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
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 1-3, 6, 7, 10, 11, 14, 15, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burgoon et al. (US 2013/0062149).
Regarding claim 1, Burgoon discloses a method of adjusting a brake (see e.g. ¶ 0009), the method comprising steps of providing a spring applied hydraulic release caliper brake (3) (see ¶¶ 0014-0017; FIGS. 1-4), the spring applied hydraulic release caliper brake including a housing (8) carrying springs (64) acting on a piston (40) in a default position (see FIG. 3, default position would be when screw (66) is released, thereby allowing spring (64) to expand such that pad (20a) contacts rotor (7)), the housing further carrying an adjuster (56), with an outer portion of the adjuster being in direct contact with an outermost spring of the springs (see FIG. 3); releasing the brake from the default position to a released position (see FIG. 3, released position is when screw (66) fully retracts piston (40) relative to adjuster (56)), where the released position includes the piston directly contacting the adjuster (see FIG. 3, piston (40) will contact adjuster (56) in fully retracted position); and rotating the adjuster a predetermined amount to thereby cause the springs and the piston to also rotate with the rotating of the adjuster (see FIG. 3, ¶ 0017; adjuster (56) is configured to rotate and is connected to piston (40) and spring (64)), the step of rotating thereby removing an amount of clearance between the piston and a stator (16a) (see FIG. 3, as adjuster (56) is rotated, clearance between stator (16a) and piston (40/46) is reduced), such that the removing of the amount of clearance becomes a new default position for the spring applied hydraulic release caliper brake (see e.g. ¶¶ 0014-0017) (see also MPEP 2112.02, “[w]hen the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process”).
Regarding claim 2, Burgoon discloses that the step of releasing the brake includes applying hydraulic fluid pressure in an area (42) behind the piston (see ¶ 0016), which hydraulic fluid pressure results in the piston directly contacting the adjuster (see FIG. 3), where the step of releasing further includes inserting a threaded bolt (66) into a threaded hole within the piston without torquing the threaded bolt (see ¶ 0017), where the method further includes a step of releasing the hydraulic fluid pressure prior to the step of rotating the adjuster (see ¶ 0016).
Regarding claim 3, Burgoon discloses that the step of releasing the brake includes inserting a threaded bolt into a threaded hole within the piston (see ¶ 0017), and torquing the threaded bolt until the piston is directly contacting the adjuster (see FIG. 3, bolt (66) can be torqued until piston (40) contacts adjuster (56)).
Regarding claim 6, Burgoon discloses that the step of rotating the adjuster is performed by hand without the use of a tool (see FIGS. 1-3; adjuster (56) is capable of being rotated by hand).
Regarding claim 7, Burgoon discloses that the step of rotating the adjuster includes utilizing threading (35) to establish the removing of the amount of clearance between the piston and the stator (see FIG. 3).
Regarding claim 10, Burgoon discloses a spring applied hydraulic release caliper brake (see ¶¶ 0014-0017; FIGS. 1-4) comprising a housing (8) carrying springs (64) acting on a piston (40) in a default position (see FIG. 3, default position is when springs (57) are fully released by removing or retracting screw (66) such that brake pad (20a) engages rotor (7)), the housing further carrying an adjuster (56), with an outer portion of the adjuster being in direct contact with an outermost spring of the springs (see FIG. 3); the spring applied hydraulic release caliper brake having a released position (see FIG. 3, piston is in retracted position such that pad (20a) is released from rotor (7)), where the released position includes the piston being in direct contact with the adjuster (see FIG. 3, screw (66) fully retracts piston (40)); and the adjuster being adapted to rotate a predetermined amount (see FIG. 3, adjuster capable of rotating due to threads (57)), the springs and the piston being adapted to rotate with the adjuster (see FIG. 3, piston and springs are connected to piston in released position and would rotate therewith); the adjuster, the springs, and the piston thereby being adapted to remove an amount of clearance between the piston and a stator (see FIG. 3, by rotating adjuster (56) and advancing adjuster, the gap between pad (20a) and rotor (7) would be removed), such that the removal of the amount of clearance becomes a new default position for the spring applied hydraulic release caliper brake (see FIG. 3; ¶ 0017).
