Prosecution Insights
Last updated: April 19, 2026
Application No. 18/835,454

BRAKE CATCHING DEVICE

Final Rejection §102
Filed
Aug 02, 2024
Examiner
RIEGELMAN, MICHAEL A
Art Unit
3654
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Cobianchi Liftteile AG
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
94%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
740 granted / 948 resolved
+26.1% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
975
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.0%
+5.0% vs TC avg
§102
28.6%
-11.4% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 948 resolved cases

Office Action

§102
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 . Drawings 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 following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. an auxiliary trigger lever – claim 25 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. 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. Claim(s) 18-27 and 19-30 are rejected under 35 U.S.C. 102a1 as being anticipated by Husmann, US PGPub 2007/0007083. PNG media_image1.png 352 512 media_image1.png Greyscale Regarding claim 18, Husmann discloses a safety brake device (1) for a conveying means (elevator), having the safety brake device (1) comprising: a support element (4); a contact element (6,10): a rail (5) arranged in a stationary manner parallel to a conveying route (top to bottom in fig 3): a brake arrangement (2) and affixing the support element (4) with a free space (space between 21 and 6 in fig 3), at the conveying means (as described above): a trigger arrangement (3, 14 see fig 3): an electrically controllable actuation arrangement (3): and an actuator (14): wherein in an installed state (see fig 6-7) of the safety brake device (1), the free space (as described above) receives the rail (5) and the brake arrangement (1) clamps the rail (5) in the a brake position (fig 7); wherein the trigger arrangement (as described above) controls the brake arrangement (2) to bring the brake arrangement (2) to the brake position (see fig 7) wherein the trigger arrangement (3,14) comprises a trigger element (15, 17, 21), movable between a trigger position (fig 6), in which it the trigger element (15, 17, 21) protrudes into the free space (as described above), and a passive position (see fig 3) outside the free space (as described above) wherein the trigger element (15,17,21) in its the trigger position (as described above), is movable, relative to the brake arrangement (1) and relative to the free space (as described above), the brake position (as described above) and has or is connected to the contact element (6,10), at a section of the triqqer element (as described above) protruding into the free space (as described above) in a trigger state (fig 6-7) so that the contact element (6,10) engages the rail (5); wherein the electrically controllable actuation arrangement (3) is configured to cause a position change of the trigger element (15,17,21) between the passive position (as described above) and the trigger position (as described above); wherein the actuator (14) is configured to cause a pretension force (countering force of 16) to act upon the trigger element (15,17,21) in a direction towards the trigger position (as described above); ,and wherein the actuation arrangement (3), in an activated state (fig 3), counteracts the pretension force (as described above) and holds the trigger element (15,17,21) in the passive position (as described above). Regarding claim 19, Husmann discloses the safety brake device according to claim 18, further comprising: at least one brake shoe (6) affixed at the support element (4), having a braking surface (see fig 3), which extends in a braking direction (left to right in fig 3) and engages the rail (5) passing the free space (as described above) when the safety brake device (1) is triggered, wherein the brake shoe (6) is movable orthogonally to the braking surface (via 4,2); wherein the brake arrangement (2) comprises at least one engagement element (10), which is arranged on the a side of the free space (as described above) opposite the brake shoe (6) and is movable between a release position (fig 3) and the brake position (fig 6-7) wherein the engagement element (10) and the brake shoe (6) are at their shortest distance in the brake position (as described above) wherein the trigger element (as described above) is pivotable to at least one the brake position (as described above) and is coupled to the engagement element (10) such that the engagement element (10) is in the brake position (as described above; wherein the trigger element (as described above) in the trigger position (as described above), is pivotable (see fig 6-7) to the brake position (as described above) when the support element (4) moves in the braking direction (as described above); wherein the engagement element (10) is pivotable between the release position (as described above) and the brake position (as described above) as the a furthest deflected end position about an axis (see fig 7) oriented transversely to the braking surface (as described above) and/or to the rail (5). Regarding claim 20, Husmann discloses the safety brake device according to claim 18, wherein the actuation arrangement (3) comprises a controllable electromagnet (14.1), which acts upon the trigger element (as described above)) against the pretension force (from 16) when supplied with current. Regarding claim 21, Husmann discloses the safety brake device according to claim 18, wherein the actuation arrangement (3) has at least one fluidic actuator (see [0023]), which acts upon the trigger element (as described above)) against the pretension force (from 16) via a controllable source for the working fluid. Regarding claim 22, Husmann discloses