DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 10-14 is/are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over US Patent Application 2005/0087406 to Meckel in view of US Patent 6290032 to Patrick et al.
Re: claim 10. Meckel shows in figures 2 and 3 a coated brake disk comprising: a brake disk substrate 26 having parallel surfaces shown in figure 2, at least a portion of the parallel surfaces applied with a surface finish to impart a predetermined three-dimensional texture shown in figure 3 to the parallel surfaces of the brake disk, wherein the three-dimensional surface texture is selected from the group consisting of a woven structure and a textured structure or particularly a textured surface, the three-dimensional surface texture having as labeled in the annotated version of figure 3 peaks, valleys, and angular surfaces i.e. the illustrated transitions between the peaks and valleys, wherein in a finished product an outermost layer of the parallel surfaces of the brake disk is coated with a coating that includes
[AltContent: textbox (Angular surface)][AltContent: textbox (Angular surface)][AltContent: arrow][AltContent: textbox (Peaks )]
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[AltContent: arrow][AltContent: textbox (Valleys)][AltContent: arrow][AltContent: arrow]
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at least a first layer of a first coating material 28 described in paragraph [0023] and at least a second layer of a second coating material 30 described in paragraph [0024] applied by vapor deposition as described in the abstract as best understood, and wherein a portion of the coating is deposited on the peaks enhancing (i.e. by controlling the depositing of the coating) the predetermined three-dimensional texture of the parallel surfaces of the brake disk, but is silent with regard to the peaks and valleys specifically being pointed and is silent with regard to the portion of the coating being deposited on the peaks being more than what is deposited on the annular surfaces.
Patrick et al. teach in figure 3A the use of peaks and valleys that are pointed.
[AltContent: arrow][AltContent: textbox (Pointed peak)]
[AltContent: textbox (Pointed valley)][AltContent: arrow]
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It would have been obvious to one ordinary skill in the art before the effective filing date of the invention to have modified the peaks and valleys of Meckel to have been pointed, in view of the teachings of Patrick et al., in order to provide a surface with greater friction as well as better coating adhesion and durability.
Meckel teaches in paragraph [0009] that the coating is preferably deposited on portions of the brake disks that will be visible when the brake disk is installed on the vehicle. It is noted that after some level of wear, the peaks would be first visible before the angular surfaces.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the 3-D surface of Meckel, as modified, to have coated the peaks more than the angular surfaces, in view of the teachings of Meckel, in order to provide reinforced coating on the portions that will contact a load first to help reduce wear and improve the overall life of the brake disc.
Re: claims 11 and 13. See paragraph [0024] of Meckel.
Re: claims 12 and 14. See paragraphs [0023] and [0024] of Meckel.
Response to Arguments
Applicant’s arguments with respect to claim(s) 10-14 have been considered but are moot because the new grounds of rejection (new interpretation of the Meckel reference) do not rely on the combination of references applied in the previous office action.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/4/26 has been entered.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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mmb
August 21, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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