Regarding claim 11, Burgoon discloses that the piston includes a threaded hole (67) adapted to receive a threaded bolt (62) in order to put the spring applied hydraulic release caliper brake in the released position (see e.g. FIG. 3).
Regarding claim 14, Burgoon discloses that the outer portion of the adjuster including holes (see FIGS. 1, 2; three holes disposed equidistantly around circumference of adjusters (30a, 30b)), the holes being adapted to receive respective pins therein in order to assist with the adjuster being adapted to rotate the predetermined amount (see FIGS. 1, 2).
Regarding claim 15, Burgoon discloses a method of adjusting a brake (see e.g. ¶ 0009), the method comprising steps of providing a spring applied hydraulic release caliper brake (3) (see ¶¶ 0014-0017; FIGS. 1-4), the spring applied hydraulic release caliper brake including a housing (8) carrying springs (64) acting on a piston (40) in a default position (see FIG. 3, default position would be when screw (66) is released, thereby allowing spring (64) to expand such that pad (20a) contacts rotor (7)), the housing further carrying an adjuster (56), with an outer portion of the adjuster being in direct contact with an outermost spring of the springs (see FIG. 3); inserting a threaded bolt (66) into a threaded hole within the piston (see FIG. 3); torquing the threaded bolt until the piston is directly contacting the adjuster (see FIG. 3, piston (40) will contact adjuster (56) in fully retracted position); and rotating the adjuster a predetermined amount to thereby cause the springs and the piston to also rotate with the rotating of the adjuster (see FIG. 3, ¶ 0017; adjuster (56) is configured to rotate and is connected to piston (40) and spring (64)), the step of rotating thereby removing an amount of clearance between the piston and a stator (16a) (see FIG. 3, as adjuster (56) is rotated, clearance between stator (16a) and piston (40/46) is reduced), such that the removing of the amount of clearance becomes a new default position for the spring applied hydraulic release caliper brake (see e.g. ¶¶ 0014-0017); wherein the steps of inserting, torquing and rotating are devoid of utilizing hydraulic fluid, such that the spring applied hydraulic release caliper brake is adjustable by only mechanical components (see FIG. 3; ¶ 0017) (see also MPEP 2112.02, “[w]hen the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process”).
Regarding claim 17, Burgoon discloses that the step of rotating the adjuster is performed by hand without the use of a tool (see FIGS. 1-3; adjuster (56) is capable of being rotated by hand).
Regarding claim 18, Burgoon discloses that the step of rotating the adjuster includes utilizing threading (35) to establish the removing of the amount of clearance between the piston and the stator (see FIG. 3).
Claim Rejections - 35 USC § 103
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 4, 5, 12, 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Burgoon et al. (US 2013/0062149), as applied to claims 1, 10 and 15, above, and further in view of Woollams (US 6,386,339).
Regarding claim 4, Burgoon does not disclose that the step of releasing the brake includes a first sub-step of removing a plug from a bore within the adjuster.
Woollams teaches a spring applied hydraulic release caliper brake (see Abstract, FIGS. 1-6) comprising an adjuster (9) wherein a step of releasing the brake includes a first sub-step of removing a plug (19) from a bore within an adjuster (9) (see e.g. FIGS. 5, 6).
It would have been obvious to combine the plug of Wollams with the device of Burgoon to prevent the ingress of water or contaminants into the interior of the caliper brake housing, thereby requiring the plug to be removed prior to releasing the brake.
Regarding claim 5, Woollams disclose that the plug is a sealed plug (see FIGS. 5, 6), where the bore is a centrally located threaded bore (see FIGS. 5, 6).
Regarding claim 12, Burgoon does not disclose that that the adjuster includes a centrally located threaded bore with a sealed plug received therein. Burgoon, however, discloses a centrally located bore (see FIG. 3, bore allowing pass-through of bolt (66)).
Woollams teaches a spring applied hydraulic release caliper brake (see Abstract, FIGS. 1-6) comprising an adjuster (9) that includes a centrally located threaded bore with a sealed plug (19) received therein (see FIGS. 5, 6).
