged on a side of the brake actuator opposite the spring (70, Fig: 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulically Actuated Brake Assembly For An Off- highway Implement of the Horsch to make the first and second pressure chambers are arranged on a side of the brake actuator opposite the spring as taught by Bennett in order to provide the wheel brake acts as an automatic parking brake and fail- safe service brake.
As per claim 12, Horsch discloses wherein the brake actuator (32, Fig: 2) engages with a braking apparatus that is configured to apply a braking force (via brake piston 46, 48, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2).
As per claim 13, Horsch discloses wherein the braking apparatus includes multiple brake plates arranged to compress multiple brake discs (28, 30, Fig: 2).
As per claim 14, Horsch discloses Hydraulically Actuated Brake Assembly For An Off-highway Implement comprising:
a mobile machine (Fig: 1) comprising:
a frame (12, Fig: 1);
at least one traction device supported on the machine frame (The transmission 16 has drive shafts 18 extending in opposite directions therefrom for independently turning each drive wheel 14, Col: 6, Ln: 10-14, Fig: 1, 2);
a service brake system (20, fig: 2) for a applying a braking force on the at least one traction device (Fig: 2, 8), the service brake system comprising:
at least one brake assembly (20, Fig: 2) including a brake actuator (32, Fig: ) and the brake actuator (32) being movable in a brake application direction and in a brake disengagement direction opposite the brake application direction (brake apply, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2, brake release, Col: 8, Ln: 39-58, Fig: 2), the brake actuator having a first pressure chamber (50, Fig: 2) and a second pressure chamber (60, Fig: 2) with the first and second pressure chambers being fluidly isolated from each other (Fig: 2), the first and second pressure chambers being arranged such that pressurized fluid introduced into the first and second pressure chambers respectively applies a first and a second hydraulic force on the brake actuator in the brake disengagement direction counter to the spring force (Col: 7, Ln: 45-50, Fig: 2);
a first pressurized fluid supply (via line 416, Fig: 2, 8)in communication with the first pressure chamber (50, Fig: 2) for providing pressurized fluid to generate the first hydraulic force (Fig: 2);
a second pressurized fluid supply (426, Fig: 2) in communication with the second pressure chamber (60, Fig: 2) for providing pressurized fluid to generate the second hydraulic force (Fig: 2);
wherein the first pressurized fluid supply (416) and the first pressure chamber (50, Fig: 2) and the second pressurized fluid supply (426) and the second pressure chamber (60, Fig: 2) are configured such that each of the first and second hydraulic forces can each separately offset the spring force and move the brake actuator to a disengaged position (In the illustrated embodiment, brake piston 46 is adapted to apply a compressive axial force to the friction brake members 28 and 30 either independently of or in combination with brake piston 48, that is the first and second hydraulic forces can each separately offset the spring force, brake apply and release procedure, Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2, Col: 8, Ln: 39-58, Fig: 2).
Horsch discloses all the structural elements of the claimed invention but fails to explicitly disclose a brake spring, and the brake spring being arranged to apply a spring force on the brake actuator in the brake application direction.
Bennett discloses Brake Apply and Release Mechanism comprising:
a brake spring (70, The force in spring 70 has moved piston 66 rightwardly as seen in FIG. 2 against push rod 74, which has in turn engaged piston 50 so that a compressive brake apply force is exerted through the pistons and the push rod against the brake pad assembly 44 to mechanically hold the brake in the actuated condition, Col: 4, Ln: 4-10, Fig: 2) and the brake spring being arranged to apply a spring force on the brake actuator ((piston 95, Fig: 2) in the brake application direction (The force exerted by spring 70 is sufficient to hold the brake actuated with enough braking force to meet the parking requirements of the vehicle, Col: 5, Ln: 12-15, Fig: 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulically Actuated Brake Assembly For An Off- highway Implement of the Horsch to make the brake spring being arranged to apply a spring force on the brake actuator in the brake application direction as taught by Bennett in order to provide the wheel brake acts as an automatic parking brake and fail- safe service brake and braking system especially intended for heavy duty materials handling vehicles that eliminates the need for redundant circuit service brake systems.
As per claim 15, Horsch discloses wherein the first hydraulic force is variable by the first pressurized fluid supply and the second hydraulic force is variable by the second pressurized fluid supply (Service brake valve 412 is responsive to manual operation of brake pedal 402L while service brake valve 414 is responsive to operation of brake pedal 402R. Each valve 412 and 414 is preferably configured as a three position valve including an intermediary metering position that serves to modulate the fluid pressure being applied to each brake assembly 20, Col: 15, Ln: 30-37, Fig: 1, 8).
