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 .
Response to Arguments
Applicant's amendments to the claims remedies the U.S.C. 112(b) issues raised in the office action dated 02/06/2026, therefore these rejections have been withdrawn.
Applicant’s arguments, see remarks, filed 05/04/2026 with respect to the specification objection pertaining to the typo “caliber” have been fully considered and are persuasive, applicant’s amendments revises “caliber” to read “caliper”, therefore these objections have been withdrawn.
Applicant's remarks state that "Fig. 2 shows a brake caliper 2". However, as best understood, reference number "2" points to a schematically drawn hydraulic cylinder in Fig. 2 and therefore does not remedy the drawing objection. The example image below shows a “caliper” in accordance with conventional knowledge.
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Applicant's arguments filed 05/04/2026 pertaining to the prior art references have been fully considered but they are not persuasive.
Applicant’s remarks state:
Elving discloses a Bowden cable linkage 104 connected to a handle 102 on the one side and to a lever arrangement 112 on the other end. Moving the handle moves the lever arrangement 112 thereby creating a linear movement of the piston 116 to generate the operating pressure. There is no drive shaft disclosed having the coupling section. In addition, the lever is not rotatably supported on the housing with rotation generating the operating pressure. (Elving, col. 2 lines 47- 54, col. 3, lines 25-50)
However, the drive shaft limitation is met with the rotating shaft that is part of (112) that engages with the stops (114a, 114b). The coupling section is the smaller shaft in between the drive shaft and the piston. The drive shaft is supported on the housing (110) of the device at its point of rotation. Applicant’s remarks state that it is not a rotational movement generating the operating pressure, but a linear movement, however, the rotation of the drive shaft causes the linear movement of the piston and thus generates fluid pressure. This is consistent with applicant’s device which discloses rotation of applicant’s drive shaft (19) causes the linear movement of applicant’s piston (20). The axis of rotation for the drive shaft is not specified and therefore still meets the claimed limitations. Under the broadest reasonable interpretation, all claim limitations are met as discussed above.
Applicant’s remarks state:
Fujiki discloses a brake pedal BP which is fixedly coupled to the input rod 6. Operating the brake pedal BP moves the input rod 6 laterally. There is no rotation of the rod to generate the operating pressure. (Fujiki, col. 6, lines 1-45) The Office further defines the drive shaft to be the ball-screw shaft 57, which is, however, different from the input rod 6. (Office Action, page 9) While the ball-screw shaft 57 rotates, it does not comprise a coupling section and it is activated by drive motor 50.
However, Fujiki discloses: a hydraulic system (Fig. 2) for a rotor brake of a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the hydraulic system has a manually operable pump device (2, master cylinder is manually operable with the brake pedal, the electric motor that rotates the drive shaft 56 is controlled by the position of the brake pedal and therefore also considered to be manually operable) and a connection (10, 20) for connecting to the rotor brake (4a-4d), wherein the manually operable pump device is connected to the connection, wherein the manually operable pump device comprises a housing (see Fig. 2, housing encloses internal components, including but not limited to 2a), a drive shaft (56) and a coupling section (54, 51) for actuation, the coupling section being disposed at the axial end of the drive shaft (coupling section 54,51 is engaged with the drive shaft 56 at one axial end) and being releasably connectable to an external device (external device 50 is releasably connectable to the coupling section 51 by nature of being able to be disconnected/disassembled), wherein the drive shaft is rotatably supported on the housing (drive shaft 56 is supported on housing via BRG), and wherein rotation of the drive shaft relative to the housing generates the operating pressure (rotation of drive shaft 56 generates pressure by moving piston 2b forwards which pressurized fluid in chamber 2d). This new interpretation discloses of Fujiki discloses the claimed limitations of claim 1. The axis of rotation for the drive shaft is not specified and therefore still meets the claimed limitations. Under the broadest reasonable interpretation, all claim limitations are met as mapped above.
Applicant’s remarks state:
Brent discloses a lever arrangement 36, 38 which rotates about axis 50 to generate a linear movement of movable member 32 and piston 34. (Brent, col. 3, lines 8-24, 45-60) There is neither a drive shaft, nor a coupling section disclosed. In addition, it is not a rotational movement generating the operating pressure, but a linear movement.
