DETAILED ACTION
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Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19-38 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention..
Claim 19 line 13 the limitation of “a wedge mechanism” was not found in the specification. It is not entirely clear what this element is (6 ?).
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over SU 1,542,171 A1 in view of Deibel 3,187,849.
Regarding claim 19 SU ‘171 shows in the figure:
A drum brake for a utility vehicle, comprising: a brake drum 2 which is mounted rotatably about a rotational axis; a plurality of brake shoes 3,4 which are mounted in a receiving space of the brake drum 2, each of the plurality of brake shoes comprising a friction lining carrier 4 and a friction lining 3 arranged on the friction lining carrier, wherein the plurality of brake shoes are pressable radially with respect to the rotational axis of the brake drum onto a shell inner surface, configured as a friction surface, of the brake drum; a brake cylinder arrangement 9 which is arranged fixedly on an armature housing 8,21 for conjoint rotation in the receiving space of the brake drum, for actuating the plurality of brake shoes; a respective pressure wedge 5 arranged on a side of each friction lining carrier 4 which faces away from the friction lining, the pressure wedge lying on a wedge mechanism 11 which is displaceable parallel to the rotational axis of the brake drum, wherein the wedge mechanism is displaceable out of a non-braking position into a braking position by way of displacement of a service brake piston 10 of the brake cylinder arrangement 9 parallel to the rotational axis of the brake drum.
Lacking in SU ‘171 is a specific showing of a ‘plurality’ of brake shoes 3,4.
However it is believed that these are inherent in the reference given the predominant construction of drum brakes known in the art.
Nevertheless the reference to Deibel shows a wedge type drum brake that is actuated similarly to SU ‘171. Note the piston cylinder arrangement 78 in figure 3 and the shoes at 13,14.
One having ordinary skill in the art before the effective filing date of the invention would realize that the SU ‘171 publication likely comprises a plurality of brake shoes, as taught by Deibel, given the predominant construction of drum brakes known in the art.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over SU ‘171/Deibel as applied to claim 19 above, and further in view of Drewes 10,677,302.
Regarding claim 24 SU ‘171, as modified, lacks showing using a plurality of rolling bodies arranged between the pressure wedge 5 and wedge mechanism 11.
The reference to Drewes shows a brake device capable of use with drum brakes. Note the wedge at 5 and rolling bodies at 6 in the several different embodiments.
It would have been obvious to have utilized rolling bodies in the brake of SU ‘171 between elements 5 and 11, as taught by Drewes at 6, simply to reduce the effects of friction and heat.
Allowable Subject Matter
Claims 20-23,25-38 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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/CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616
1/26/26
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