As per claim 16, Horsch discloses a service brake input device that controls the first and second pressurized fluid supplies to vary the first and second hydraulic forces (As will be appreciated, the position of each valve 412 and 414 controls the fluid flow to the cavity 50 of each brake assembly 20 thereby influencing the service brake function of the implement 10. That is, when the service brake is to be applied, the operator operates either and/or both brake pedals 402L, 402R to shift the respective valves 412, 414 to the left, as shown in FIG. 8, thereby allowing pressurized fluid into the brake cavity 50 with sufficient pressure to overcome the effectiveness of the spring release mechanism serving to hold the service brake in a released position, Col: 15, Ln: 38-49, Fig: 2, 8).
As per claim 17, Horsch discloses wherein the brake actuator (32) engages with a braking apparatus (via brake piston 46, 48, Fig: 2) that is configured to apply a braking force to the at least one traction element (Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2).
As per claim 18, Horsch discloses wherein the braking apparatus includes multiple brake plates (28, 30, Fig: 2) arranged to compress multiple brake discs that are connected to the at least one traction element (Fig: 2).
As per claim 19, Horsch discloses a parking brake system that includes a parking brake input device that directs the first and second pressurized fluid supplies (piston 48 acts as a park brake piston that is resiliently biased toward an engaging position with piston 46 by a plurality of equally spaced springs 58, Col: 7, Ln: 39=50, Fig: 2).
As per claim 20, Bennett further discloses wherein the first (56, Fig: 2) and second (68, Fig: 2) pressure chambers are arranged on a side of the brake actuator opposite the spring (70, Fig: 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulically Actuated Brake Assembly For An Off- highway Implement of the Horsch to make the first and second pressure chambers are arranged on a side of the brake actuator opposite the spring as taught by Bennett in order to provide the wheel brake acts as an automatic parking brake and fail- safe service brake.
Response to Arguments
Applicant's arguments filed 06/10/2026 have been fully considered but they are not persuasive.
In page 6 and 7 of REMARK, the applicant argued that "Applicant notes that amended independent claim 1 recites "the first pressurized fluid supply and the first pressure chamber and the second pressurized fluid supply and the second pressure chamber are configured such that each of the first and second hydraulic forces can independently offset the spring force and move the brake actuator to a disengaged position." These limitations, among others recited in amended claim 1, are neither taught nor suggested by the combined art of record”,
“Amended independent claim 9 recites "each of the first and second hydraulic forces is independently variable to modulate a braking force applied by the brake assembly." These limitations, among others recited in amended claim 9, are neither taught nor suggested by the combined art of record” and
“Amended independent claim 14 recites "the first pressurized fluid supply and the first pressure chamber and the second pressurized fluid supply and the second pressure chamber are configured such that each of the first and second hydraulic forces can each separately offset the spring force and move the brake actuator to a disengaged position." These limitations, among others recited in amended claim 14, are neither taught nor suggested by the combined art of record”.
In response to applicant’s arguments the examiner respectfully disagrees. The prior art and teaching reference (Horsch (US - 5,601,160) and further in view of Bennett (US - 3,893,549) disclosed all the limitations recited in independent claims 1, 9 and 14. Additionally, newly add limitations also disclosed in Horsch invention. Horsch discloses “the actuator assembly 32 comprises a pair of axially aligned brake pistons 46 and 48. Both pistons 46, 48 preferably have an annular configuration and are coaxially arranged about and axially displacable along the axis 26 of shaft 18 in housing 22. In the illustrated embodiment, brake piston 46 is adapted to apply a compressive axial force to the friction brake members 28 and 30 either independently of or in combination with brake piston 48’ (Col: 6, Ln: 65 - Col: 7, Ln: 14, Fig: 2, Col: 8, Ln: 39-58, Fig: 2) and further disclose “it will be appreciated that the service piston 46 is movable from a released position to apply a force against the brake members 28, 30 either independently of the action of the brake piston 48 or as a result of the application of the park brake piston 48 thereby imparting a braking force to the shaft 18”, (Col: 8, Ln: 14-19).
It is the first and second hydraulic forces can independently offset the spring force, the first and second hydraulic forces is independently variable to modulate a braking force applied by the brake assembly and of the first and second hydraulic forces can each separately offset the spring force.
Therefore, the rejection of newly amended independent claims 1, 9 and 14 over Horsch (US - 5,601,160) and further in view of Bennett (US - 3,893,549) are proper for the reasons set forth above and maintained the rejection. Claims 2-8, 10-13 and 15-20 depend directly or indirectly on claims 1, 9 and 14, therefore, the rejection over Horsch (US - 5,601,160) and further in view of Bennett (US - 3,893,549) are proper for the reasons set forth above and maintained the rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 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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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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