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 Rejections - 35 USC § 112
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.
Claims 1-11 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites the limitation “and a retaining apparatus connected to the first loading assembly and configured so as to fix the first loading assembly in any position” where it is unclear what is structurally required of the retaining apparatus to fix the loading assembly in any position. Looking to the specification it seems “any position” is [0033: a first loading assembly 108 for moving the wheel adapter element 102 in a first translational direction], where the retaining apparatus fixes the first loading assembly to a position along the first direction
Claim 2 recites the relative term “gradually” which is unclear as to what is structurally required to meet the term over a providing a brake movement.
Claim 6 recites the element of “a transfer element” with no structural or functional description of what the element is claiming. Examiner looks to the specification [0023] where it seems a transfer element is an element connected between the articulating lever element and the wheel adapter element.
All dependent claims are rejected for their dependence on a rejected base claim.
Indication of Allowable Subject Matter
Claims 7 & 9-10 are objected to and would be allowable if:
1) Rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
2) Rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding the relevant prior art to Claims 7 & 9. The closest prior art is Haeg (US 5633464) which discloses invention of claim 1.
Regarding the novelty of Claim 7. Haeg nor the prior art combines the feature of a disc brake on a first loading assembly with the second and third loading assembly wherein the transfer element of the first loading assembly is connected in an articulated manner to transfer elements of the second and third loading assemblies in a three-joint node.
Regarding the novelty of Claim 9. Haeg nor the prior art discloses the fixation element is configured as a friction brake and the retaining apparatus comprises a brake disk or a brake disk segment, which is configured so as to cooperate with the friction brake in order to fix the first loading assembly, and wherein the at least one elastic buffer element is arranged such that the friction brake is movable in relation to the bracket at least in a plane parallel to the brake disk/brake disk segment.
Regarding dependent Claim 10 is rejected due to the 112(b) rejection of Claim 1 and is objected to based on its dependence on the indicated allowable material of Claim 9.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 & 8 are rejected under 35 U.S.C. 102(a)(1 & 2) as being anticipated by Haeg (US 5633464: “Haeg”).
Claim 1. Haeg discloses an apparatus (10) for introducing force into a test vehicle (14)[Abstract], wherein the apparatus (10) comprises: a wheel adapter element (16) configured so as to be connected to a test vehicle (14 at spindle 12)[Col. 2 lines 15-20: The vehicle spindle test fixture 10 includes a first embodiment of a wheel adapter housing 16 that is suitably fixed to the vehicle spindle 12. A first loading assembly 18 is joined to the wheel adapter housing 16 using a pair of vertically extending loading links or struts 20. Generally, the first loading assembly 18 applies loads to the wheel adapter housing 16, and thus the spindle 12]; at least one first loading assembly (18) for moving the wheel adapter (16) element in a first direction [Col.2 lines 55-61: the first loading assembly 18 applies loads to the wheel adapter housing 16, and thus the spindle 12, in directions parallel to two mutually perpendicular axes 22 and 24. In addition, the first loading assembly 18 applies a rotational moment or torque about an axis 26 that is mutually perpendicular to axes 22 and 24]; and a retaining apparatus (20 & 250) [Col. 6 lines 15-25 & 50-61: A braking moment is applied to the wheel adapter housing 16 through a differential movement of the vertical struts 20. Specifically, the lower end of the vertical struts 20 are joined with a delta-shaped (triangular) bell crank 250. The struts 20 are connected to the bell crank 250 at suitable pivots 252 and 254. The pivots 252 and 254 are spaced in a longitudinal direction to be equal to the pivots 132 and 134 of the cross beam 128 and the pivots of the wheel adapter housing 16 so that the struts 20 are substantially straight. Load cells 258 and 260 are provided in each strut 20 to directly measure forces transmitted therethrough] connected to the first loading assembly (18) and configured so as to fix the first loading assembly (18) in any position [Col. 2 lines 58-61: the first loading assembly 18 applies loads to the wheel adapter housing 16, and thus the spindle 12, in directions parallel to two mutually perpendicular axes 22 and 24. In addition, the first loading assembly 18 applies a rotational moment or torque about an axis 26 that is mutually perpendicular to axes 22 and 24]; wherein the retaining apparatus (20 & 250) is controllable independently of the first loading assembly (18)[Col. 4 lines 15-21: The bearing assembly 48 acts as a thrust bearing transferring lateral forces received by the second loading member 44 to the first loading member 42] & [Col. 6 lines 15-21: A braking moment is applied to the wheel adapter housing 16 by pivoting the bell crank 250 about its pivot pin 270 …The lever 294 is mounted to have independent pivotal movement relative to the bell arm crank assembly 261. The lever 294 is controlled with a servo-controlled hydraulic actuator 298].
