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 Objections
Claims 23 and 26 are objected to because of the following informalities: the phrase “wherein the housing comprising a rotary-sealing” should be changed to --wherein the housing comprises a rotary-sealing-- for grammatical purposes. Appropriate correction is required. The remaining claim is objected to due to its dependency from claim 23.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SE-535405 (SE’405).
SE’405 shows in figures 1 and 3 a brake system for attachment to an axle of a vehicle, the brake system comprising a braking mechanism having a rotor 10 attached to a hub 7, and a caliper 12 for receiving a portion of the outer circumference of the rotor permitting stopping rotation of the rotor, and comprising a body 5 defining the space for containment of the braking mechanism, and a circular portion or a portion of which shown at the line bisecting portions 17a having an outer periphery configured to divert debris generated during operation of the vehicle from the outer periphery, wherein the outer periphery comprises a plurality of channels 17a arranged in a spaced apart relationship with respect to each other as shown, each channel having a limited circumferential extent and extending transversely across the outer periphery from one side of the housing or the side to the left of the line to the other side of the housing or the side to the right of the line to divert the debris away from the outer periphery.
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Allowable Subject Matter
Claims 1, 3, 4, 11, 12, and 15-21 are allowed.
Claims 23 and 26 are objected to as set forth above.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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
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 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
December 5, 2025
/MELODY M BURCH/Primary Examiner, Art Unit 3616