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 Arguments
Applicant’s arguments with respect to Claim 1-15, 18-28 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. Applicant amended independent Claim 1 to include material previously delineated as potentially allowable, but also removed limitations from the Claim that helped make the marked claims potentially allowable. This effects the scope of the Claim and allows for new grounds of rejections and a Final Rejection.
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 3-4, 7, 9, 10, 12, 13, 18, 23, 26 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.
Regarding Claims 3-4, the limitation “the actuating mechanism” is recited. There is insufficient antecedent basis for this limitation. This limitation was previously established in Claim 1, but was amended out in the most recent amended Claim set received 19th March 2026.
Regarding Claims 4, 7, 9, 10, 12, and 26, the limitation “the receiving space” is recited. There is insufficient antecedent basis for this limitation. This limitation was previously established in Claim 1, but was amended out in the most recent amended Claim set received 19th March 2026.
Regarding Claim 13, the limitation “the other areas” is recited. It is unclear if other areas are intended to refer to all of the previously recited areas of the reservoir such as the fluid space and air space, in which case it should read as such, it is intended to mean all other areas within the reservoir, or it is intended to mean a certain percentage of the other areas of the reservoir. For purposes of examination the limitation “the other areas” will be interpreted as “at least 25% of the reservoir space not included in the collecting area”.
Regarding Claim 18 and 23, the limitation “the tank sealing” is recited. There is insufficient antecedent basis for this limitation.
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.
Claims 1-4, 8-11, 15, 18-20, 25-26, 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 20090120751 A1).
Regarding Claim 1, Lin discloses a hydraulic brake arrangement for an at least partially muscle-powered bicycle, comprising: at least one transmitting unit (A) (see Fig. 1) provided for fluid connection with a receiving unit; wherein the transmitting unit (10) comprises a brake lever (20) and a cylinder housing (40) with a cylinder space (41), and a piston unit (50) displaceably received in the cylinder space (41), and at least one equalizing reservoir device (R) (see Annotated Fig. 4, below) for a hydraulic fluid; wherein the at least one equalizing reservoir device (R) comprises a tank space (31) and at least one filling mouth (35) for filling in the hydraulic fluid; and wherein at least one membrane unit (33) is disposed in the tank space (31), subdividing the tank space (31) into a fluid space (A1) (see Annotated Fig. 4 below) for the hydraulic fluid and an air space (B1) sealed against the fluid space (A1); wherein at least one duct connection (46, 47) is configured between the fluid space (A1) and the cylinder space (41); and wherein the air space (B1) is connected with atmosphere through at least one vent opening (C1), so as to enable pressure compensation between the air space (B1) and atmosphere; and wherein, when the membrane unit (33) is mounted, the filling mouth (35) is in fluid connection with the fluid space (A1); wherein the equalizing reservoir device (R) comprises at least one tank trough (D1) and at least one cover (E1), and wherein the tank trough (D1) and the cover (E1) are mounted to one another; and wherein the vent opening (C1) is configured in the bottom in the tank trough (D1), and wherein the filling mouth (35) is configured in the cover (E1) (see Fig. 1, Fig. 3, Fig. 4, Annotated Fig. 4 below).
It should be noted the limitation “bottom” as recited above is broad and can be applied in a number of ways in the present case.
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Annotated Fig. 4
Regarding Claim 2, Lin discloses wherein a base body (10) is configured integrally, and wherein the cylinder housing (40) is an integral component of the base body, and wherein the vent opening (C1) extends in the base body (10) (see [0016], Fig. 4, Annotated Fig. 4 above).
Regarding Claim 3, Lin discloses wherein an imaginary elongation of a longitudinal axis of the vent opening (C1) intersects a connecting rod device (52) of the actuating mechanism (24) (see Fig. 4, Annotated Fig. 4 above, Annotated Fig. 4 (2) below).
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Annotated Fig. 4 (2)
Regarding Claim 4, Lin discloses wherein a cam body (24) is at least partially accommodated in the receiving space (12), wherein a connecting rod device (52) is pivotally linked to the cam body (24) (see Fig. 3).
Regarding Claim 8, Lin discloses wherein the vent opening (C1) and the duct connection (46, 47) have longitudinal axes extending in a shared plane (see Fig. 4, Annotated Fig. 4 above).
Regarding Claim 9, Lin discloses wherein an imaginary axial elongation of the cylinder space (41) extends through the receiving space (12) (see Fig. 3).
