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 .
Claim Objections
Claims 1 and 12 are objected to because of the following informalities: in lines 7-8 of Claim 1, the words –an—should be inserted before the terms “upper-half caliper” and “upper plate” for the claim to read more clearly, and in lines 7-8 of Claim 12, the words –an—should be inserted before the terms “upper-half caliper” and “upper plate” for the claim to read more clearly. Appropriate correction is required.
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) 1, 4, 5, 10, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 3,647,030 to Burnett in view of French Patent No. FR 2092932 to Burnett.
Regarding Claim 1, Burnett ‘030 discloses a hybrid brake (see Figure 1) capable of use for a hoist, intended to cooperate with a disc of a hoist, extending in a plane orthogonal to an axial direction, the hybrid brake having most all the features of the instant invention including: two plates 21,20 extending parallel to the disc on both sides thereof (see Figure 1), the two plates 21,20 forming a clamp operable between an open-brake position where the plates 21,20 are at a distance from the disc and a closed-brake position where the plates 21,20 clamp the disc (see column 1 lines 45 et al), a rigid body 24,18 comprising an upper tubular part 24, called an upper half-caliper, located on one side of the disc, one of the plates 21 called an upper plate, being carried by a shoe (i.e., the backing plate for element 21 shown in Figure 1), mounted to slide in the axial direction in a central through recess 28 in the upper half-caliper 24 (see Figure 1 and column 1 lines 45 et al), a stack of spring washers 40 arranged in the central recess of the upper-half caliper 24 about a central axis parallel to the axial direction (see Figure 1), the stack of spring washers 40 being configured to be compressible beyond a level, called emergency braking compression, wherein the stack 40 exerts a force on the shoe corresponding to a desired emergency clamping force on the disc (see column 1 lines 60 et al), a negative actuator 34, comprising a negative piston 34, driven by a first power source, which negative piston 34 has a face 36 whereupon a lower end of the stack of spring washers 40 rests (see Figure 1), the negative piston 34 being mounted so as to slide in the axial direction in the central recess of the upper half-caliper 24 between an upper, open-brake position where the negative piston 34 compresses the stack of spring washers 40 beyond the emergency braking compression, and a lower closed-brake position, where the brake is closed and where the negative piston 34 holds the stack of spring washers 40 at the emergency braking compression on one side and bears directly or indirectly on the shoe on the other side, the negative piston 34 being placed in its upper open-brake position when the first power source is activated and in its lower closed-brake position when the first power source is inactive (see column 1 line 45 – column 2 line 12), and a positive actuator 54, comprising a positive piston 54 driven by a second power source, the positive piston 54 being axially slidable between an upper open-brake position where the brake is open and a lower closed-brake position where the brake is closed, the positive piston 54 being in its upper open-brake position when the second power source is inactive and being movable to its lower closed-brake position when the second power source is activated (see column 3 lines 12-55).
However, Burnett ‘030 does not disclose that the hybrid brake comprises a positive piston return spring, configured to return the positive piston to its upper open-brake position.
French Patent FR 2092932 to Burnett is relied upon merely for its teachings of a hybrid brake (see Figure) having a positive piston return spring 93 configured to return a positive piston 90 to its upper open-brake position (see paragraph 0034 of the translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the hybrid brake of Burnett ‘030 to include a positive piston return spring to return the positive piston to its upper open-brake position as taught by Burnett ‘932 in order to provide the capability of returning the positive piston to its upper open-brake position when the brake needs to be released.
Regarding Claim 4, Burnett ‘030, as modified, does not specifically disclose that the first power source is electromagnetic or electromechanical.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the first power source of Burnett ‘030, as modified, to be either electromagnetic or electromechanical as a matter of design preference dependent upon the desired type of actuation for the negative actuator. As long as power is provided to the negative piston, the means used to do is arbitrary.
Regarding Claim 5, Burnett ‘030, as modified, does not specifically disclose that the second power source is hydraulic or electromechanical or electromagnetic.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the second power source of Burnett ‘030, as modified, to be either hydraulic or electromagnetic or electromechanical as a matter of design preference dependent upon the desired type of actuation for the positive actuator. As long as power is provided to the positive piston, the means used to do is arbitrary.
Regarding Claim 10, Burnett ‘030, as modified, discloses most all the features of the instant invention as applied above, except for a microprocessor controller to which the positive actuator and the negative actuator of the hybrid brake are connected, the controller being configured to use the positive actuator for all dynamic service braking and for all static holding when the hoist is in service, powered on and in the absence of a fault, and to use the negative actuator for any emergency dynamic braking in the event of a fault and for any static holding when the hoist is taken out of service.