Claim 2. Dependent on the apparatus according to claim 1. Haeg further discloses the retaining apparatus (20 & 250) is configured so as to gradually brake movement of the first loading assembly (18) until the first loading assembly (18) rests in a desired position [Col. 2 first ¶] and is fixed by the retaining apparatus (20 & 250)[Col. 6 lines 51-67: A braking moment is applied to the wheel adapter housing 16 by pivoting the bell crank 250 about its pivot pin 270 and causing differential vertical movement of the vertical struts 20 through movement of a control link 290. The control link 290 is pivotally connected with pivot pin 292 to a lower end of the bell crank 250. At an end opposite bell crank 250, the control link 290 is pivotally joined to an actuator lever 294 with pin 295. The actuator lever 294 has one end 296 pivotally mounted on the same pivot axis as the bell crank arm assembly 261, or in other words, on the pivot pin 278. The lever 294 is mounted to have independent pivotal movement relative to the bell arm crank assembly 261].
Claim 8. Dependent on the apparatus according to claim 1. Haeg further discloses the retaining apparatus (20 & 250) comprises at least one fixation element (294 & 298) for activating the retaining apparatus (20 & 250), wherein the fixation element (294 & 298) is connected ( pivot pins 292 and 295) to a bracket (133) of the retaining apparatus (20 & 250) by at least one elastic buffer element (300) [Col. 6 last ¶: The lever 294 is controlled with a servo-controlled hydraulic actuator 298 that has an extendable and retractable rod 300. An outer end of rod 300 is connected to the lever 294 with a pivot pin 302. A base end of the actuator 298 is connected to the pedestal 286. Upon movement of the actuator rod 300, the lever 294 will cause displacement of the control link 290 and pivotal movement of the bell crank 250 about pivot pin 270, which in turn, causes one of the vertical struts 20 to move upwardly while the other vertical strut moves downwardly].
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.
Claims 3-6 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Haeg (US 5633464: “Haeg”) in view of Ferrar (US 20090267010: “Ferrar”).
Claim 3. Dependent on the apparatus according to claim 2. Haeg does not explicitly disclose:
the retaining apparatus comprises a disk brake in order to gradually brake the movement of the loading assembly.
Ferrar teaches a lock i.e. hydraulically operated disk brake, is provided at a pivot for selectively locking and unlocking the arm into fixed angular orientation with respect to the mounting portion, and a control part controls release of the lock [Abstract]. Ferrar further teaches the retaining apparatus (58 disk brake, 60 caliper, 62 caliper & 105 hydraulic control) comprises a disk brake (58) in order to gradually brake the movement of the loading assembly (16)[0019: first brake disc 58. Attached to the first end 18 of the first arm 16 by a pair of brackets 53, 55, each of which has a pair of downwardly extending slide pins 61-61 attached thereto, is a first pair of hydraulically operated brake calipers 60, 62 that float with respect to the brake disc 58 on slide pins 61-61. Each of the brake calipers 60, 62 includes first and second parallel operated pistons, 66, 67, 68, 69].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Ferrar’s disc brake with supported calipers for braking angular movement on a pivot joint with Haeg’s pivot shaft because a disc brake on a pivot improves rigid locking after positioning a support arm without slack offset from indirect locking by using a directly locking of the pivot point [Ferrar 0002].
Claim 4. Dependent on the apparatus according to claim 3. Haeg does not explicitly disclose:
the disk brake comprises a brake disk or brake disk segment mounted on the first loading assembly.
Ferrar teaches a lock i.e. hydraulically operated disk brake, is provided at a pivot for selectively locking and unlocking the arm into fixed angular orientation with respect to the mounting portion, and a control part controls release of the lock [Abstract]. Ferrar further teaches a disk brake (58 comprises a brake disk (58) mounted on the first loading assembly (16)[0019: first brake disc 58. Attached to the first end 18 of the first arm 16 by a pair of brackets 53, 55, each of which has a pair of downwardly extending slide pins 61-61 attached thereto, is a first pair of hydraulically operated brake calipers 60, 62 that float with respect to the brake disc 58 on slide pins 61-61. Each of the brake calipers 60, 62 includes first and second parallel operated pistons, 66, 67, 68, 69].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Ferrar’s disc brake with supported calipers for braking angular movement on a pivot joint with Haeg’s pivot shaft because a disc brake on a pivot improves rigid locking after positioning a support arm without slack offset from indirect locking by using a directly locking of the pivot point [Ferrar 0002].
