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 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 –
Claim(s) 1, 3, 5-7 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 1,496,225.
Re-claim 1, GB ‘225 discloses a multi-part brake caliper, comprising: a first part 16 comprises a first portion arranged on a first side face 11 of a brake disc 10; a separate second part 21 comprises a second portion arranged at a second side face 12 of the brake disc; a middle part 23 connects the first and second part; the middle part is connected to the first part and the second part by a rotational joint, the rotational joint comprises: a rounded portion (outer circumference or periphery) is provided at the middle part; a receiving portion (i.e. bore features) receives the rounded portion at each of the first part and second part, the rounded portion is integrally formed with the middle part, axially protrudes with respect to an axial center of the middle part (the rounded portion extends outwardly from an axis of the middle part, or extends along an axis of the rotation of the brake disc), the middle part limits an increase in axial distance between the first part and the second part (middle part 23 prevents axial movement between the first and second part).
Re-claim 2, the rounded portion comprises a spherical segment. The phrase “spherical” merely requires the element to have features of a sphere, such as rounded or curved.
Re-claim 3, the receiving portion is shaped correspondingly to the rounded portion, see figures 1 and 2.
Re-claim 5, a rotation axis of the rotational joint 23 extends at an angle to a rotation axis of a brake disc of the vehicle disc brake (such as substantially perpendicular).
Re-claim 6, a rotation about the rotational joint is limited in at least one direction by a contact between the middle part and the respectively connected first part and second part.
Re-claim 7, the middle part has a side face facing the first part and second part, the rounded portion is provided at the side face and the side face is inclined (the rounded surface defines an inclination).
Re-claim 10, GB ‘225 discloses a method for producing a brake caliper, the method comprising: connection a middle part 23 to a first part 16 and a second part 21 by arranging at least one rounded portion in at least one receiving portion and thereby forming at least one rotational joint, the brake caliper comprises: the first part comprising a first portion arranged at a first side face 11 of a brake disc 10 of the vehicle disc brake; the second part formed separately from the first part and comprising a second portion arranged at a second side face 12 of the disc brake; the middle part connects the first part and the second part; the rounded portion is provided at the middle part and the receiving portion is provided at the first part and the second part, the rounded portion is integrally formed with the middle part, axially protrudes with respect to an axial center of the middle part, and is configured to limit an increase in axial distance between the first part and the second part.
Re-claim 11, at least the first and second part are produced differently than the middle part, such as machining methods. In addition, the first and second parts are produced differently reflected by the physical structure of the parts.
Re-claim 12, the rounded portion comprises a half-spherical segment. The phrase “spherical” merely requires the element to have features of a sphere, such as rounded or curved.
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.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over GB ‘225 in view of US 2001/0017244 A1 to Campagnolo.
Re-claims 8 and 9, GB ‘225 fail to teach an elastic member supporting the rounded portion when the rounded portion is in the receiving portion, and shaped to the rounded portion.
Campagnolo teaches an elastic member 9 (i.e. low friction plastic material) that supports a rounded portion 4 and placed within a receiving portion (see figure 2), the elastic member is shaped to the rounded portion. This member reduces friction between relative moving parts, thus reducing wear. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided in the receiving portions and about the rounded portion of GB ‘225 an elastic member as taught by Campagnolo, thus reducing wear between the rotating parts.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 5-12 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
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 inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
October 24, 2025
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616