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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: [0020] of the specification, [0027] of the PGpub, recites “a tensioning member 26 thereby pretensioning the brake lever 2 in an initial position. The tension member 27”. 26 appears to correspond to the tension member in the drawings whereas 27 appears to be the wheel.
Appropriate correction is required.
Claim Objections
Claims 12-14 are objected to because of the following informalities: in claims 12-14, “the wire” should be “the brake wire”; in claim 13 “a the brake wire” should be “the brake wire”. Appropriate correction is required.
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 12 and 16 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.
Claim 12 recites “displaceable by the wire in a direction to and from the direction of the wire”. It is not clear what is meant by “in a direction to and from the direction of the wire”.
Claim 16 recites “the support member is situated in proximity to a wheel and/or parts of an support beam connected to a wheel of the walking aid”. It is not clear from the claim language if the “of the walking aid” applies to both recited alternatives, or just the “parts of an support beam connected to a wheel”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 4-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hara et al (US# 6494469).
Hara et al disclose all the limitations of the instant claim including; a pull system to activate the brakes, the pull system comprising: a housing 70, and: a brake lever 89 connected to a brake rail latch 80, wherein the brake rail latch is situated at least partly inside the housing and wherein the brake rail latch is hinged around at least one pivot member (cam 80 is rotatably supported, col. 14, lines 25-27) connected to the housing 70, and; a brake wire 64/69 connected to the brake rail latch 80 at an anchor point between the at least one pivot member and the brake lever 89, such that a manipulation of the brake lever rotates the brake rail latch around the at least one pivot member thereby causing a manipulation on the brake wire, wherein the brake wire exits the housing on the same side as the brake levers protrudes the housing. Figures 1-3, 15-17.
Regarding claim 4, the brake wire 69 is pretensioned with a tensioning member 67 thereby pretensioning the brake lever in a first position. Figure 12.
Regarding claim 5, the brake wire 64 comprises a wire 69 inside a sleeve 68 for at least a portion of a length of the wire, wherein the wire is anchored to the brake rail latch and the sleeve is anchored to the housing 70 (figures 1-3) such that a displacement of the brake rail latch displaces the wire in relation to the sleeve.
Regarding claim 6, the tensioning member 67 is connected to the brake wire 69 at an opposite end from an anchoring point of the brake rail latch 80 in connection with a brake actuator 120.
Regarding claim 7, the housing 70 forms part of a support beam 7 of the walking aid, and/or a handle 7 of the walking aid or parts thereof.
Claim(s) 8 and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frigger (US# 3425519).
Frigger disclose all the limitations of the instant claim including; a wire activated brake system capable of use with a rollator comprising a brake actuator, the brake actuator comprising a deflection member 206a/922’/1022’comprising a friction member 206b/906, and; a wedge 221/921/1021 having a two opposite faced sliding surfaces, wherein the opposite faced sliding surfaces have an inclination towards each other to form a wedge shape, thereby comprising a wider section and a thinner section, and; a support member 222/922”/1022” comprising a sliding surface, wherein the wedge is situated between the deflection member and the support member, and the first sliding surface of the wedge is adapted to slide against a back part of the deflection member and wherein second sliding surface of the wedge is adapted to slide against the sliding surface of the support member, wherein the wedge is pretensioned in a position between the deflection member and the support member (via spring 213 or resilient or elastic material, col. 10, lines 7-29), and wherein the wedge is connected to a brake wire 207/907/1007 adapted to displace the wedge in a direction away from the pretensioned state of the wedge, whereupon the wider section forces a free end of the deflection member comprising the friction member in a direction towards a braking surface when the wedge is forcibly displaced by force from the brake wire.
Regarding claim 13, the wedge 221 is pretensioned by a tension member 213 situated between the wire 220b and an anchoring point 207b of a sleeve 220a surrounding the wire for at least a distance of the length of the wire.
Regarding claim 14, the tension member is a spring 213 situated around at least part of the wire 220b.
