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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 2, 2026 has been entered.
Claim Rejections - 35 USC § 102
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 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) 1-3, 5, 6, 8-10 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,037,694 to Keese.
Re-claim 1, Keese discloses a brake arrangement for a tracked vehicle (see column 6 line 1), the brake arrangement comprises a brake housing (combined elements 222/24), the brake arrangement is journaled in bearings 26/29 in connection to a drive unit driven drive axle 14 so as to allow rotation of the drive axle relative to the brake housing, the drive axle rotates a drive wheel member for a track assembly of a tracked vehicle, the brake arrangement comprising a set of friction elements 81/82 arranged about the drive axle, the set of friction elements are pressed together in the axial direction for providing a braking function in connection to the drive axle, the set of friction elements comprises a first set of friction elements 81 engaged with the brake housing and a second set of friction elements 82 engaged to the drive axle (via 54), the first and second sets of friction elements are axially alternatingly arranged relative to each other, the set of friction elements comprises a first end friction element 85 is the axially outermost friction element of the first set of friction elements 81 against which pressure is provided for the braking function (via a brake piston 94), the first end friction element 85 has sprocket members (tabs 86) projecting from an outer circumference of the first end friction element and a thickness in the axial direction which is thicker than the remaining set of friction elements so as to facilitate distributing an even pressure on said set of friction elements when the set of friction elements are pressed together for efficient friction braking function, the remaining set of friction elements have a thickness in the axial direction which is essentially the same to each other (as seen in figure 1, the thickness of the remaining friction elements are substantially equal), the first set of friction elements 81 have a maximum diameter which is essentially the same to each other (as shown in figure 1, the outer diameter is consistent for elements 81 and 85).
Re-claim 2, the brake arrangement further comprises a hollow brake axle 54 arranged around the drive axle 14, the brake axle is rotated by means of the drive axle, the brake housing is journaled in bearings to the brake axle such that the journaling in bearings in connection to the drive axle is provided when the brake arrangement is connected to the drive axle. The bearings 26/29 support the brake housing relative to the brake axle and drive axle, and allow for rotation therebetween.
Re-claim 3, a bearing configuration provides the journaling in bearings of the brake housing in connection to the brake axle, the bearing configuration comprising a first bearing member 26 and a second bearing member 29 arranged at an axial distance from the first bearing member, the bearing members are provided with a flange configuration (such as at least shoulder 36) for holding the brake housing in the axial direction.
Re-claim 5, the brake housing has an end wall portion (such as feature 89, fixed to housing portion 24), the set of friction elements are arranged in connection to the end wall portion such that the end wall portion and set of friction elements provides a friction arrangement for providing the braking.
Re-claim 6, the end wall portion has an inner side facing the set of friction elements such that a second end element 84 of the set of friction elements, farthest away from the first end element 85, is arranged in connection to the inner side of the end wall portion, the set of friction elements are pressed together in the axial direction for providing a braking function, the second end element is pressed against the inner side of the end wall portion.
Re-claim 8, the brake arrangement further comprising a service brake piston device 94 arranged in connection to the set of friction elements, the service brake piston device acts on the set of friction elements based on a brake action so as to press the elements together for providing a braking function for braking rotation of the drive axle so as to brake drive wheel member for stopping drive of a vehicle provided with the brake arrangement (see column 5 lines 6-25).
Re-claim 9, a channel 102/104 is formed within the housing, the channel comprises at least one channel 104 in connection to the service brake piston device, the service brake piston device receives, in connection to a braking action, pressurized fluid via the at least one channel 104 (as well channel 102) such that the service brake piston device acts on the set of friction elements.
Re-claim 10, the service brake piston 94 is ring shaped (annular, see column 4 lines 47-48) and is coaxially arranged around a brake axle 54
Re-claims 19-21, the brake arrangement is part of a tracked vehicle having a track assembly, see column 6 line 1.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keese in view of US 6,874,857 to Tanabe.
Re-claims 11-12, Keese fails to teach the brake arrangement further comprising a parking brake piston device arranged in connection to the set of friction elements, with the parking brake piston acting on the set of friction elements based on a parking brake action indicating parking of a vehicle for pressing the elements together for providing a parking brake function for preventing rotation of the drive axle so as to provide a parking brake activated state, preventing movement of wheel member for keeping a vehicle provided with the brake arrangement in a parked position; with the parking brake piston device formed as a ring shape and configured to be coaxially arranged around the brake axle radially externally relative to the service brake piston device, the parking brake piston device configured to provide pressure in the axial direction against a radially outer portion of the set of friction elements so as to optimize the parking brake torque.
Tanabe teaches a combined service brake and parking brake assembly, comprising a parking brake piston device 38 arranged in connection to a set of friction elements 33/35, with the parking brake piston acting on the set of friction elements based on a parking brake action indicating parking of a vehicle for pressing the elements together for providing a parking brake function for preventing rotation of a drive axle (23 as by extension 34) so as to provide a parking brake activated state, and preventing movement of wheel member for keeping a vehicle provided with the brake arrangement in a parked position; the parking brake piston device 38 is formed as a ring shape and coaxially arranged around a brake axle radially externally relative to a service brake piston device 71, the parking brake piston device provides pressure in the axial direction against a radially outer portion of the set of friction elements so as to optimize the parking brake torque. This arrangement provides a radially compact service brake and parking brake combination, thus minimizing the required space. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the brake apparatus of Keese with parking brake arrangement of the type taught by Tanabe, as this would have provided a radially compact service brake and parking brake combination.
Re-claims 13-15, Tanabe further teaches a spring device 37 in connection with the parking brake piston device 38, a hydraulic pressure releases the parking brake, the parking brake piston device acts on the spring to release the park brake function, a loss of pressure actuates the park brake device.
Re-claim 16, Tanabe further teaches the spring device having a ring shape, such as a coil shape, the spring device comprises a set of spring members distributed about the parking brake piston (see column 5 lines 27-31). The claim language is not specific to any type of spring, and is thus interpreted broadly. However, the use of plate shaped springs (i.e. Belleville or wave) in place of coil springs is known in the art.
Allowable Subject Matter
Claims 4, 17 and 18 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.
Response to Arguments
Applicant's arguments filed September 2, 2026 have been fully considered but they are not persuasive. The remarks regarding the maximum diameter have been considered. However, it is noted that the claim language does not specifically state the first end friction element and the first set of friction elements have essentially the same maximum diameter. Nevertheless, it is noted that the maximum, or outer diameter of the first end friction element 85 and the first set of friction elements 81 do appear to be essentially the same. The outer diameter of the elements in question are all splined to element 24. It is acknowledged that first end friction element 85 is provided at its inner periphery with a tab connected to spring members 45. However, the presence of this tab plays no role when defining the maximum diameter of the first end friction element. As such the rejection in view of Keese is maintained and expanded to include instant claims 19-21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stillwell teaches a wave spring in place of a coil spring.
Any inquiries concerning this communication or earlier communications from the
examiner should be directed to Thomas Williams whose telephone number is 571-272-7128.
The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 571-272-6584.
TJW /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 September 22, 2026
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