However, Brent discloses a hydraulic system for a rotor brake of a wind turbine, wherein the hydraulic system has a manually operable pump device (10) and a connection (14) for connecting to the rotor brake (12), wherein the manually operable pump device is connected to the connection, wherein the manually operable pump device comprises a housing (24, 51), a drive shaft (36) and a coupling section (53, 38, 52) for actuation, the coupling section being disposed at the axial end of the drive shaft and being releasably connectable to an external device (drive shaft 36 is inherently releasably connectable to an external device such as robot arm because this limitation is directed towards a broad capability), wherein the drive shaft is rotatably supported on the housing (drive shaft 36 is rotatably supported on housing 51 at 50), and wherein rotation of the drive shaft relative to the housing generates the operating pressure (rotation of drive shaft 36 generates operating pressure through device 10). The axis of rotation for the drive shaft is not specified and therefore still meets the claimed limitations. Under the broadest reasonable interpretation, all claim limitations are met as mapped above.
See updated rejections below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/22/2026 has been considered by the examiner.
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 “brake caliper is hydraulically connected to the connection of the hydraulic system” as recited in claim 19 must be shown or the feature(s) canceled from the claim(s). 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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification does not disclose “releasably connectable to an external device” as recited in amended claim 1.
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) 1, 3-11, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elving et al. (US 9004614), hereinafter ‘Elving’.
Elving discloses:
1. (Currently Amended) A hydraulic system (see Fig. 1) for a rotor brake of a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the hydraulic system has a manually operable pump device (116, 118, 119, etc., manually operated via handle 102) and a connection (130f) for connecting to the rotor brake (132 is a rotor brake actuator), wherein the manually operable pump device is connected to the connection, wherein the manually operable pump device comprises a housing, a drive shaft and a coupling section for actuation, the coupling section being disposed at the axial end of the drive shaft and being releasably connectable to an external device, wherein the drive shaft is rotatably supported on the housing, and wherein rotation of the drive shaft relative to the housing generates the operating pressure (see annotated Elving Fig. 1’).
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3. The hydraulic system according to claim 1, wherein the hydraulic system further comprises a tank chamber (120), the tank chamber being connected to the manually operable pump device (see Fig. 1, tank 120 connected to device 118, 119).
4. The hydraulic system according to claim 3, wherein the hydraulic system comprises a first bypass line (130e), the first bypass line connecting the connection to the tank chamber bypassing the manually operable pump device, and a first closing valve (128) being disposed in the first bypass line.
5. The hydraulic system according to claim 4, wherein the first closing valve is a pressure relief valve (128) or a shut-off valve.
6. The hydraulic system according to claim 3, wherein the hydraulic system comprises a second bypass line (130c), the second bypass line connecting the connection to the tank chamber bypassing the manually operable pump device, and a second closing valve (124 or 126) being disposed in the second bypass line.
7. The hydraulic system according to claim 6, wherein the second closing valve is different from the first closing valve and wherein the second closing valve is a pressure relief valve (126) or a shut-off valve (124).
8. The hydraulic system according to claim 1, wherein hydraulic system is hydraulically preloaded (spring in actuator 132 hydraulically preloads the hydraulic system).
9. The hydraulic system according to claim 1, wherein the external device couplable to the coupling section is a tool or an external motor (102 is capable of being coupled to a tool or an external motor).
10. The hydraulic system according to claim 1, wherein the manually operable pump device comprises a pressure chamber (119), and a piston element (116), wherein the pressure chamber is formed within the housing (apparent from Fig. 1), wherein the piston element is movably disposed in the pressure chamber (apparent from Fig. 1), wherein the drive shaft is mounted rotatably relative to the housing and is connected to the piston element, wherein a rotation of the drive shaft moves the piston element linearly in the pressure chamber (rotation of linkages 112 cause the piston 116 to linearly translate within the housing 118 as seen in Fig. 1).
11. The hydraulic system according to claim 10, wherein the piston element is guided within the housing in such a way that rotation of the piston element relative to the housing is prevented (piston 116 is guided linearly within the housing 118), or wherein the drive shaft is axially movable relative to the housing and moves together with the piston element (drive shaft 112 partially moves axially relative to 118 during its rotation/pivoting).
19. A rotor brake for a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the rotor brake has at least one brake caliper (Col. 4 lines 18-22 discloses rotor brake actuator 132 actuating calipers) and a hydraulic system according to claim 1, wherein the brake caliper is hydraulically connected to the connection of the hydraulic system (Col. 4 lines 18-38).
Claim(s) 1, 3, 8-12, 19, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiki (US 9452747).
