Prosecution Insights
Last updated: April 19, 2026
Application No. 18/542,667

TOWER LIFT

Non-Final OA §103
Filed
Dec 16, 2023
Examiner
TRUONG, MINH D
Art Unit
3654
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Semes Co. Ltd.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
91%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
478 granted / 716 resolved
+14.8% vs TC avg
Strong +24% interview lift
Without
With
+23.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
36 currently pending
Career history
752
Total Applications
across all art units

Statute-Specific Performance

§103
45.3%
+5.3% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 resolved cases

Office Action

§103
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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggests the title includes aspect of the brake. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 216, 242, and 244. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second braking body is connected to a widest surface of the second support body through a second elastic member of claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osada (US 5,363,942) in view of Fauconnet et al. (US 2020/0198931 A1). Osada discloses a tower lift comprising: Re claim 1, a rail module (2) extending in a vertical direction; a carriage module (3) that is movable in a magnetic levitation manner (spec describes a self running elevator driven by a “linear motor”) along the rail module; and a braking device (fig. 1) configured to move integrally with the carriage module along the rail module, wherein the braking device comprises: a first braking body (14) configured to prevent the carriage module from falling through selective contact with the rail module (14 is wedged in between 13 to contact with 2); an elastic member (40) configured to apply an upward elastic force (40 is described as a compression coil spring configured to bias 14 upward) to the first braking body; and an actuator (35-37) configured to urge the first braking body downward through a rotation shaft connection structure (36) connected to the first braking body. Re claim 2, wherein, when power (power is construed as the pulling force of 34) is supplied to the actuator, the upward elastic force applied by the elastic member to the first braking body is balanced by a sum of a force by which the actuator pulls the first braking body downward through the rotation shaft connection structure and a weight of the first braking body (col 5 ln 40-45). Re claim 3, wherein, when power to the actuator is cut off, the elastic member is configured to move the first braking body in an inclined direction with respect to the vertical direction to cause the first braking body to contact the rail module (col 6 ln 13-24). Re claim 4, further comprising a support body (13) that contacts an inclined surface of the first braking body and provides a path (path along 13a) for the first braking body (fig. 1). Re claim 5, further comprising a support block (11c) provided below the first braking body and protruding toward the rail module, wherein, when power is supplied to the actuator, an upper surface of the support block is in contact with at least a portion of a lower surface of the first braking body to define a lowest vertical level at which the first braking body can operate (the modification in view of Fauconnet would place the elastic member at the top therefore 14 would abut against 11c). Re claim 6, further comprising a second braking body (fig. 1 shows braking bodies, both labeled as 14, on either side of 2) spaced apart from the first braking body and arranged to face the first braking body with the rail module in between (fig. 1), wherein the second braking body selectively contacts the rail module to prevent the carriage module from falling. Re claim 7, wherein the second braking body is connected to the first braking body by a connecting member (41) and is configured to move integrally with the first braking body. Re claim 8, wherein, when power to the actuator is cut off, the elastic member is configured to move the first braking body in an inclined direction (direction defined by 13a) with respect to the vertical direction to cause the second braking body to move integrally with the first braking body to contact the rail module (both braking body 14s function in the same manner and move integrally). Re claim 9, wherein the first braking body comprises a braking pad (Examiner takes official notice that this is known in the art) configured to be movable in an inclined direction with respect to the vertical direction, and disposed on a side of the first braking body facing the rail module (the pad would line the surface of 14 and moves with 14 to engage with 2). Re claim 10, wherein two braking devices (fig. 1 shows two 14s) are provided, the rotation shaft connection structure is connected to each of the two braking devices (fig. 1 shows two 37s), and the actuator is configured to drive the two braking devices through the rotation shaft connection structure (fig. 3). Re claim 11, a tower lift comprising: a rail module (2) extending in a vertical direction; a carriage module (3) that is movable in a magnetic levitation manner (spec describes a self running elevator driven by a “linear motor”) along the rail module; and a braking device (fig. 1) configured to move integrally with the carriage module along the rail module, wherein the braking device