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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/9/26 has been entered.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22, 27, and 28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase “the housing” lacks proper antecedent basis in the claim.
The remaining claims are indefinite due to their dependency from claim 22.
Claim Rejections - 35 USC § 102
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 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) 22, 27, and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application 2016/0025162 to Morse et al.
Re: claim 22. Morse et al. show in figure brake system for attachment to an axle of a vehicle, the brake system comprising a braking mechanism having a rotor 24 attached to a hub 42, and a caliper 26 for receiving a portion of the outer circumference of the rotor permitting stopping rotation of the rotor, and comprising a body 20 defining the space for containment of the braking mechanism, and a circular portion shown in figure 2 having an outer periphery shown for example within elements 80 configured to divert debris generated during operation of the vehicle from the outer periphery, wherein the outer periphery comprises a plurality of protrusions shown between elements 80 protruding outwards from the outer periphery and arranged in a spaced apart relationship with respect to each other as shown to define a plurality of channels 80 arranged in a spaced apart relationship with respect to each other as shown best in figure 7, each channel having a limited circumferential extent and extending transversely across the outer periphery from one side of the housing to the other side of the housing as shown in figure 7, wherein each channel comprises a first or top/left open end at the one side of the housing and a second or bottom/right open end at the other side of the housing to divert the debris away from the outer periphery, through the open ends of the channels.
Re: claims 27 and 28. Morse et al. show in figures 2 and 7 wherein the circular portion is defined by outer peripheral sections or the surfaces of elements 80 defined by wall segments arranged side by side at particular orientations with respect to each other defining surfaces or the surfaces of elements 80 configured to avoid build-up of debris by diverting the debris through the open ends.
Allowable Subject Matter
Claims 1, 3-4, 11-12, 15-21, 23, and 26 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 22 and its dependent claims have been considered but are moot because the new grounds of rejection do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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
May 5, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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