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 .
Response to Amendment
The amendment filed 06/23/2025 has been entered. Claims 1-2, 6-7, 12 have been amended and claims 3, 8 have been cancelled. Therefore, claims 1-2, 4-7 and 9-12 are now pending in the application.
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-7 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lembach et al. (US – 2011/0293849 A1), and further in view of QI et al. (US – 2021/0207670 A1).
As per claim 1, Lembach discloses Method For Producing A Brake Disc comprising:
method for producing a brake disc (Title, Fig: 2) which has a base body (R, Fig: 2) and, on at least one side of the base body, a friction surface layer (B, Fig: 2) having a friction surface (Fig: 2), wherein the friction surface layer is sprayed onto the base body (R) or onto an intermediate layer applied on the base body via cold gas spraying of a particle mixture (The cold gas spraying and the arc wire spraying are also suitable for generating the coating B of metal, [0035], Fig: 2), wherein the particle mixture consists 25 to 75% by weight of a metal matrix material (A coating B of ceramics is for example formed of titanium oxide (TiO.sub.2) or of aluminum oxide (Al.sub.20.sub.3), preferably with a part between 3 weight percent and 40 weight percent, [0030], Fig: 2) and 75 to 25% by weight of a carbide material, wherein the metal matrix material consists of one of the following materials (A coating B of carbides is for example WCCr.sub.3C.sub.2Ni, that is, this embodiment of the coating B is formed of tungsten carbide, preferably with a part of about 73 weight percent, chromium carbide, preferably with a part of about 20 weight percent and nickel, preferably with a part of about 7 weight percent., [0028], Fig: 2): and
wherein the carbide material consists of one of the following materials:
- tungsten carbide
- titanium carbide
- iron carbide
- silicon carbide
- chromium carbide (chromium carbide, [0028], Fig: 2).
- niobium carbide.
Lembach discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the metal matrix material consists of one of the following material:
- titanium
- titanium alloy.
QI discloses Brake Disc And Manufacturing Method comprising:
the metal matrix material consists of one of the following material:
- titanium
- titanium alloy (titanium-based alloy fibers, [0049] and Claim 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Method For Producing A Brake Disc of the Lembach to use the titanium-based alloy fibers as taught QI in order to provide safer, more reliable, low in weight, long in service life and low in use cost are urgently needed to be developed for the development of industries of motor vehicles, rail vehicles and aircrafts at present.
As per claims 6 and 12, Lembach discloses Method For Producing A Brake Disc comprising:
wherein the brake disc (Fig: 2) has a base body (R, Fig: 2) and, on at least one side of the base body, a friction surface layer (B, Fig: 2) having a friction surface (Fig: 2), wherein the friction surface layer consists of a composite material, which is produced by cold gas spraying a particle mixture onto the base body or onto an intermediate layer applied on the base body (The cold gas spraying and the arc wire spraying are also suitable for generating the coating B of metal, [0035], Fig: 2), wherein the particle mixture consists 25 to 75% by weight of a metal matrix material (A coating B of ceramics is for example formed of titanium oxide (TiO.sub.2) or of aluminum oxide (Al.sub.2O.sub.3), preferably with a part between 3 weight percent and 40 weight percent, [0030], Fig: 2) and 75 to 25% by weight of a carbide material, wherein the metal matrix material consists of one of the following materials (A coating B of carbides is for example WCCr.sub.3C.sub.2Ni, that is, this embodiment of the coating B is formed of tungsten carbide, preferably with a part of about 73 weight percent, chromium carbide, preferably with a part of about 20 weight percent and nickel, preferably with a part of about 7 weight percent., [0028], Fig: 2): and
wherein the carbide material consists of one of the following materials:
- tungsten carbide,
- titanium carbide,
- iron carbide,
- silicon carbide,
- chromium carbide (chromium carbide, [0028], Fig: 2),
- niobium carbide.
Lembach discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the metal matrix material consists of one of the following material:
- titanium
- titanium alloy.
QI discloses Brake Disc And Manufacturing Method comprising:
the metal matrix material consists of one of the following material:
- titanium
- titanium alloy (titanium-based alloy fibers, [0049] and Claim 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Method For Producing A Brake Disc of the Lembach to use the titanium-based alloy fibers as taught QI in order to provide safer, more reliable, low in weight, long in service life and low in use cost are urgently needed to be developed for the development of industries of motor vehicles, rail vehicles and aircrafts at present.
As per claims 2 and 7, Lembach discloses wherein the intermediate layer is sprayed onto the base body (the hardened surface layer O forms on the coating B by means of the after-treatment., [0026], Fig: 2, so that coating B is intermediate layer and surface layer O is outer most layer, Fig: 2), via cold gas spraying of a particulate metal matrix material (The cold gas spraying and the arc wire spraying are also suitable for generating the coating B of metal, [0035], Fig: 2).
Lembach discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the metal matrix material consists of one of the following material:
- titanium
- titanium alloy.
QI discloses Brake Disc And Manufacturing Method comprising:
the metal matrix material consists of one of the following material:
- titanium
- titanium alloy (titanium-based alloy fibers, [0049] and Claim 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Method For Producing A Brake Disc of the Lembach to use the titanium-based alloy fibers as taught QI in order to provide safer, more reliable, low in weight, long in service life and low in use cost are urgently needed to be developed for the development of industries of motor vehicles, rail vehicles and aircrafts at present.
As per claims 4 and 9, Lembach discloses wherein the titanium alloy contains 5.5 to 6.75% by weight aluminium and 3.5 to 4.5% by weight vanadium (A coating B of ceramics is for example formed of titanium oxide (TiO.sub.2) or of aluminum oxide (Al.sub.2O0.sub.3), preferably with a part between 3 weight percent and 40 weight percent, [0030], Fig: 2).
As per claims 5 and 10, Lembach discloses wherein the base body is brushed mechanically, chemically or by means of a laser, before being sprayed in a region onto which the particle mixture forming the friction surface layer or the particulate metal matrix material forming the intermediate layer is sprayed (a brake disc fora vehicle, comprising a main body of a metal material, particularly gray cast iron, which has friction surfaces, the friction surfaces are after-treated by means of carboring, carbonitriding, case hardening, gas nitriding, oxide nitriding, gas nitro carburizing, plasma nitriding, plasma oxidizing, borating, plasma carborating or plasma borating, [0010], Fig: 2).
As per claim 11, Lembach discloses wherein the base body (R) consists partially or entirely of cast steel, grey cast iron, cast aluminium, polymer or composite materials (in particular gray cast iron, which has friction surfaces (R), Abstract and claim 9, Fig: 2).
Response to Arguments
Applicant’s arguments, see REMARK, filed 06/23/2025, with respect to the rejection(s) of claim(s) 1-12 under 35 U.S.C 102(a)(1) and 103. have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lembach et al. (US – 2011/0293849 A1), and further in view of QI et al. (US – 2021/0207670 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 PM.
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/SAN M AUNG/ Examiner, Art Unit 3616
/Robert A. Siconolfi/ Supervisory Patent Examiner, Art Unit 3616