comprises: a first braking body (fig. 1: left 14) configured to prevent the carriage module from falling through selective contact with the rail module (14 is wedged in between 13 to contact with 2); a first elastic member (fig. 1: left 40) configured to apply an upward elastic force (40 is described as a compression coil spring configured to bias 14 upward) to the first braking body; a first support body (fig. 1: left 13) that contacts an inclined surface of the first braking body (contacts vis 16) and provides a path (path defined along 13c) for the first braking body; a second support body (fig. 1: right 13) spaced apart from the first support body with the rail module positioned therebetween; and an actuator (35-37) configured to urge the first braking body downward through a rotation shaft connection structure (36) connected to the first braking body. Re claim 12, further comprising a second braking body (fig. 1: right 14) disposed on a widest side of the second support body, wherein the second braking body is connected to a widest surface of the second support body through a second elastic member (fig. 1: right 40) having a preset elastic coefficient (elastic coefficient of coil spring 40). Re claim 13, wherein, when power to the actuator is cut off, the first elastic member is configured to move the first braking body in an inclined direction with respect to the vertical direction to cause the first braking body to contact the rail module (col 6 ln 13-24). Re claim 14, wherein, when a first braking pad (Examiner takes official notice that this is known in the art) of the first braking body contacts the rail module, the second support body moves toward the rail module so that a second braking pad (Examiner takes official notice that this is known in the art) of the second braking body contacts the rail module (the inclined surface 13a would guide both the first braking pad and second braking pad to engage with 2). Re claim 15, wherein the first braking body comprises a first braking pad (Examiner takes official notice that this is known in the art) configured to be movable in an inclined direction (direction defined by 13a) with respect to the vertical direction, and disposed on a side of the first braking body facing the rail module, wherein the second braking body comprises a second braking pad (Examiner takes official notice that this is known in the art) configured to be movable toward the rail module and disposed on a side of the second braking body facing the rail module (the inclined surface 13a would guide both the first braking pad and second braking pad to engage with 2). Re claim 16, wherein, when the first braking body stops the carriage module from falling, the second support body moves toward the rail module (the inclined surface 13a would guide both the first braking pad and second braking pad to engage with 2). Re claim 17, wherein, when power (power is construed as the pulling force of 34) is supplied to the actuator, the upward elastic force applied by the elastic member to the first braking body is balanced by a sum of a force by which the actuator pulls the first braking body downward through the rotation shaft connection structure and a weight of the first braking body (col 5 ln 40-45). Re claim 18, wherein two braking devices (fig. 1 shows two 14s) are provided, the rotation shaft connection structure is connected to each of the two braking devices (fig. 1 shows two 37s), and the actuator drives the two braking devices through the rotation shaft connection structure (fig. 3). Re claim 19, a rail module (2) extending in a vertical direction; a carriage module (3) that is movable in a magnetic levitation manner (spec describes a self running elevator driven by a “linear motor”) along the rail module; and a braking device (fig. 1) configured to move integrally with the carriage module along the rail module, wherein the braking device comprises: a first braking body (fig. 1: left 14) configured to prevent the carriage module from falling through selective contact with the rail module; an elastic member (40) configured to apply an upward elastic force to the first braking body (40 is described as a compression coil spring configured to bias 14 upward); a support body (13) that contacts an inclined surface of the first braking body (contacts via 16) and provides a path (defined by 13a) for the first braking body; a support block (11c) provided below the first braking body and protruding toward the rail module; a second braking body (fig. 1: right 14) spaced apart from the first braking body and arranged to face the first braking body with the rail module in between, and comprising a braking pad (Examiner takes official notice that this is known in the art) disposed on a side of the second braking body facing the rail module (the pad would line the surface of 14 and moves with 14 to engage with 2) and configured to be movable in an inclined direction with respect to the vertical direction (fig. 1); a connecting member (41) configured to connect the first braking body to the second braking body so that the first and second braking bodies move integrally with each other; and an actuator (35-37) configured to urge the first braking body downward through a rotation shaft (36) connected to the first braking body, wherein two braking devices (fig. 1 shows two 14s) are provided, the rotation shaft is connected to each of first braking bodies of the two braking