DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Species 1 in the reply filed on 7/13/2026 is acknowledged.
3. Claims 10-13, 17-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/13/2026.
Drawings
4. Figures 7A, 7C and 8A should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Objections
5. Claims 3-4 and 16 are objected to because of the following informalities:
Claims 3 and 16 each recite “the second lobe end adjacent a lateral center axis of the braking element”. The text “end adjacent a” should be changed to --end is adjacent to a--.
Claims 4 and 16 each recite “the second lobe end of the second lobe adjacent the lateral center axis of the braking element”. The text “lobe adjacent the” should be changed to --lobe is adjacent to the--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 7 and 14-16 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 7 recites “the first lobe is diagonally fixed to the second lobe”. Claim 14 recites “a second lobe diagonally fixed from the first lobe” (Line 8). The lobes (414, 416) are spaced apart from one another and are connected by way of the plate-portion of the arcuate body (402). Although the first and second lobes are oriented diagonally relative to the longitudinal axis of the brake shoe, they are not fixed to each other. It is unclear what the claim requires.
Claim Rejections - 35 USC § 102
8. 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.
9. 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.
10. Claim(s) 1-9, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woods (US 885,414).
As per claim 1, Woods discloses a braking assembly (Title) for a vehicle comprising:
a braking element (A) having an arcuate body (A, Fig. 2), the braking element comprising:
a first lobe (a, Fig. 4) extending from the arcuate body and having a first braking surface (a) configured to engage a tread (Page 1, line 105 -- Page 2, line 2) of a wheel (Page 1, line 105 -- Page 2, line 2);
a first non-braking surface portion (C’, Fig. 4) adjacent the first lobe configured to not engage the tread of the wheel (C’);
a second lobe (a, Fig. 4) extending from the arcuate body that is spaced and offset from the first lobe, the second lobe having a second braking surface (aa) configured to engage the tread of the wheel; and
a second non-braking surface portion (C’, Fig. 4) adjacent the second lobe and diagonal to the first non-braking surface portion, the second non-braking surface portion configured to not engage the tread of the wheel (C’).
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As per claim 2, Woods discloses the braking assembly of claim 1, wherein the braking element further comprises a spacer (C, Fig. 4) positioned between the first lobe and the second lobe.
As per claim 3, Woods discloses the braking assembly of claim 1, wherein the first lobe tapers from a first lobe end to a second lobe end such that the first lobe end is wider than the second lobe end (a, Fig. 4), the second lobe end adjacent a lateral center axis of the braking element (The limitation "adjacent to" only requires axial proximity relative to the other end and not a particular distance, a, Fig. 4).
As per claim 4, Woods discloses the braking assembly of claim 3, wherein the second lobe tapers from a first lobe end to a second lobe end such that the first lobe end of the second lobe is wider than the second lobe end of the second lobe (a, Fig. 4), the second lobe end of the second lobe adjacent the lateral center axis of the braking element (The limitation "adjacent to" only requires axial proximity relative to the other end and not a particular distance, a, Fig. 4).
As per claim 5, Woods discloses the braking assembly of claim 1, wherein the first lobe is on a first side of a longitudinal center axis of the braking element (a, Fig. 4) and the second lobe is on a second side of the longitudinal center axis to provide the offset between the first lobe and the second lobe (a).
As per claim 6, Woods discloses the braking assembly of claim 1, wherein a majority of the first lobe is on a first side of a longitudinal center axis of the braking element (a, Fig. 4) and a majority of the second lobe is on a second side of the longitudinal center axis to provide the offset between the first lobe and that second lobe (a).
As per claim 7, Woods discloses the braking assembly of claim 1, wherein the first lobe is diagonally fixed to the second lobe on the braking element (a, Fig. 4).
As per claim 8, Woods discloses the braking assembly of claim 1, wherein the braking element is of one-piece construction (A, Fig. 2, 4).
As per claim 9, Woods discloses the braking assembly of claim 1, wherein only the first lobe and the second lobe engage the tread of the wheel during braking (a).