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 hybrid brake of Burnett ‘030, as modified, to include a microprocessor controller to which the positive actuator and the negative actuator of the hybrid brake are connected, the controller being configured to use the positive actuator for all dynamic service braking and for all static holding when the hoist is in service, powered on and in the absence of a fault, and to use the negative actuator for any emergency dynamic braking in the event of a fault and for any static holding when the hoist is taken out of service dependent upon the desired type of control means and control infrastructure to be used to initiate braking in the hybrid brake system. As long as a controller adequately initiates movement/operation of the positive and negative actuators, how they are utilized and for what type of braking function they perform is arbitrary.
Regarding Claim 20, see Claim 1 above.
Claim(s) 1-5, 9, 10, 20, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over German Patent No. DE 3509042 in view of French Patent No. FR 2092932 to Burnett.
Regarding Claim 1, German Patent DE ‘042 discloses a hybrid brake (see Figure 1) capable of use for a hoist, intended to cooperate with a disc 16 of a hoist, extending in a plane orthogonal to an axial direction, the hybrid brake having most all the features of the instant invention including: two plates 9,17 extending parallel to the disc 16 on both sides thereof (see Figure 1), the two plates 9,17 forming a clamp operable between an open-brake position where the plates 9,17 are at a distance from the disc 16 and a closed-brake position where the plates 9,17 clamp the disc 16 (see Figure 1), a rigid body 4 comprising an upper tubular part (see Figure 1 and the right half of element 4 on the right side of disc 16), called an upper half-caliper, located on one side of the disc 16, one of the plates 9 called an upper plate, being carried by a shoe 8, mounted to slide in the axial direction in a central through recess in the upper half-caliper 4 (see Figure 1), a stack of spring washers 3 arranged in the central recess of the upper-half caliper 4 about a central axis parallel to the axial direction (see Figure 1), the stack of spring washers 3 being configured to be compressible beyond a level, called emergency braking compression, wherein the stack 3 exerts a force on the shoe 8 corresponding to a desired emergency clamping force on the disc 16 (see paragraphs 0006-0010 of the translation), a negative actuator 2, comprising a negative piston 2, driven by a first power source, which negative piston 2 has a face (see Figure 1 and the left inner face of element 2 in which washers 3 engage therewith) whereupon a lower end of the stack of spring washers 3 rests (see Figure 1), the negative piston 2 being mounted so as to slide in the axial direction in the central recess of the upper half-caliper 4 between an upper, open-brake position where the negative piston 2 compresses the stack of spring washers 3 beyond the emergency braking compression, and a lower closed-brake position, where the brake is closed and where the negative piston 2 holds the stack of spring washers 3 at the emergency braking compression on one side and bears directly or indirectly on the shoe on the other side, the negative piston 2 being placed in its upper open-brake position when the first power source is activated and in its lower closed-brake position when the first power source is inactive (see paragraphs 0006-0010 of the translation) and a positive actuator 6, comprising a positive piston 6 driven by a second power source, the positive piston 6 being axially slidable between an upper open-brake position where the brake is open and a lower closed-brake position where the brake is closed, the positive piston 6 being in its upper open-brake position when the second power source is inactive and being movable to its lower closed-brake position when the second power source is activated (see paragraphs 0006-0010 of the translation).
However, DE ‘042 does not disclose that the hybrid brake comprises a positive piston return spring, configured to return the positive piston to its upper open-brake position.
French Patent FR 2092932 to Burnett is relied upon merely for its teachings of a hybrid brake (see Figure) having a positive piston return spring 93 configured to return a positive piston 90 to its upper open-brake position (see paragraph 0034 of the translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the hybrid brake of DE ‘042 to include a positive piston return spring to return the positive piston to its upper open-brake position as taught by Burnett ‘932 in order to provide the capability of returning the positive piston to its upper open-brake position when the brake needs to be released.