Regarding Claim 10, Lin discloses wherein the equalizing reservoir (R) device is disposed above the cylinder space (41) and the receiving space (12), and wherein the equalizing reservoir device (R) and the cylinder space (41) and/or the receiving space (12) have longitudinal axes which extend in a shared plane (see Fig. 4, Annotated Fig. 4 above).
Regarding Claim 11, Lin discloses wherein the filling mouth (35) is also configured as a deaeration opening for deaerating a hydraulic circuit, and wherein deaeration is possible when the membrane unit is mounted as intended (see Fig. 3, Fig. 4).
Regarding Claim 12, Lin discloses wherein the air space (B1) is disposed beneath the membrane unit (33), and the fluid Space (A1), above the membrane unit (33), and the receiving space (12), beneath the air space (B1) and the fluid space (A1), when the transmitting unit (A) is mounted to the handlebar as intended (see Fig. 1, Fig. 4). It should be noted when the transmitting unit is mounted as intended in figure 1, or at a steeper downward angle, there will always be a portion of the air space beneath the fluid space and the receiving space beneath, further definition of relative terms beneath and limitation “mounted as intended” within the claim may be looked upon favorably in examination.
Regarding Claim 13, Lin discloses wherein the equalizing reservoir device (R) has a longitudinal axis which is inclined to the horizontal, such that the equalizing reservoir device (R) has at least one collecting area for air, which is higher than the other areas of the equalizing reservoir device, when the transmitting unit is mounted to the handlebar as intended, and wherein the filling mouth (35) is disposed in the collecting area of the equalizing reservoir device (R) (see Fig.1, Fig. 4). It should be noted, similar to Claim 12 above, when the transmitting unit is mounted as intended in figure 1, or at a steeper downward angle, there will always be a portion of the “collecting area” that is “higher” than “the other areas” of the equalizing reservoir device, further definition of the relative terms “higher” and “mounted as intended” may be looked upon favorably in examination.
Regarding Claim 14, Lin discloses wherein the duct connection and the filling mouth are disposed on end portions of the equalizing reservoir device opposite each other in the longitudinal direction (see Fig. 4).
Regarding Claim 15, Lin discloses wherein the vent opening (C1) and the filling mouth (35) have longitudinal axes extending in a shared plane (see Fig. 3, Fig. 4, Annotated Fig. 4 above).
Regarding Claim 18, Lin discloses wherein the tank trough (D1) provides at least one receiving groove for the tank sealing, and wherein the tank trough (D1) and the cover (E1) are spaced apart in the region of the receiving groove in the mounted state as intended, such that the tank sealing is accommodated shear-proof (see Fig. 4, Annotated Fig. 4 (3) below).
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Annotated Fig. 4 (3)
Regarding Claim 19, Lin discloses wherein the membrane unit comprises (33) a membrane component (333) provided for spreading between the fluid space (A1) and the air space (B1), and wherein the membrane component (333) is an integral component of the membrane unit (33), and wherein the membrane unit (33) comprises at least one arcuate connection member, and wherein the connection member biases the membrane component at least in sections against the bottom of the equalizing reservoir device (see Fig. 4, Annotated Fig. 4 above, Annotated Fig. 4 (4) below).
Regarding Claim 20, Lin discloses wherein the membrane component (333) is configured bulged above the vent opening (C1), such that the membrane component (333) at least in this place is disposed spaced apart from the bottom of the equalizing reservoir device (see Fig. 3, Fig. 4, Annotated Fig. 4 (4) below).
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Annotated Fig. 4 (4)
Regarding Claim 25, Lin discloses wherein the membrane unit is configured integrally (see Fig. 3).
Regarding Claim 26, Lin discloses wherein the duct connection (46, 47) has a longitudinal axis extending transverse to a shared longitudinal axis of the equalizing reservoir device (R) and the cylinder space (41) and the receiving space (12) (see Fig. 3, Fig. 4, Annotated Fig. 4 above).
