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 1-8 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 independent claim 1, the phrase “wherein, one end of the connecting rod extends into the adjustable chamber and forms a driving connection with the piston rod” is indefinite because the claim defines that the “an adjustable chamber is arranged in the connecting rod,” thereby rendering it unclear how the “connecting rod extends into the adjustable chamber” when the connecting rod forms the adjustable chamber itself.
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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai et al. (US 7,857,112).
Regarding independent claim 1, Tsai discloses a hydraulic brake with travel adjustment mechanism (see Abstract, FIGS. 5-7), comprising: a brake body (10) in which a pressure cylinder (11) is arranged (see FIG. 6); a piston rod (20) movably inserted into the pressure cylinder (see col. 3, lines 22-27); a lever (50) rotatably connected to one end of the brake body (via (71) and forming a driving connection with the piston rod while being subjected to an external force (see col. 3, lines 22-27); a spring (40) that exerts force on the piston rod to maintain the piston rod in an initial position relative to the pressure cylinder when the lever is not subjected to an external force (see col. 3, lines 44-47); a brake hose (see e.g. FIG. 2, showing brake hose connected to cylinder outlet) connected to the other end of the brake body and communicated with the pressure cylinder (see FIGS. 2, 6); and a connecting rod (62), one end of which is connected with the lever (via (61)), and the other end of which is arranged in the pressure cylinder to form a driving connection with the piston rod (see FIG. 6); wherein, the pressure cylinder is internally provided with a limiting component (14), which interacts with the connecting rod to limit the connecting rod detachment from the pressure cylinder when the lever is not subjected to an external force (see col. 3, lines 10-11; FIG. 6); characterized in that: an adjustable chamber (64) is arranged in the connecting rod (see FIGS. 5, 6), and an adjustment element (65) passes through the adjustable chamber (see FIGS. 5, 6); wherein, one end of the connecting rod extends into the adjustable chamber and forms a driving connection with the piston rod (see FIG. 6); when in use, the adjustment element can move relative to the adjustable chamber under an external force (see col. 4, lines 7-10), thereby driving the piston rod to move forwards or backwards relative to the pressure cylinder (see col. 4, lines 7-10), so as to adjust the initial position of the piston rod relative to the pressure cylinder (see col. 4, lines 7-10); and after the adjustment is completed, the adjustment element can maintain the initial position after the movement (see col. 4, lines 7-10).
Regarding claim 2, Tsai discloses that a connection structure is arranged between the adjustment element and the adjustable chamber (see col. 4, lines 3-6), which allows the adjustment element to be movably connected with the adjustable chamber (see col. 4, lines 3-10).
Regarding claim 3, Tsai discloses that the connection structure comprises threads respectively arranged on an outer side of the adjustment element and an inner wall of the adjustable chamber (see col. 4, lines 3-10), enabling a threaded connection between the adjustment element and the adjustable chamber (see col. 4, lines 3-10).
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 4-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al. (US 7,857,112) in view of Grauss (DE 10 2021 108 983) (machine translation attached).
Regarding claim 4, Tsai discloses that the adjustable chamber further comprises a first opening and a second opening arranged on a surface of the connecting rod (see FIGS. 5, 6); wherein, one end (651)of the adjustment element extends through the first opening and forms a driving connection with the piston rod (see FIG. 6).
Tsai does not disclose an external force can be applied to the adjustment element through the second opening to cause the adjustment element to move relative to the adjustable chamber. Rather, Tsai discloses that the adjustment element extends outside of the adjustable chamber.
Grauss teaches a hydraulic brake with travel adjustment mechanism (see FIGS. 1-3; ¶ 0004) comprising a connecting rod (24) having an adjustable chamber (33), and an adjusting element (21), wherein the adjustable chamber further comprises a first opening and a second opening arranged on a surface of the connecting rod (see FIGS. 2, 3), an external force can be applied to the adjustment element through the second opening to cause the adjustment element to move relative to the adjustable chamber (see FIGS. 2, 3).
It would have been obvious to configure the adjustment element of Tsaid to be located within the adjustable chamber of the connecting rod, as taught by Grauss, to provide a compact configuration without any protrusions (see e.g. Grauss, machine translation, ¶ 0016), thereby protecting the adjustment element from being damaged and/or preventing the adjustment element from being inadvertently rotated.
Regarding claim 5, Grauss teaches that the adjustment element comprises a head (22), a shaft (21) and a tail (21); the head extends from the first opening and forms a connection with the piston rod (see FIG. 2), the shaft is movably connected to the adjustable chamber through the connection structure (see FIGS. 2, 3), and the tail is positioned near the second opening (see FIGS. 2, 3).
Regarding claim 6, Grauss teaches that one side of the piston rod is provided with a recess (see FIGS. 2, 3; recess receiving head (22) of adjustment element), and the head of the adjustment element is inserted into and abutted with the recess (see FIGS. 2, 3); wherein a bottom surface of the recess is semicircular (see FIGS. 2, 3), and the corresponding head of the adjustment element is provided with a fitting spherical surface (see FIGS. 2, 3).
Regarding claim 8, Tsai does not disclose that the lever is fixedly connected to a fixed shaft, and the fixed shaft has a through-hole; wherein one end of the connecting rod passes through the through-hole, and both an outer surface of the connecting rod and an inner wall of the through-hole are threaded to achieve a threaded connection between the connecting rod and the through-hole.
Grauss teaches a hydraulic brake with travel adjustment mechanism (see FIGS. 1-3; ¶ 0004) comprising a lever (10), a connecting rod (24) having an adjustable chamber (33), and an adjusting element (21), wherein the lever is fixedly connected to a fixed shaft (25), and the fixed shaft has a through-hole (see FIGS. 2, 3); wherein one end of the connecting rod passes through the through-hole (see FIGS. 2, 3), and both an outer surface of the connecting rod and an inner wall of the through-hole are threaded to achieve a threaded connection between the connecting rod and the through-hole (see ¶ 0040).
It would have been obvious to configure the lever of Tsai to have the connecting rod with threaded hole to provide a telescopic adjustment mechanism that provides a compact design that does not protrude from the lever (see e.g. Grauss, ¶ 0040).
Allowable Subject Matter
Claim 7 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
February 9, 2026