DETAILED ACTION
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.
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 1-3, 7, and 18 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.
In claim 1, line 12, Applicant recites “a brake lining carrier plate”. It is unclear if this limitation refers to the previously recited “at least one brake lining carrier plate” in line 3.
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.
Claims 1, 2, 7 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farkas et al. (WO 2020/038911 A1).
Re claim 1, Farkas et al. disclose a brake lining arrangement for a vehicle disc brake, comprising: at least one brake lining carrier plate (4, 4’) at least one friction lining (5, 5’) which is attached to the front surface of the at least one brake lining carrier plate at least one restoring element (30) which is fastened to a rear surface of the at least one brake lining carrier plate and which may be coupled to a brake calliper of the vehicle disc brake, wherein the at least one restoring element has at least two spring portions (37, 37’), wherein the at least one restoring element is configured such that the at least two spring portions of the at least one restoring element act on the brake calliper under pretensioning and wherein the at least one restoring element has at least one fastening portion (33, 33’) and has at least one stop portion (38, 38’) which has a predetermined spacing from the front surface of the brake lining carrier plate and wherein the brake lining arrangement has a brake lining carrier plate which has at least one recess (4b, 4b’) in which at least one stop portion extends.(Fig. 6)
Re claim 2, Farkas et al. disclose wherein the at least one restoring element js configured to be fastened thereby to the rear surface of the at least one brake lining carrier plate, wherein the at least one fastening portion (33, 33’) extends between the at least two spring portions.
Re claim 7, Farkas et al. disclose wherein the at least two spring portions (37, 37’) are configured to be hook-shaped.
Re claim 19, Farkas et al. disclose a brake lining arrangement for a vehicle disc brake, comprising: at least one brake lining carrier plate (4, 4’),at least one friction lining which is attached to the front surface of the at least one brake lining carrier plate at least one restoring element (30) which is fastened to a rear surface of the at least one brake lining carrier plate and which may be coupled to a brake calliper (1) of the vehicle disc brake, wherein the at least one restoring element has at least two spring portions (37, 37’), wherein the at least one restoring element is configured such that the at least two spring portions of the at least one restoring element act on the brake calliper under pretensioning; wherein the at least one restoring element has at least one fastening portion (33, 33’), the at least one restoring element being able to be fastened thereby to the rear surface of the at least one brake lining carrier plate, wherein the at least one fastening portion extends between the at least two spring portions; and wherein the at least one restoring element has at least one support portion (36, 36’) for support on the brake calliper.
Allowable Subject Matter
Claims 9-11 and 21 are allowed.
Claims 13-16, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 3 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 7 and 18 have been considered but are moot because the new ground of rejection does 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 MELANIE TORRES WILLIAMS whose telephone number is (571)272-7127. The examiner can normally be reached Tuesday - Friday 7:00AM-3:00PM.
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/MELANIE TORRES WILLIAMS/
Primary Examiner
Art Unit 3616
MTW
January 6, 2026