Fujiki discloses:
1. (Currently Amended) A hydraulic system (Fig. 2) for a rotor brake of a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the hydraulic system has a manually operable pump device (2, master cylinder is manually operable with the brake pedal, the electric motor that rotates the drive shaft 56 is controlled by the position of the brake pedal and therefore also considered to be manually operable) and a connection (20) for connecting to the rotor brake (4b), wherein the manually operable pump device is connected to the connection, wherein the manually operable pump device comprises a housing (see Fig. 2, housing encloses internal components, including but not limited to 2), a drive shaft (56) and a coupling section (54) for actuation, the coupling section being disposed at the axial end of the drive shaft and being releasably connectable to an external device (external device 50, 51 is releasably connectable by nature of electric motor being able to be disassembled from the device 5), wherein the drive shaft is rotatably supported on the housing (drive shaft 56 is supported on housing via BRG), and wherein rotation of the drive shaft relative to the housing generates the operating pressure (rotation of drive shaft 56 generates pressure by moving piston 2b forwards which pressurized fluid in chamber 2d).
3. The hydraulic system according to claim 1, wherein the hydraulic system further comprises a tank chamber (RES), the tank chamber being connected to the manually operable pump device.
8. The hydraulic system according to claim 1, wherein hydraulic system is hydraulically preloaded (fluid in the system is hydraulically filled prior to operation and is therefore preloaded).
9. The hydraulic system according to claim 1, wherein the external device couplable to the coupling section is a tool or an external motor (50).
10. The hydraulic system according to claim 1, wherein the manually operable pump device comprises a pressure chamber (2e), and a piston element (2b, 2c), wherein the pressure chamber is formed within the housing, wherein the piston element is movably disposed in the pressure chamber, wherein the drive shaft is mounted rotatably relative to the housing and is connected to the piston element, wherein a rotation of the drive shaft moves the piston element linearly in the pressure chamber (rotation of drive shaft 57 drives piston element 2b linearly within housing 2).
11. The hydraulic system according to claim 10, wherein the piston element is guided within the housing in such a way that rotation of the piston element relative to the housing is prevented, or wherein the drive shaft is axially movable relative to the housing and moves together with the piston element (drive shaft 57 moves axially relative to the housing 2 and moves together with the piston element 2b).
12. The hydraulic system according to claim 10 , wherein the piston element has a first piston part (2b), a second piston part (2a) and a preload element (2f), wherein the first piston part is connected to the drive shaft (first piston part 2b connected to drive shaft 57 via 58) and wherein the second piston part is connected to the first piston part via the preload element (second piston part 2c connected to first piston part 2b via spring 2f).
19. A rotor brake for a wind turbine, wherein the rotor brake has at least one brake caliper and a hydraulic system according to claim 1 (Col. 1 lines 48-57 discloses brake caliper), wherein the brake caliper is hydraulically connected to the connection of the hydraulic system.
21. (New) The hydraulic system according to claim 8, wherein the hydraulic preload is a spring preload integrated in the manually operable pump device (springs within the device seen in Fig. 2) or in an integrated hydraulic accumulator.
Claim(s) 1, 3, 8-12, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brent et al. (US 3228195), hereinafter 'Brent'.
Brent discloses:
1. (Currently Amended) A hydraulic system for a rotor brake of a wind turbine, wherein the hydraulic system has a manually operable pump device (10) and a connection (14) for connecting to the rotor brake (12), wherein the manually operable pump device is connected to the connection, wherein the manually operable pump device comprises a housing (24, 51), a drive shaft (36) and a coupling section (53, 38, 52) for actuation, the coupling section being disposed at the axial end of the drive shaft and being releasably connectable to an external device (drive shaft 36 is inherently releasably connectable to an external device such as robot arm because this limitation is directed towards a broad capability), wherein the drive shaft is rotatably supported on the housing (drive shaft 36 is rotatably supported on housing 51 at 50), and wherein rotation of the drive shaft relative to the housing generates the operating pressure (rotation of drive shaft 36 generates operating pressure through device 10).
3. The hydraulic system according to claim 1, wherein the hydraulic system further comprises a tank chamber (26), the tank chamber being connected to the manually operable pump device.
8. The hydraulic system according to claim 1, wherein hydraulic system is hydraulically preloaded (fluid in the system is hydraulically filled prior to operation and is therefore preloaded).
9. The hydraulic system according to claim 1, wherein the external device couplable to the coupling section is a tool (36, lever is interpreted to be a tool) or an external motor.
10. The hydraulic system according to claim 1, wherein the manually operable pump device comprises a pressure chamber (46), and a piston element (34, 30), wherein the pressure chamber is formed within the housing, wherein the piston element is movably disposed in the pressure chamber, wherein the drive shaft is mounted rotatably relative to the housing and is connected to the piston element (38 rotates/pivots relative to the housing 24), wherein a rotation of the drive shaft moves the piston element linearly in the pressure chamber (rotation/pivoting of 38 drives piston element 34 linearly into the housing 24 which drives piston element 30 into the pressure chamber 46).
