DETAILED ACTION
This is a first Non-Final Office Action on the merits in response to the application filed 05/22/24, and the Preliminary Amendment filed 06/13/24. Foreign priority to a DE application filed 12/01/22 has been received and is proper. Claims 44-63 are currently pending yet all are rejected as detailed below. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
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: reference number “17b” as seen in Figures 1-3.
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 braking member bearing “frictionally against a radial circumference of the driveable part” must be shown or the feature(s) canceled from the claim(s). The braking members (13, 14) bear against the radial circumference (17a) of the permanent brake (17b), not the radial circumference of the driveable part (11). 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.
Specification
The disclosure is objected to because of the following informalities: reference number “17b” as seen in Figures 1-3 does not appear in the Detailed Description.
Appropriate correction is required.
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.
Blockpoel
Claim(s) 44-45, 48-52, 54-55, 58-61 and 63 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blockpoel et al. (DE 202019100595) (cited by Applicant) (citing to corresponding U.S. Patent Pub. No. 2022/0098914). Blockpoel is directed to a braking device. See Abstract.
Claim 44: Blockpoel discloses a braking device [Figs. 1-6] for a driveable part [see para. 0050 (“rotatable rod” attached to 90), 0007] comprising: a driveable loading device (11) configured for being brought into radial contact with the driveable part having a first holding position [Figs. 5-6] and a second releasing position [see Figs. 3-4], wherein in said holding position at least one braking member (21, 22) bears frictionally against a radial circumference (92) of the driveable part and secures the driveable part against rotation with a pre-settable force, wherein in said releasing position the braking member is spaced from the radial circumference of the driveable part and permits a freewheeling of the driveable part, wherein the loading device is adjustable between the holding position and the releasing position by means of a drive (12, 13, 14, 60), wherein the driveable part is coupled to at least one permanent brake (90), wherein the braking member of the loading device is configured for being brought into radial contact with a housing portion (92) of the permanent brake, wherein in the holding position a braking torque of the permanent brake acts on the driveable part, and wherein in the releasing position the driveable part is freely rotatable with the permanent brake. See Figs. 1-6.
Claim 45: Blockpoel discloses that the driveable part comprises a shaft or a spindle. See para. 0050.
Claim 48: Blockpoel discloses that the loading device is switchable. See para. 0007, 0013.
Claim 49: Blockpoel discloses that the driveable part is arranged concentrically and coaxially with respect to the permanent brake. See Fig. 4; para. 0050.
Claim 50: Blockpoel discloses that the permanent brake is at least one unit selected from the group comprising a permanent magnet brake and a permanent spring-loaded brake. See para. 0037.
Claim 51: Blockpoel discloses that an overrunning of the driveable part in the manner of a slipping clutch is provided when the braking torque of the permanent brake is exceeded in the holding position. See para. 0022.
Claim 52: Blockpoel discloses that in the holding position the housing portion of the permanent brake which is retained by the braking member is held in position in a non-rotatable manner upon overrunning of the driveable part. See para. 0022.
Claim 54: Blockpoel discloses that a braking contact surface (31, 32) of the braking member is concave. See Fig. 2.
Claim 55: Blockpoel discloses that the permanent brake having at least one external geometry selected from the group comprising a cylindrical, a conical, an ellipsoidal and an hourglass-shaped external geometry. See Fig. 2.
Claim 58: Blockpoel discloses that the drive is at least one unit selected from the group comprising a linear motor, a linear actuator and an electromagnetic actuator. See para. 0037.
Claim 59: Blockpoel discloses that the driveable loading device comprises a first braking member (21) and a second braking member (22) each of which in the holding position bear frictionally against a radial circumference of the driveable part and secure the driveable part against rotation with a pre-settable force and in the releasing position are spaced from the radial circumference of the driveable part and permit a freewheeling of the driveable part, wherein the first braking member is pivotable in an articulated manner about a first pivot joint (21b) with a first pivot axis, wherein the second braking member is pivotable in an articulated manner about a second pivot joint (22b) with a second pivot axis, and wherein the driveable part is arranged between the drive of the loading device and the first and second pivot axes. See Fig. 3.
Claim 60: see claims 44 and 59 above.
Claim 61: Blockpoel discloses that the drive comprises a motor (12) with a rotatable shaft (13), wherein said rotatable shaft comprises a coupling part (14), and wherein a guide part (60) configured for being brought into engagement with the coupling part is axially displaceable when the shaft is rotated. See para. 0037 (axially adjustable); Fig. 1.
Claim 63: Blockpoel discloses that a first material portion (part of 21 with 21b) having a first eye (with 21b) extends from the first braking member in a direction towards the second braking member [see Fig. 1 (bottom of 21 extends towards 22, and vice versa)], and wherein a second material portion (part of 22 with 22b) having a second eye (with 22b) extends from the second braking member in a direction towards the first braking member [see Fig. 1 (bottom of 22 extends towards 21)], wherein said first eye and said second eye are each configured as an elongated hole, wherein a pin (21b, 22b) passes through the first eye of the first material portion and/or the second eye of the second material portion, and wherein said pin is an end stop with respect to the first braking member and the second braking member. See Fig. 1.
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.
Blockpoel
Claim(s) 46-47, 53 and 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blockpoel.
Claims 46-47: While the specifics values of the braking torque are not discussed, it would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to use the quantities in these limitations because it is ultimately a design choice based on the use, and Blockpoel discusses the ease in replacing the spring, which ultimately provides the desired braking torque.
Claim 53: While the radial distance is not discussed, it would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to use minimal spacing (0.2-1.2 mm) to ensure a quicker response time to brake engagement.
Claim 56: While the type of motor used is not discussed, it would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to use a DC motor because it is a design choice based on cost/availability – DC motors are readily available and cheap.
Blockpoel in view of Henes
Claim(s) 57 and 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blockpoel in view of Henes et al. (U.S. Patent Pub. No. 2022/0025692). Henes is directed to a power actuator unit.
Claims 57 and 62: Blockpoel is relied upon as in claims 44 and 60, respectively, but the drive relies on the rotation of multiple components (14, 60) to produce rotation of the members (21, 22) between two positions, rather than a “threaded” shaft that axially displaces an “internally toothed” nut. Henes discloses that the shaft comprises a cylindrical threaded portion (128) which is in engagement with an internally toothed nut (124), wherein the nut is axially displaceable with respect to the drive/motor (22, 24, 30) when the threaded portion is rotated, in order to rotate a device between two positions [compare figs. 3B, 3C]. See Figs. 3B, 3C, 4; see also para. 0005 (“the power actuator unit can have a rotary-to-linear conversion device configured to include an externally-threaded leadscrew rotatably driven by the electric motor and an internally-threaded drive nut meshingly engaged with the leadscrew…for controlling swinging movement”), 0074-76. It would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to use a rotary-linear-rotary system (rather than a rotary-rotary-rotary one) because it is ultimately a design choice that achieves the same objective, but may provide design advantages such as compactness.
Conclusion
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 September 30, 2026
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