the safety brake catching arrangement device according to claim 18, wherein, when supplied with current by means of a fluidic, electric or electromagnetic actuator (see [0023]), the actuation arrangement (3) acts upon the trigger element (as described above) with a force in a direction towards the trigger position (as described above). Regarding claim 23, Husmann discloses the safety brake device according to claim 19, wherein the trigger element (as described above) is applied immediately at the engagement element (10). Regarding claim 24, Husmann discloses the safety brake device according to claim 19, wherein the trigger element (as described above)) is offset (see fig 3) relative to the engagement element (10) in the braking direction (as described above) and comprises a triqqer lever (17), and a connection element (17.2) running in the braking direction (as described above) connects the trigger lever (17) to the engagement element (10). Regarding claim 25, Husmann discloses the safety brake device according to claim 24 wherein a connection element (17,2) running in the braking direction (as described above) connects the trigger lever (17) to an auxiliary trigger lever (8), which is affixed at the support element (4) and pivotable (see fig 6-7) between the release position (fig 3) and at least one the brake position (fig 6-7), wherein the auxiliary trigger lever (8) is coupled to the engagement lever (10) such that, in each the brake position (as described above) of the auxiliary trigger lever (8), also the engagement element (10) is in the brake position (as described above). Regarding claim 26, Husmann discloses the safety brake device according to claim 18, comprising a controller (see [0013]) for the actuation arrangement (as described above), which is designed configured to move the trigger element (15,17,21) to the trigger position (as described above) accordance with a specifiable schedule (selectable actuation criteria – see [0023]) while the actuation arrangement (as described above) is active and to then deactivate the power supply of the actuation arrangement (as described above), and to subsequently reactivate the power supply of the actuation arrangement (as described above)) n accordance with the specifiable schedule, and to move the trigger element (as described above)) to the passive position (as described above) again. Regarding claim 27, Husmann discloses the safety brake device according to claim 26 wherein the actuation arrangement (as described above) comprises a controllable electromagnet (14), which acts upon the trigger element (15,17,21) against the pretension force (from 16) when supplied with current. Regarding claim 29, Husmann discloses the safety brake catching arrangement device according to claim 26, wherein the actuation arrangement (as described above) has an electric rotary motor (see [0023] – actuator operating according to electromechanical principle), which acts upon the trigger element (15,17,21) in order to move same the tripper element (as described above) between the passive position (fig 3) and the trigger position (fig 6-7). Regarding claim 30, Husmann discloses the safety brake catching arrangement device according to claim 29, wherein the rotary motor (as described above) is designed to move in one direction of rotation only (see [0023]). Allowable Subject Matter Claims 28 and 31 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. The following is a statement of reasons for the indication of allowable subject matter: Claim 28 is patentable over the prior art of record because the teachings of the references taken as a whole do not show or render obvious the combination set forth in claim 28, including every structural element recited in the claims, especially, the configuration wherein the controller for the actuation arrangement in case of a manual input or in accordance with a specifiable schedule, activates the actuation arrangement such that the trigger element is moved to the trigger position more slowly than in an emergency. None of the references of the prior art teach or suggest the elements of the elevator system as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the system in the manner required by the claims. Claim 31 is patentable over the prior art of record because the teachings of the references taken as a whole do not show or render obvious the combination set forth in claim 31, including every structural element recited in the claims, especially, the configuration wherein, in case of a manual input or in accordance with a specifiable schedule, the rotary motor is operated with lower rpm than after an emergency. None of the references of the prior art teach or suggest the elements of the elevator system as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the system in the manner required by the claims. Response to Arguments Applicant’s arguments with respect to claim(s) 18-31 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A RIEGELMAN whose telephone number is (571)270-7956. The examiner can normally be reached 8-6 EST Monday - Friday. 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, Michael Mansen can be reached at (571) 272-6608. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. MICHAEL A. RIEGELMAN Primary Examiner Art Unit 3654 /MICHAEL A RIEGELMAN/ Primary Examiner, Art Unit 3654
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Prosecution Timeline

Aug 02, 2024
Application Filed
Jun 10, 2025
Non-Final Rejection — §102
Sep 08, 2025
Response Filed
Sep 24, 2025
Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
94%
With Interview (+15.5%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 948 resolved cases by this examiner. Grant probability derived from career allow rate.

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