Regarding claim 15, the friction member is a brake pad and wherein the braking surface is a tire, a wheel, or parts 101 thereof.
Regarding claim 16, the support member comprises a rigid housing 204 or a shell surrounding at least parts of the brake actuator, and whereby the support member is situated in proximity to a wheel (col. 5,lines 21-31), and wherein the rigid support member 204, the wedge 221 and the deflection member 206b are non-compressible.
Claim(s) 8 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McIntyre (US# 6899202).
McIntyre disclose all the limitations of the instant claim including; a wire activated brake system capable of use with a rollator comprising a brake actuator, the brake actuator comprising a deflection member 3 comprising a friction member 5, and; a wedge 2 having a two opposite faced sliding surfaces, wherein the opposite faced sliding surfaces have an inclination towards each other to form a wedge shape, thereby comprising a wider section and a thinner section, and; a support member 1 comprising a sliding surface, wherein the wedge is situated between the deflection member and the support member, and the first sliding surface of the wedge is adapted to slide against a back part of the deflection member and wherein second sliding surface of the wedge is adapted to slide against the sliding surface of the support member, wherein the wedge is pretensioned in a position between the deflection member and the support member (via spring 6), and wherein the wedge is connected to a brake wire 7-9 adapted to displace the wedge in a direction away from the pretensioned state of the wedge, whereupon the wider section forces a free end of the deflection member comprising the friction member in a direction towards a braking surface when the wedge is forcibly displaced by force from the brake wire.
Regarding claim 15, the friction member is a brake pad 5 and wherein the braking surface is a tire, a wheel, or parts 10 thereof.
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 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hara et al (US# 6494469) in view of McIntyre (US# 6899202).
Hara et al disclose a wire activated brake system for a rollator comprising a pull system in accordance with claim 1. Hara et al lack a brake actuator comprising a deflection member comprising a friction member, and; a wedge having a two opposite faced sliding surfaces, wherein the opposite faced sliding surfaces have an inclination towards each other to form a wedge shape, thereby comprising a wider section and a thinner section, and; a support member comprising a sliding surface, wherein the wedge is situated between the deflection member and the support member, and the first sliding surface of the wedge is adapted to slide against a back part of the deflection member and wherein second sliding surface of the wedge is adapted to slide against the sliding surface of the support member, wherein the wedge is pretensioned in a position between the deflection member and the support member, and wherein the wedge is connected to a brake wire adapted to displace the wedge in a direction away from the pretensioned state of the wedge, whereupon the wider section forces a free end of the deflection member comprising the friction member in a direction towards a braking surface when the wedge is forcibly displaced by force from the brake wire. McIntyre et al disclose a similar cable operated wheel brake and further teach a brake actuator comprising a deflection member 3 comprising a friction member 5, and; a wedge 2 having a two opposite faced sliding surfaces, wherein the opposite faced sliding surfaces have an inclination towards each other to form a wedge shape, thereby comprising a wider section and a thinner section, and; a support member 1 comprising a sliding surface, wherein the wedge is situated between the deflection member 3 and the support member 1, and the first sliding surface of the wedge is adapted to slide against a back part of the deflection member and wherein second sliding surface of the wedge is adapted to slide against the sliding surface of the support member 1, wherein the wedge is pretensioned (via 6) in a position between the deflection member and the support member, and wherein the wedge 2 is connected to a brake wire 7-9 adapted to displace the wedge in a direction away from the pretensioned state of the wedge, whereupon the wider section forces a free end of the deflection member comprising the friction member in a direction towards a braking surface when the wedge is forcibly displaced by force from the brake wire. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the actuator structure of McIntyre with the rollator of Hara et al as an alternative brake structure which provides smooth braking for larger wheels with rims suitable for braking.
Allowable Subject Matter
Claims 2-3 and 9-11 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.
Claim 12 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
The prior art 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 BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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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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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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