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 12/15/2025 have been considered and entered. Claims 1, 2, 9, 15 and 16 have been amended. Claims 1-20 pending in the present application.
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.
(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 1-3, 5, 10-16 and 20 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Kenneth (US 2014/0339026 A1).
Regarding claims 1 and 15, Kenneth discloses a brake device (figs. 8-12b) comprising:
a caliper body (4);
a brake pad (20) disposed on the caliper body and including a friction member positioned on a first surface of the brake pad and side protrusions (note the pad shown in fig. 3) protruding from side surfaces of the brake pad;
a return spring (50) having one side coupled to one of the side protrusions of the brake pad and the other side coupled to the caliper body (4) via a load spring (30);
the load spring (30) having one side coupled to the one of the side protrusions of the brake pad and the other side coupled to the caliper body, and supporting a weight in a vertical direction of the brake pad;
wherein the return spring (50) includes a spirally wound elastic coil configured to provide elasticity for restoring a position of the brake pad that has moved in a first direction in a second direction opposite to the first direction, and
the spirally wound elastic coil (58) extends in the second direction.
Re-claims 2 and 16, Kenneth discloses the return spring (50) further includes:
a pad-coupled portion (60 in fig. 11) coupled to the one of the side protrusions; and
a spring hook (52) caught on the caliper body at an end of the spirally wound elastic coil,
the spirally wound elastic coil (58) extending in the second direction from the pad-coupled portion.
Re-claim 3 and 10, Kenneth discloses the pad-coupled portion includes: a first pad-coupled portion (60) coupled to a first surface of the one of the side protrusions; and a second pad-coupled portion (56) extending in the second direction from the first pad- coupled portion and coupled to a side surface of the side protrusion.
Re-claim 5, Kenneth discloses the one of the side protrusions includes a third spring groove (26) extending in the first direction and is defined in a side surface of the one of the side protrusions, wherein the pad-coupled portion includes a third pad-coupled portion (60) inserted into the third spring groove.
Re-claim 11, Kenneth discloses the caliper body (4) includes a side slot receiving the one of the side protrusions inserted thereinto and extending in the first direction.
Re-claims 12 and 20, Kenneth discloses the load spring (30) includes:
a spring clip (top portion of spring 30) fitted to an upper side of the one of the side protrusions; and
a vertical elastic portion (32) in a U-shaped protruding from the spring clip in the second direction and bending again in the first direction,
wherein a lower end of the vertical elastic portion (32) is in contact with a lower portion of the side slot.
Re-claim 13, Kenneth disclose a clip protrusion disposed on the one of the side protrusions, wherein the spring clip includes a fixing hole (32), wherein the clip protrusion is fitted into the fixing hole.
Re-claim 14, Kenneth discloses a torque shim (note the shim attached to the pad shown in fig. 3) coupled to the side surface of the brake pad, located below the one of the side protrusions, and facing the caliper body.
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.
Claims 1, 2, 5, 11, 12, 14-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Alfred (DE 1168181 B) in view of Foucoin et al. (US 10,563,716 B2).
Regarding claims 1 and 15, Alfred discloses a brake device (fig. 1) comprising:
a caliper body (6);
a brake pad (33-36) disposed on the caliper body and including a friction member (33, 34) positioned on a first surface of the brake pad and side protrusions (32, 32’) protruding from side surfaces of the brake pad;
a return spring (37, 38) having one side coupled to one of the side protrusions (32, 32’) of the brake pad and the other side coupled to the caliper body (6);
wherein the return spring (37, 38) includes a spirally wound elastic coil configured to provide elasticity for restoring a position of the brake pad that has moved in a first direction (a direction to the right of the pads as shown in fig. 1) in a second direction (a direction to the left of the pads as shown in fig. 1) opposite to the first direction, and
the spirally wound elastic coil (note the coils of the springs 37 and 38) extends in the second direction.
Alfred fails to disclose a load spring having one side coupled to the one of the side protrusions of the brake pad and the other side coupled to the caliper body, and supporting a weight in a vertical direction of the brake pad. However, Foucoin et al. discloses a brake device (figs. 1-10) comprising: a caliper body (14, 27), a brake pad (28) and a load spring (100) having one side coupled to the one of the side protrusions of the brake pad and the other side coupled to the caliper body, and supporting a weight in a vertical direction of the brake pad. 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 brake assembly of Alfred to provide a load spring as taught by Foucoin et al. will further support the brake pads and prevent it from unwanted rattling and noise of the brake pads during operation.
Re-claims 2 and 16, Alfred discloses the return spring (37, 38) further includes:
a pad-coupled portion (19) coupled to the one of the side protrusions; and
a spring hook (note the end portion of the spring engaged with the body 6) caught on the caliper body at an end of the spirally wound elastic coil (note the coil portion of the spring 37, 38),
the spirally wound elastic coil (note the coil portion of the spring 37, 38) extending in the second direction (a direction to the left of the pads as shown in fig. 1) from the pad-coupled portion.
Re-claim 3 and 10, Alfred discloses the pad-coupled portion includes: a first pad-coupled portion (note opening of the portions 32 and 32’ where end portions of the springs 37 and 38 passed through) coupled to a first surface of the one of the side protrusions; and a second pad-coupled portion (the portions 32 and 32’ extending in the second directions of the brake assembly as shown in fig. 1) extending in the second direction from the first pad- coupled portion and coupled to a side surface of the side protrusion.
Re-claim 5, Alfred discloses the one of the side protrusions includes a third spring groove (note the complementary hole for the rivet 68 to extend through as shown in fig. 8) extending in the first direction and is defined in a side surface of the one of the side protrusions, wherein the pad-coupled portion includes a third pad-coupled portion (68) inserted into the third spring groove.
Allowable Subject Matter
Claims 4, 6-9 and 17-19 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.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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