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 § 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.
Claim(s) 1-9 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 6,460,660 to Shaw et al.
Regarding Claim 1, Shaw et al disclose a drum brake assembly 10 (see Figure 1) having all the features of the instant invention including: first and second brake pad assemblies 24, and a wear sensor device 48 that comprises: a plunger 60 (note that element 60 acts like a plunger device with its movement within sleeve 54) that is coupled to the first brake pad assembly (see Figure 1 and the left brake pad assembly 24), a sleeve 54 that is coupled to the second brake pad assembly (see Figure 1 and the right brake pad assembly 24), wherein the plunger 60 is movable with respect to the sleeve 54 (see column 4 lines 10-38 and column 4 line 62 – column 5 line 11), and a sensor 58 that provides a signal indicative of a position of the plunger 60 with respect to the sleeve 54 (see column 4 line 62 – column 5 line 11).
Regarding Claim 2, Shaw et al further disclose that the sensor 58 is disposed on the sleeve 54 (at least to the same extent as applicant’s) and the plunger 60 is movable with respect to the sensor 58 (see Figure 2 and column 4 line 62 – column 5 line 11).
Regarding Claim 3, Shaw et al further disclose that the sleeve 54 further comprises a sleeve hole (see Figure 2 and the cavity within sleeve 54 which houses element 60) and the plunger 60 is at least partially disposed within the sleeve hole (see Figure 2).
Regarding Claim 4, Shaw et al further disclose that the plunger 60 is movable with respect to the sleeve 54 when the first and second brake pad assemblies 24 are actuated away from each other (see column 4 line 62 – column 5 line 11).
Regarding Claim 5, Shaw et al further disclose that the plunger 60 does not move with respect to the sleeve 54 when the first and second brake pad assemblies 24 are retracted toward each other (i.e., such as when motor 56 is not energized).
Regarding Claim 6, Shaw et al further disclose that the wear sensor device 48 further comprises a first mount (see Figure 2 and the left end of sensor device 48) that extends from the first brake pad assembly (i.e., left brake pad assembly 24), wherein the first mount further comprises a first mount hole (see Figure 2 and the left open end/hole in device 48), and the plunger (i.e., the rod of plunger portion 60) extends through the first mount hole (see Figure 2 and column 4 lines 10-20).
Regarding Claim 7, Shaw et al further disclose that the plunger 60 further comprises an enlarged head (at the screw portion of element 60) that is sized not to pass through the first mount hole (see Figure 2), wherein the enlarged head is engageable with a side of the first mount that faces away from the sleeve 54 (see Figure 2).
Regarding Claim 8, Shaw et al further disclose that the plunger 60 extends along a wear sensor device axis (see Figure 2 and the longitudinal axis extending along sensor device 48), the enlarged head is disposed at a first end of the plunger 60 (i.e., at the end nearest element numeral 57),and the first mount hole (i.e., the open end of element 48) is axially positioned between the enlarged head and the sleeve (i.e., the right end of the sleeve 54 as shown in Figure 2).
Regarding Claim 9, Shaw et al further disclose that the sleeve 54 further comprises a sleeve hole (see Figure 2 and the cavity within the sleeve 54 housing element 60), the plunger 60 further comprises a core (i.e., the screw portion of element 60) that is received in the sleeve hole (see Figure 2), and the signal generated by the sensor 58 is indicative of a position of the core 60 with respect to the sensor 58 (see column 4 line 62 – column 5 line 11).
Regarding Claim 16, Shaw et al further disclose that the plunger 60 further comprises a core (see Figure 2 and the screw portion of element 60) that is received inside the sleeve 54 (see Figure 2), the wear sensor device 48 further comprises a second mount 50 that couples the sleeve 54 to the second brake pad assembly (see Figure 2 and the right brake pad assembly), and the sleeve 54 further comprises a free end (i.e., the left end of sleeve 54 in Figure 2) that is disposed opposite the second mount 50, wherein the core is positioned closer to the free end of the sleeve 54 as thickness of the friction material of the first brake pad assembly (i.e., left pad assembly 24) decreases.
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.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 6,460,660 to Shaw et al.
Regarding Claim 17, Shaw et al do not disclose that the sensor is a linear variable differential transformer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the sensor of Shaw et al to be a linear variable differential transformer as a matter of design preference dependent upon the desired size of the sensor, operating constraints of the sensor, and sensor accuracy.
Regarding Claim 18, Shaw et al further disclose that the drum brake assembly 10 comprises an element 40 that actuates the first and second brake pad assemblies and wherein the axis of this element intersects the wear sensor device 48 (see Figure 2).
However, Shaw et al do not disclose that the drum brake assembly further comprises a camshaft that is rotatable about a camshaft axis to actuate the first and second brake pad assemblies, as well as the camshaft axis intersecting the wear sensor device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the drum brake assembly of Shaw et al to comprises a camshaft that is rotatable about a camshaft axis to actuate the first and second brake pad assemblies, as well as the camshaft axis intersecting the wear sensor device as an alternate means of initiating braking. A drum brake camshaft assembly is a well-known type of brake actuator within drum brake assemblies and would not be beyond the realm of one of ordinary skill in the art to employ.
Regarding Claim 19, Shaw et al further comprise portions 42 that engage the first and second brake pad assemblies, respectively, and a portion 40 that actuates the first and second brake pad assemblies 24, wherein the portion 40 further comprises a means (i.e., the pistons) that engages with the first and second portions 42 (see Figure 1), and the wear sensor device 48 extends across the means (see Figure 2).
However, Shaw et al do not disclose first and second cam rollers that engage the first and second brake pad assemblies, respectively, and a camshaft that is rotatable about a camshaft axis to actuate the first and second brake pad assemblies, wherein the camshaft further comprises a cam that engages the first and second cam rollers and the wear sensor device extends across the cam.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the brake drum assembly of Shaw et al to comprise first and second cam rollers that engage the first and second brake pad assemblies, respectively, and a camshaft that is rotatable about a camshaft axis to actuate the first and second brake pad assemblies, wherein the camshaft further comprises a cam that engages the first and second cam rollers and the wear sensor device extends across the cam as an alternate means of initiating braking. Again, a drum brake cam roller, camshaft, and cam assembly is a well-known type of brake actuator actuator within drum brake assemblies and would not be beyond the realm of one of ordinary skill in the art to employ.
Regarding Claim 20, Shaw et al, as modified, further disclose that the wear sensor device 48 extends across the portions 42 which would equate to the first and second cam rollers addressed above.
Allowable Subject Matter
Claims 10-15 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 3,339,676 to Quinn, U.S. Patent No. 3,740,566 to Newstead, and European Patent No. 3971441 to Sakhare et al all disclose drum brake assemblies similar to applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA RODRIGUEZ whose telephone number is (571)272-7122. The examiner can normally be reached Monday - Thursday 7 AM - 5 PM.
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PAMELA RODRIGUEZ
Primary Examiner
Art Unit 3616
/PAMELA RODRIGUEZ/ Primary Examiner, Art Unit 3616 02/02/26