As per claim 19, Woods discloses a braking assembly (Title) for a vehicle comprising:
a braking element (A) having an arcuate body (A, Fig. 2), the braking element comprising:
a first lobe (a, Fig. 4) extending from the arcuate body on a first side of a longitudinal center axis of the braking element and having a first braking surface (a) configured to engage a tread (Page 1, line 105 -- Page 2, line 2) of a wheel (Page 1, line 105 -- Page 2, line 2);
a first non-braking surface portion (C’, Fig. 4) adjacent the first lobe on a second side of the longitudinal center axis of the braking element, the first non-braking surface portion configured to not engage the tread of the wheel (C’);
a second lobe (a, Fig. 4) extending from the arcuate body on the second side of the longitudinal center axis of the braking element and having a second braking surface (a) configured to engage the tread of the wheel; and
a second non-braking surface portion (C’, Fig. 4) adjacent the second lobe on the first side of the longitudinal center axis and diagonal to the first non-braking surface portion, the second non-braking surface portion configured to not engage the tread of the wheel (C’).
As per claim 20, Woods discloses the braking assembly of claim 19, wherein the braking element further comprises a spacer (C, Fig. 4) that provides a lateral gap between the first lobe and the second lobe on the arcuate body of the braking element.
Claim Rejections - 35 USC § 103
11. 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.
12. Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 6,273,219) in view of Woods (US 885,414).
As per claim 14, Jackson discloses a braking assembly (Abstract) for a vehicle comprising:
a braking actuator (40) configured to move a braking element (90) from a non-braking position to a braking position (Fig. 3; Col. 3, lines 21-24);
the braking element coupled to the braking actuator (Fig. 1, 3) and comprising:
a first lobe (94) having a first braking surface (94) configured to engage a tread (62) of a wheel (20). Jackson does not disclose non-braking surface portions.
Woods discloses a braking assembly (Title) for a vehicle comprising:
a braking element (A);
the braking element coupled to the braking actuator (Page 2, lines 25-29) and comprising:
a first lobe (a, Fig. 4) having a first braking surface (a) configured to engage a tread (Page 1, line 105 -- Page 2, line 2) of a wheel (Page 1, line 105 -- Page 2, line 2);
a first non-braking surface portion (C’, Fig. 4) adjacent the first lobe configured to not engage the tread of the wheel (C’);
a second lobe (a, Fig. 4) diagonally fixed from the first lobe, the second lobe having a second braking surface (a) configured to engage the tread of the wheel; and
a second non-braking surface portion (C’, Fig. 4) adjacent the second lobe and diagonal to the first non-braking surface portion, the second non-braking surface portion configured to not engage the tread of the wheel (C’). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brake shoe of Jackson by using a grooved brake shoe as taught by Woods in order to prevent parts of the shoe from falling away from the brake head in case of fracture of the shoe when in use (Woods: Page 1, lines 18-23).
As per claim 15, Jackson and Woods disclose the braking assembly of claim 14. Woods further discloses wherein at least one of the first lobe or the second lobe has a spacer (C, Fig. 4) to position the first lobe in spaced relation to the second lobe.
As per claim 16, Jackson and Woods disclose the braking assembly of claim 14. Woods further discloses wherein the first lobe tapers from a first lobe end to a second lobe end such that the first lobe end is wider than the second lobe end (a, Fig. 4), the second lobe end adjacent a lateral center axis of the braking element (The limitation "adjacent to" only requires axial proximity relative to the other end and not a particular distance, a, Fig. 4), and the second lobe tapers from a first lobe end to a second lobe end such that the first lobe end of the second lobe is wider than the second lobe end of the second lobe (a, Fig. 4), the second lobe end of the second lobe adjacent the lateral center axis of the braking element (The limitation "adjacent to" only requires axial proximity relative to the other end and not a particular distance, a, Fig. 4).
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Brake shoes
Larem et al (DE 102018107109).
Aiacoboaie et al (EP 1691102).
Wang (US 6,250,437).
Hsueh (US D397,071).
Taki (JP 08-277866).
Kahr (US 5,566,793).
Howarth (GB 2110327).
Hamayasu (US 3,840,093).
Brilando (US 3,305,048).
Celestino (US 3,161,260).
Eurit (US 2,406,067).
Barlow (US 1,529,828).
Lappin (US 312,734).
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN M BOWES whose telephone number is (571)270-0460. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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.
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STEPHEN M. BOWES IV
Examiner
Art Unit 3616
/STEPHEN M BOWES/Examiner, Art Unit 3616
/BRADLEY T KING/Primary Examiner, Art Unit 3616
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