Ex Parte Goldberg et al - Page 12




              Appeal No. 2003-0275                                                                Page 12                 
              Application No. 09/550,032                                                                                  


              rotates with respect to the inductor to slow the rotation of the wheels when the actuator                   
              moves the first and second brake members to the actuated position.                                          


                     Based on our analysis and review of Bodie and claim 15, it is our opinion that the                   
              differences include (1) the step of providing a drive axle powered by an engine and                         
              including an axle housing extending between a pair of wheels with a rotating member                         
              for driving the wheels; (2) the step of generating a magnetic field between the rotating                    
              member and the axle housing during braking to produce a retarding force to additionally                     
              slow rotation of the wheels; and (3) storing energy generated by that magnetic field in                     
              an accumulator.                                                                                             


                     Based on our analysis and review of Boberg and claim 20, it is our opinion that                      
              the differences include (1) a retarding system having an actuated position and an                           
              unactuated position, the retarding system including at least one magnet mounted for                         
              rotation with at least one of the driveshaft or axle shaft and an inductor held fixed                       
              independently from the magnet wherein the retarding system selectively produces a                           
              retarding force as the magnet rotates with respect to the inductor to slow the rotation of                  
              the driveshaft or axle shaft when the retarding system is in the actuated position; and                     
              (2) a controller for moving the retarding system between the actuated and unactuated                        
              positions.                                                                                                  








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