devices (fig. 1 shows two 37s), and the actuator is configured to drive the two braking devices (fig. 3), wherein, when power (power is construed as the pulling force of 34) is supplied to the actuator, an upper surface of the support block is in contact with at least a portion of a lower surface of the first braking body to define a lowest vertical level at which the first braking body can operate (the modification in view of Fauconnet would place the elastic member at the top therefore 14 would abut against 11c). Re claim 20, wherein, when power (power is construed as the pulling force of 34) is supplied to the actuator, the upward elastic force applied by the elastic member to the first braking body is balanced by a force by which the actuator pulls the first braking body downward through the rotation shaft (col 5 ln 40-45), wherein, when power to the actuator is cut off, the elastic member moves the first braking body in an inclined direction (direction defined by 13a) with respect to the vertical direction to cause the first braking body to contact the rail module (col 6 ln 13-24), the elastic member moves the first braking body in an inclined direction with respect to the vertical direction to cause the second braking body to move integrally with the first braking body to contact the rail module (the inclined surface 13a would guide both the first braking pad and second braking pad to engage with 2), and the second braking body is configured to selectively contact the rail module to prevent the carriage module from falling (the vertical position of the second braking body 14 relative to 13 would selectively engage with 2). Osada does not disclose: Re claims 1, 11, 19, the elastic member provided above the first braking body; and the actuator provided below the first braking body and configured to pull the first braking body downward through a rotation shaft connection structure connected to the first braking body. However, Fauconnet teaches: Re claims 1, 11, 19, the actuator (334,336) provided below the first braking body (340) and configured to pull the first braking body downward (fig. 3A shows 336 pulling 340 downward to prevent it from rising up) through a rotation shaft connection structure (336) connected to the first braking body. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to rearrange the elastic member from the bottom to the top of the braking body to allow for the wedge braking body to move further away from the rail module during a resetting operation due to the longer downward travel, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to provide the actuator below the braking body, as taught by Fauconnet, with the assist of gravity and the weight of the braking block to move the brake block away from the engaged position. Regarding claims 9, 14, 15, 19, Examiner takes official notice that braking pads are known in the art to effective change the frictional surface for improved braking. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fauconnet et al. (US 2020/0198931 A1) in view of Geisshusler et al. (US 2023/0011263 A1). Fauconnet discloses a tower lift (fig. 1) comprising: Re claim 1, a rail module (309) extending in a vertical direction; a carriage module (204,206) that is movable in a magnetic levitation manner (Examiner takes official notice that this feature is known in the art) along the rail module; and a braking device (fig. 3A) configured to move integrally with the carriage module along the rail module (fig. 2), wherein the braking device comprises: a first braking body (340) configured to prevent the carriage module from falling through selective contact with the rail module (transition between fig. 3A and fig. 3B); and an actuator (334,336) provided below the first braking body and configured to pull the first braking body downward (fig. 3A shows 336 pulling 340 downward to prevent it from rising up) through a rotation shaft connection structure (336) connected to the first braking body. Fauconnet does not disclose: Re claim 1, an elastic member provided above the first braking body and configured to apply an upward elastic force to the first braking body. However, Geisshusler teaches a brake device wherein: Re claim 1, an elastic member (21) provided above the first braking body (19) and configured to apply an upward elastic force (par [0073]) to the first braking body. Examiner takes official notice that a magnetic levitation lifting means is known in the art. It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ magnetic levitation for a smoother transition to different heights. It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to an elastic member, as taught by Geisshusler, so that the brake element could be biased into engagement. Conclusion The cited prior art(s) made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571) 270-3014. The examiner can normally be reached M-F 8-4 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 Hodge can be reached at (571) 272-2097. 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. /Minh Truong/Primary Examiner, Art Unit 3654
Read full office action

Prosecution Timeline

Dec 16, 2023
Application Filed
Mar 13, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
91%
With Interview (+23.9%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 716 resolved cases by this examiner. Grant probability derived from career allow rate.

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