DETAILED ACTION
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 § 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 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel et al. (US 2014/0291080 A1) in view of Sugai et al. (US 2014/0060983 A1).
Re claims 1 and 9, Apfel et al. teach a handheld work apparatus comprising: a tool (1); a brake unit (12,13) for said tool; said brake unit including a brake band (13) and a brake drum, said brake band being wrapped around said brake drum; said brake unit being configured such that, during braking, a band friction surface of said brake band is in contact with a drum friction surface of said brake drum such that said brake band and said brake drum form friction partners; and, wherein at least one of said drum friction surface and said band friction surface is formed, before a first braking operation, on a wear layer (21).
Apfel does not teach a wear layer having a thickness from 0.5 micrometers to 3 micrometers. Sugai et al. teaches a wear layer for a tool ([0004]) comprising a wear layer having a thickness from 0.5 micrometers to 3 micrometers. ([0042]) It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the wear layer as taught by Sugai et al. in the apparatus of Apfel et al. to improve wear resistance. ([0041])
Further, Apfel teaches wherein the brake band consists of steel. ([0041]) However, Apfel does not explicitly teach wherein the brake band has a base body which includes spring steel. Since the brake band would require flexibility to be functional, it would have been obvious to one of ordinary skill in the art before the effective filing date to form the brake band to include spring steel.
Claims 2, 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Apfel et al. (US 2014/0291080 A1) in view of Sugai et al. (US 2014/0060983 A1) and further in view of Byers (3033326).
Re claims 2 and 12, Apfel et al. as modified do not teach wherein said wear layer includes at least one of Fe2O3 and FeO. Byers teaches a wear layer including at least one of Fe2O3 and FeO. (Column 4, lines 30-36) It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the wear layer as taught by Byers in the invention of Apfel et al. in order to minimize sensitivity and grab. (Column 1, lines 44-50)
Further re claim 12, Apfel teaches wherein the brake band consists of steel. ([0041]) However, Apfel does not explicitly teach wherein the brake band has a base body which includes spring steel. Since the brake band would require flexibility to be functional, it would have been obvious to one of ordinary skill in the art before the effective filing date to form the brake band to include spring steel.
Re claims 4, Apfel et al. as modified teaches wherein said drum friction surface has said wear layer (21); and, said brake drum (12) has a base body (20). Apfel et al. as modified do not teach wherein includes sintered steel. Byers teaches wherein a base body includes sintered steel. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the sintered steel of Byers in the invention of Apfel et al. to reinforce the friction material. (Column 3, lines 13-22)
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Stehle et al. (US 2008/0289924) in view of Uehara et al. (WO 02066853 A1) and further in view of Apfel et al. (US 2014/0291080 A1).
Re claim 1, Stehle et al. teach a handheld work apparatus comprising: a tool (1); a brake unit (12,13) for said tool; said brake unit including a brake band (13) and a brake drum, said brake band being wrapped around said brake drum; said brake unit being configured such that, during braking, a band friction surface of said brake band is in contact with a drum friction surface of said brake drum such that said brake band and said brake drum form friction partners; and, wherein at least one of said drum friction surface and said band friction surface is formed, before a first braking operation, on a wear layer (21).
Stehle does not teach a wear layer having a thickness from 0.5 micrometers to 3 micrometers. Uehara et al. teaches a wear layer for a brake comprising a wear layer having a thickness from 0.5 micrometers to 3 micrometers. (Abstract) It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the wear layer as taught by Uehara et al. in the apparatus of Stehle et al. to improve corrosion resistance. (Abstract)
Stehle does not teach wherein the brake band has a base body which includes spring steel. Apfel teaches wherein the brake band consists of steel. ([0041]) However, Apfel does not explicitly teach wherein the brake band has a base body which includes spring steel. Since the brake band would require flexibility to be functional, it would have been obvious to one of ordinary skill in the art before the effective filing date to form the brake band to include spring steel.
Re claim 3, Stehle et al. as modified teach wherein said wear layer includes phosphate. (Abstract)
Allowable Subject Matter
Claims 6-8 and 13-15 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 9 and 11 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, and 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/MELANIE TORRES WILLIAMS/
Primary Examiner
Art Unit 3616
MTW
August 3, 2026
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