Claim 5. Dependent on the apparatus according to claim 4. Haeg further discloses the first loading assembly (16) comprises a lever element (124 & 126) arranged between a first actuator (125) and the wheel adapter element (16) in order to move the wheel adapter element (16) in the first direction [Col. 4 last ¶]. Haeg does not explicitly disclose:
the brake disk or brake disk segment is fixed on a pivot axis of the lever element.
Ferrar teaches a lock i.e. hydraulically operated disk brake, is provided at a pivot for selectively locking and unlocking the arm into fixed angular orientation with respect to the mounting portion, and a control part controls release of the lock [Abstract]. Ferrar further teaches a disk brake (58 comprises a brake disk (58) fixed on a pivot axis of the lever element (16)[0019: first brake disc 58. Attached to the first end 18 of the first arm 16 by a pair of brackets 53, 55, each of which has a pair of downwardly extending slide pins 61-61 attached thereto, is a first pair of hydraulically operated brake calipers 60, 62 that float with respect to the brake disc 58 on slide pins 61-61. Each of the brake calipers 60, 62 includes first and second parallel operated pistons, 66, 67, 68, 69].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Ferrar’s disc brake with supported calipers for braking angular movement on a pivot joint with Haeg’s pivot shaft because a disc brake on a pivot improves rigid locking after positioning a support arm without slack offset from indirect locking by using a directly locking of the pivot point [Ferrar 0002].
Claim 6. Dependent on the apparatus according to claim 5. Haeg further discloses the first loading assembly (18) comprises a transfer element (128 & 130) which is arranged between the lever element (124 & 126) and the wheel adapter element (16) [Col. 4 last ¶: The longitudinal forces are transferred to the wheel adapter housing 16 through longitudinal struts 124 and 126 which are connected to a cross beam 128 through a suitable spherical joint 130].
Claim 11. Dependent on claim 1 where a test bench (10) for simulating forces and loads occurring during driving operation in a test vehicle (14) [Col. 1 lines 10-15], wherein the test bench (10) comprises one apparatus according to claim 1. Haeg does not explicitly disclose:
the test bench for each wheel of the test vehicle.
The positioning of identical test benches as cited in claim 1 on all wheels of the test vehicle is a duplication of parts. The courts have held that mere duplication of the essential working parts of a device involves only routine skill in the art St. Regis Paper Co. vs. Bemis Co. 293 USPQ 8 and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP 2144.04 (VI)(B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate Haeg’s test bench on each of the wheels of the vehicle under test because the arrangement of simultaneous testing of all the wheels improves time efficient testing of one or more vehicles.
Prior Art Considered but not Utilized
The prior art made of record and not relied upon and is considered pertinent to applicant's disclosure is provided in the following table:
Prior Art Document Identifier
Inventor
Comment
US 5083453
Daley; Joseph W.
A vehicle spindle test fixture that permits applying a brake load torque to the spindle or test unit has a loading actuator that will permit high input force levels
US 4196630
Rudolph; Dale C.
[Col. 6 lines 51-55] a disc brake arrangement 108 to lock the angular rotation of rod 106 about the bracket 98.
US 5465615
Petersen; Niel R. et al.
A loading assembly that permits a lateral force to be applied parallel to an axis of a vehicle spindle includes a support frame and a wheel adapter housing mounted to the vehicle spindle
CN 208705062
GONG, Hai-bin et al.
a simulation test suspension assembly of two-side hub of the wheel load by first vehicle suspension assembly road simulator
DE 102004063041
TENTRUP THOMAS
A vehicle functional test stand has load units (302) connected to the wheels, flanges and hubs with the parts connected to the steering wheels able to follow rotational movements (305) or apply (308) pivoting forces and moments.
US 4981034
HAEG S R
The tyre simulating load link for a spindle coupled load simulator comprises a compressible fluid actuator assembly including a fluid cylinder, a
WO 0118522
BROSE C E et al.
he wheel adapter housing is mounted to vehicle spindle at a fixed position relative to spindle axis. The vertical struts are pivotally joined to wheel adapter housing at first pivot connection
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST. 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, Peter Macchiarolo can be reached at 571-273-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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