Regarding Claim 2, DE ‘042, as modified, further disclose that the negative piston 2 comprises an upper cylindrical cavity receiving a lower part of the stack of spring washers 3 (see Figure 1), the negative piston 2 further comprising a lower end configured to bear indirectly on the shoe 8 when the negative piston 2 is in the lower closed-brake condition (see paragraph 0006 of the translation, the positive piston 6 comprises a shaft 11 extending along the central axis through the stack of spring washers 3 (see Figure 1), which shaft 11 has a lower end (see Figure 1 and the left end of the shaft 11 nearest element 12) configured to mate with the shoe 8 and upper end (see Figure 1 and the right end of element 11) which projects from the upper half-caliper 4 regardless of the position of the positive piston 6 (see Figure 1).
Regarding Claim 3, DE ‘042, as modified, further discloses that the first power source is hydraulic, the negative piston 2 having an outer shoulder (see Figure 1 and the left upper corner portion of element 2 forming a shoulder) which is oriented toward the disc 16 and which delimits, in the central recess of the half-caliper 4, a hydraulic chamber 1 called the negative chamber (see Figure 1 and paragraph 0006 of the translation).
Regarding Claim 4, DE ‘042, as modified, does not specifically disclose that the first power source is electromagnetic or electromechanical.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the first power source of DE ‘042, as modified, to be either electromagnetic or electromechanical as a matter of design preference dependent upon the desired type of actuation for the negative actuator. As long as power is provided to the negative piston, the means used to do is arbitrary.
Regarding Claim 5, DE ‘042, as modified, does not specifically disclose that the second power source is hydraulic or electromechanical or electromagnetic.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the second power source of DE ‘042, as modified, to be either hydraulic or electromagnetic or electromechanical as a matter of design preference dependent upon the desired type of actuation for the positive actuator. As long as power is provided to the positive piston, the means used to do is arbitrary.
Regarding Claim 9, DE ‘042, as modified, further disclose in that in addition to the upper half-caliper 4, the rigid body of the brake comprises a lower part (see Figure 1 and the left side of element 4 labeled element numeral 4), called the counter-caliper, located on the other side of the disc 16, the other plate 17, called the lower plate, being located on this counter-caliper (i.e., the left side of element 4 in Figure 1), and being fixed relative thereto, the brake has no actuator for braking on the counter-caliper side (see Figure 1), and the brake inherently has a column whereupon the rigid body is mounted so as to slide in the axial direction.
Regarding Claim 10, DE ‘042, as modified, discloses most all the features of the instant invention as applied above, except for a microprocessor controller to which the positive actuator and the negative actuator of the hybrid brake are connected, the controller being configured to use the positive actuator for all dynamic service braking and for all static holding when the hoist is in service, powered on and in the absence of a fault, and to use the negative actuator for any emergency dynamic braking in the event of a fault and for any static holding when the hoist is taken out of service.
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 hybrid brake of DE ‘042, as modified, to include a microprocessor controller to which the positive actuator and the negative actuator of the hybrid brake are connected, the controller being configured to use the positive actuator for all dynamic service braking and for all static holding when the hoist is in service, powered on and in the absence of a fault, and to use the negative actuator for any emergency dynamic braking in the event of a fault and for any static holding when the hoist is taken out of service dependent upon the desired type of control means and control infrastructure to be used to initiate braking in the hybrid brake system. As long as a controller adequately initiates movement/operation of the positive and negative actuators, how they are utilized and for what type of braking function they perform is arbitrary.
Regarding Claim 20, see Claim 1 above.
Regarding Claim 21, see Claim 2 above.
Allowable Subject Matter
Claims 6, 22, and 23 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.
Claims 12-19 are objected to as either outlined above or as being dependent upon an objected to base claim but would be allowable if Claim 12 is rewritten to overcome its objections.
The following is a statement of reasons for the indication of allowable subject matter: Regarding independent Claim 12 (and its respective dependent Claims 13-19), while U.S. Patent No. 3,647,030 to Burnett, German Patent No. DE 3509042, and French Patent No. FR 2092932 to Burnett disclose most all the features of the instant invention as outlined with respect to Claim 1 above, none of these references taken either alone or in combination disclose that the brake comprises a wear compensation device between the stack of spring washers and the shoe to compensate for friction pad wear.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 3,995,722 to Jones et al., U.S. Patent No. 3,842,949 to Newstead, and U.S. Patent No. 4,595,083 to Mackenzie et al all disclose hybrid brakes similar to applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA RODRIGUEZ whose telephone number is (571)272-7122. The examiner can normally be reached Monday - Thursday 7 AM - 5 PM.
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PAMELA RODRIGUEZ
Primary Examiner
Art Unit 3616
/PAMELA RODRIGUEZ/Primary Examiner, Art Unit 3616 07/07/26
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