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
Amendments submitted on 06/25/2025 have been considered and entered. Claims 1 and 4 have been amended, and claims 7-9 have been newly added. Claims 1-9 are now pending in the present 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.
Claims 1, 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 111878532 A) in view of Aoshima (JP H11270602 A).
Regarding claim 1, Luo discloses a device (note the device in figs. 1-3) for sensing atmosphere temperature in a vehicle brake (note the abstract), the device comprising:
a brake installed at a vehicle (note the abstract);
a space formed in a brake lining (note the brake shoe lining 31 with an open space in fig. 3), the space being open toward a drum, the space having a predetermined inner diameter;
a through-hole formed through a brake shoe (note the brake shoe 31 and 32 in fig. 3), the through-hole having a predetermined inner diameter;
a case (12) fitted in the through-hole, the case being fixed to the through-hole by a plurality of fixing means (22);
an insertion recess formed in the case, the insertion recess being formed so as to be open to a rear (note the signal transmission line inserted through the case and connected with the sensor members 11 and 21);
an aeration hole (note the holes where the sensor members 11 and 21 passed through) formed in a front end of the case, the aeration hole being configured to allow the space and the insertion recess to be connected to each other such that aeration is performed therebetween, the aeration hole having a predetermined inner diameter.
Luo discloses all claimed limitations as set forth above including a fixing member (22) and a temperature sensor (21), wherein the temperature sensor being configured to measure frictional braking temperature transferred to the space, but fails to disclose the fixing member wherein the temperature sensor is fitted, wherein the fixing member is held within the case. However, Aoshima discloses a temperature detecting of brake lining comprising: a case (21), a fixing member (25e, 25d) wherein a temperature sensor (25) is fitted, wherein the fixing member is held within the case. It would have been obvious to one having ordinary skill in the art at the time before the filing date of the present application was made to modify the detecting device of Luo with the fixing member and the temperature sensor incased in the case as taught by Aoshima will eliminate unwanted movement of the sensor and thus performance of the temperature detecting element can be stabilized.
Re-claim 3, Luo discloses a shape of the space is a circle, a polygon, such as a quadrangle, a pentagon, a hexagon, or an octagon, an oval, or a combination thereof (note the brake shoe lining 31 with an open space in fig. 3).
Re-claim 4, Luo discloses the temperature sensor is installed in the space so as to have a height less than a wear limit of the brake lining (note the front end of the sensor 21 and the brake shoe lining 31 in fig. 3).
Claims 2 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 111878532 A) in view of Aoshima (JP H11270602 A), and in further view of Chen (CN 213932893 U).
Regarding claims 2 and 8, Luo discloses a device (note the device in figs. 1-3) for sensing atmosphere temperature in a vehicle brake (note the abstract), the device comprising:
a brake installed at a vehicle (note the abstract);
a brake lining having a space formed therein (note the brake shoe lining 31 with an open space in fig. 3), the space being open toward a drum, the space having a predetermined inner diameter, and a shape of the space is a circle, a polygon, such as a quadrangle, a pentagon, a hexagon, or an octagon, an oval, or a combination thereof (note the brake shoe lining 31 with an open space in fig. 3);
a through-hole formed through a brake shoe (note the brake shoe 31 and 32 in fig. 3), the through-hole having a predetermined inner diameter;
a case (12) fitted in the through-hole, the case being fixed to the through-hole by a plurality of fixing means (22);
an insertion recess formed in the case, the insertion recess being formed so as to be open to a rear (note the signal transmission line inserted through the case and connected with the sensor members 11 and 21);
an aeration hole (note the holes where the sensor members 11 and 21 passed through) formed in a front end of the case, the aeration hole being configured to allow the space and the insertion recess to be connected to each other such that aeration is performed therebetween, the aeration hole having a predetermined inner diameter;
wherein the case, along with the fixing member and the temperature sensor therein, is held in the space so as to have a height less than a wear limit of the brake lining (note the front end of the sensor 21 and the brake shoe lining 31 in fig. 3).
Luo discloses all claimed limitations as set forth above including a fixing member (22) and a temperature sensor (21), wherein the temperature sensor being configured to measure frictional braking temperature transferred to the space, but fails to disclose the fixing member wherein the temperature sensor is fitted, wherein the fixing member is held within the case. However, Aoshima discloses a temperature detecting of brake lining comprising: a case (21), a fixing member (25e, 25d) wherein a temperature sensor (25) is fitted, wherein the fixing member is held within the case. It would have been obvious to one having ordinary skill in the art at the time before the filing date of the present application was made to modify the detecting device of Luo with the fixing member and the temperature sensor incased in the case as taught by Aoshima will eliminate unwanted movement of the sensor and thus performance of the temperature detecting element can be stabilized.
Luo discloses the fixing means (22) but fails to disclose a plurality of recess formed along an outer circumferential surface of the case in front and rear ends of the case and a clip front-end snap ring and a rear-end snap ring coupled to the front-end recess and the rear-end recess, respectively, the front-end snap ring and the rear-end snap ring being supported by the brake shoe. However, Chen discloses a temperature sensor having a recess 22 and a clamp spring 23 coupled to the recess as shown in fig. 9. It would have been obvious to one having ordinary skill in the art at the time before the filing date of the present application was made to modify the connecting member of the case of Luo to use snap ring as taught by Chen will provide a snug fitting and prevent the device from coming loose.
Re-claims 7 and 9, Luo discloses the insertion recess has an insertion-recess ridge wherein the fixing member bottoms out on the insertion-recess ridge.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 111878532 A) in view of Aoshima (JP H11270602 A), and in further view of Michael (GB 2558769 A1).
Regarding claims 5-6, Luo discloses all claimed limitations as set forth above but fails to disclose a voltage conversion unit connected to the temperature sensor, wherein the voltage conversion unit comprises: a temperature sensor resistor having both ends connected to the temperature sensor; a distribution resistor connected to the other end of the temperature sensor resistor, the distribution resistor being connected to a power supply, and a display device and a warning device connected to the temperature monitoring device. However, Michael disclose a brake system comprising: a temperature sensor system (30, 60) including a temperature sensitive resistor so as to determine the ambient temperature in contact with the resistor by changes in voltage during operation and provides a warning to a human machine interface (48) to display and/or audibly warn a driver that a brake pad needs replacing. It would have been obvious to one having ordinary skill in the art at the time before the filing date of the present application was made to modify the device of Luo to include a monitoring device with resister as taught by Michael will provide more accurate and reliable warning signal and thus making the device more efficient.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 have been considered but are moot because the new ground of rejection does not rely on some 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.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616