11. The hydraulic system according to claim 10, wherein the piston element is guided within the housing in such a way that rotation of the piston element relative to the housing is prevented, or wherein the drive shaft is axially movable relative to the housing and moves together with the piston element (drive shaft 38 partially axially moves while rotating relative to the housing 24 and moves with the piston element 34).
12. The hydraulic system according to claim 10 wherein the piston element has a first piston part (34), a second piston part (30)and a preload element (56), wherein the first piston part is connected to the drive shaft and wherein the second piston part is connected to the first piston part via the preload element.
19. A rotor brake for a wind turbine, wherein the rotor brake has at least one brake caliper (12, 20, 16) and a hydraulic system according to claim 1, wherein the brake caliber is hydraulically connected to the connection of the hydraulic system.
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, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kutcher (US 4449053) in view of Elving.
Regarding claim 1, 19 and 20, Kutcher discloses a wind turbine (10) with a rotor brake (102) wherein the rotor brake has at least one brake caliper (Col. 5 lines 59-68) wherein the brake caliber is hydraulically actuated (Col. 5 lines 59-61).
Kutcher does not disclose the hydraulic system according to claim 1.
However, Elving discloses a hydraulic system (Elving see Fig. 1) for a rotor, wherein the hydraulic system has a manually operable pump device (116, 118, 119, etc., manually operated via handle 102) and a connection (130f) for connecting to the rotor brake (132 is a rotor brake actuator), wherein the manually operable pump device is connected to the connection, wherein the manually operable pump device comprises a housing, a drive shaft and a coupling section for actuation, the coupling section being disposed at the axial end of the drive shaft and being releasably connectable to an external device, wherein the drive shaft is rotatably supported on the housing, and wherein rotation of the drive shaft relative to the housing generates the operating pressure (see annotated Elving Fig. 1’).
Since Kutcher remains silent as to the specifics of the hydraulic system that operates the rotor brake, and Elving discloses a suitable hydraulic system for operating a rotor brake, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Kutcher to have used the hydraulic system of Elving to actuate to rotor brake of the wind turbine of Kutcher as a matter combining prior art elements according to known methods to yield predictable results.
It is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A). The MPEP states the prior art must: (1) teach each claimed element (a method or apparatus that will be modified), (2) show that one of ordinary skill in the art could have combined the elements by known methods and that the combination doesn’t change the function of the elements, and (3) show that one of ordinary skill would have recognized that applying the known technique to the base device would yield predictable results. See MPEP 2143(A).
In this case, Kutcher teaches all elements except the hydraulic system of claim 1. Elving teaches the hydraulic system of claim 1, which has the function of hydraulically operating a brake rotor. When combined into Kutcher as the hydraulic system for the brake rotor of the wind turbine, it maintains its function of operating a brake rotor. One of ordinary skill would expect predictable results because both references pertain to operating brake rotors that function in the same manner in the environment of hydraulically operated brakes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kutcher in view of Elving because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brent in view of Bakker et al. (US 7316177).
Brent discloses the hydraulic system according to claim 10, but does not disclose wherein the manually operable pump device has a locking element movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element.
However, Bakker discloses wherein the manually operable pump device (Bakker, 200) has a locking element (Bakker 360, 296) movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element (Col. 10 lines 47-64 discloses a locked position in which the handle cannot rotate with respect to the housing and an unlocked position in which the handle is able to be rotated to operate the manual pump).
It is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A). The MPEP states the prior art must: (1) teach each claimed element (a method or apparatus that will be modified), (2) show that one of ordinary skill in the art could have combined the elements by known methods and that the combination doesn’t change the function of the elements, and (3) show that one of ordinary skill would have recognized that applying the known technique to the base device would yield predictable results. See MPEP 2143(A).
In this case, Brent teaches all elements except wherein the manually operable pump device has a locking element movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element.
Bakker teaches wherein the manually operable pump device has a locking element movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element, which has the function of locking the position of the handle of the manual pump. When combined into Brent in an analogous manner, it maintains its function of locking the position of the handle of the manual pump. One of ordinary skill would expect predictable results because both references pertain to manual hand pumps that function in the same manner in the environment of pumping in fluid systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Brent in view of Bakker because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aubry et al. (US 5462137) discloses a hydraulic system for a rotor brake (10)
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 Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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, Nathaniel E. Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 June 30, 2026
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