Regarding Claim 28, Lin discloses a hydraulic brake arrangement for an at least partially muscle-powered bicycle, comprising: at least one transmitting unit (A) (see Fig. 1) provided for fluid connection with a receiving unit; wherein the transmitting unit (A) comprises a brake lever (20) and a cylinder housing (40) with a cylinder space (41), and a piston unit (50) displaceably received in the cylinder space (41), and at least one equalizing reservoir device (R) (see Annotated Fig. 4 above) for a hydraulic fluid; wherein the at least one equalizing reservoir device (R) comprises a tank space (31) and at least one filling mouth (35) for filling in the hydraulic fluid; and wherein at least one membrane unit (33) is disposed in the tank space (31), subdividing the tank space (31) into a fluid space (A1) for the hydraulic fluid and an air space (B1) sealed against the fluid space (A1); wherein at least one duct connection (46, 47) is configured between the fluid space (A1) and the cylinder space (41); wherein the air space (B1) is connected with atmosphere through at least one vent opening (C1), so as to enable pressure compensation between the air space (C1) and atmosphere; wherein, when the membrane unit (33) is mounted, the filling mouth (35) is in fluid connection with the fluid space (41); wherein the membrane unit (33) comprises a membrane component (333) provided for spreading between the fluid space (A1) and the air space (B1); wherein the membrane component (333) is an integral component of the membrane unit (33); wherein the membrane unit (333) comprises at least one arcuate connection member; and wherein the connection member biases the membrane component at least in sections against the bottom of the equalizing reservoir device (see Fig. 1, Fig. 3, Fig. 4, Annotated Fig. 4 above).
Claim Rejections - 35 USC § 103
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.
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.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20090120751 A1) in view of Ruckh (US 20080060885 A1).
Regarding Claim 5, Lin discloses the brake arrangement of Claim 4.
Lin does not disclose wherein the connecting rod device is linked to the cam body for pivoting around a connecting rod pivot axis, and wherein the connecting rod pivot axis and the longitudinal axis of the vent opening extend in one shared plane.
Ruckh teaches an equalizing reservoir device (14) that is attached to the base body (20) in such an orientation that the connecting rod device is linked to the cam body for pivoting around a connecting rod pivot axis, and wherein the connecting rod pivot axis and the longitudinal axis of the vent (32) opening extend in one shared plane (both axis extend parallel to each other out of the page, and hence share a plane where they both extend on) (see Fig. 1, Fig. 2).
It would have been obvious to combine the teaching of placing in a reservoir in such an orientation to the connecting rod pivot axis of Ruckh with the brake arrangement of Lin in order to make it easier to bleed and fill hydraulic fluid into the reservoir (see US 20080060885 A1 [Ruckh]; [0008], [0015]).
Regarding Claim 6, Ruckh teaches teaches an equalizing reservoir device (14) that is attached to the base body (20) in such an orientation that the brake lever (6) is linked to a lever accommodation for pivoting around a brake lever pivot axis, and wherein the vent opening (32) has a longitudinal axis which lies in one plane with the brake lever pivot axis (both axis extend parallel to each other out of the page, and hence share a plane where they both extend on) (see Fig. 1, Fig. 2).
Regarding Claim 7, Lin discloses wherein the brake lever pivot axis extends though the receiving space. The teaching of Lin modified by Ruckh would teach the brake arrangement of Claim 6.
Claims 27 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20090120751 A1) in view of Nakai (US 20190039679 A1).
Regarding Claim 27, Lin discloses the brake arrangement according to claim 1, wherein there are at least one equalizing hole (46) and at least one lubrication hole (47), and wherein the equalizing hole (46) and the at least one lubrication hole (47) comprise longitudinal axes extending in a shared plane (see Fig. 4).
Lin does not disclose a central duct being divided into these two holes.
Nakai teaches an equalizing reservoir wherein the duct connection comprises a central duct (P) (see Annotated Fig. 7 below), which is subdivided into at least one equalizing hole (64) and at least one lubrication hole (66), and wherein the central duct (P) and at least one of the at least one equalizing holes (64) and at least one of the at least one lubrication holes (66) comprise longitudinal axes extending in a shared plane (see Annotated Fig. 7 below).
It would have been obvious to combine the central duct opening into the lubrication and equalization holes of Nakai with the braking arrangement of Lin in order to optimize space and maintain a compact profile hydraulic brake mechanism (see US 20190039679 A1 [Nakai]; 3: 8-34).
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Annotated Fig. 7
Allowable Subject Matter
Claim 21 is 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. Accordingly, Claims 22 and 24 are also potentially allowable based on their dependance on Claim 21.
Claim 23 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.
Regarding Claim 21, Lin does not disclose wherein the duct connection extends from the fluid space through a cover of the equalizing reservoir device and through the base body to the cylinder space and wherein the cover and the base body are circumferentially mounted to one another around the duct connection, sealed by means of a duct sealing, and wherein the duct sealing is an integral component of the membrane unit.
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 Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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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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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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