It would have been obvious to combine the plug of Woollams with the device of Burgoon to prevent the ingress of water or contaminants into the interior of the caliper brake housing.
Regarding claim 13, Burgoon discloses that the sealed plug is either an O-ring hex socket plug or a pipe plug (see FIG. 6).
Regarding claim 16, Burgoon does not disclose that the step of releasing the brake includes a first sub-step of removing a sealed plug from a bore within the adjuster.
Woollams teaches a spring applied hydraulic release caliper brake (see Abstract, FIGS. 1-6) comprising an adjuster (9) wherein a step of releasing the brake includes a first sub-step of removing a plug (19) from a bore within an adjuster (9) (see e.g. FIGS. 5, 6).
It would have been obvious to combine the plug of Woollams with the device of Burgoon to prevent the ingress of water or contaminants into the interior of the caliper brake housing, thereby requiring the plug to be removed prior to the step of inserting.
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Burgoon et al. (US 2013/0062149), as applied to claims 1, 10 and 15, above, and further in view of Dennis et al. (US 10,760,631).
Regarding claim 8, Burgoon does not disclose that the step of rotating the adjuster includes utilizing a shim to establish the removing of the amount of clearance between the piston and the stator.
Dennis teaches a method of adjusting a brake (see Abstract, FIG. 3), wherein the step of adjusting includes utilizing a shim to establish the removing of the amount of clearance between the piston and the stator (see col. 5, lines 14-27).
It would have been obvious to combine the step of utilizing shims with the step of rotating so that the brake system can be adapted to multiple brake systems with different thickness rotors (see col. 5, lines 14-15).
Regarding claim 20, Burgoon does not disclose that the step of rotating the adjuster includes utilizing a shim to establish the removing of the amount of clearance between the piston and the stator.
Dennis teaches a method of adjusting a brake (see Abstract, FIG. 3), wherein the step of adjusting includes utilizing a shim to establish the removing of the amount of clearance between the piston and the stator (see col. 5, lines 14-27).
It would have been obvious to combine the step of utilizing shims with the step of rotating so that the brake system can be adapted to multiple brake systems with different thickness rotors (see col. 5, lines 14-15).
Allowable Subject Matter
Claims 9 and 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 filed 13-Feb-2026 have been fully considered but they are not persuasive.
Regarding independent claims 1, 10 and 15, Applicant argues that Burgoon does not disclose “an outer portion of the adjuster being in direct contact with the outermost spring of the springs” because “a component is position between retaining cap 56 and piston springs 62” and that “[n]o specific description of this component is noted within the specification of Burgoon” (see Amendment, page 7). The component “position[ed] between retaining cap 56 and piston springs 62,” however, is considered to be a part of the adjuster. Nothing in the claims requires that the adjuster be formed from a single monolithic body. Applicant’s own specification even refers to multiple cross-hatchings as a single element. For example, Applicant’s own specification refers to “a first stator 2A and a second stator 2B” (see col. 6, lines 19-21), which are both shown in Figure 2 as being composed of multiple cross hatchings. Similarly, Burgoon discloses that the adjuster is composed of multiple components having different cross-hatching.
Applicant further argues that Burgoon does not disclose the piston directly contacting the adjuster because “Burgoon discloses that there is a distance ‘X’ between the back wall 54 of the piston 40 and the front wall 61 of the retaining cap 56” (see Amendment, page 8). Figure 3 of Burgoon, however, depicts the at a location forward of the fully retracted position. Similarly, Figure 2 of the present application also depicts the piston 4B at a location spaced forward of the fully retracted position in contact with that adjuster 8. Furthermore, Burgoon explicitly states that “[t]he adjustment screw 66 adjusts the distance ‘X’ between the back wall 54 of the piston 40 and the front wall 61 of the retaining cap 56” (see ¶ 0017), indicating that the piston directly contacts the adjuster by rotating the adjustment screw.
Regarding dependent claims 8 and 20, Applicant argues that “Dennis discloses that the shims 94 are generally for the purpose of ‘. . . a single brake 10 may be utilized with differing diameters, thicknesses, and axial offsets of rotor 14” and that “[t]he person of ordinary skill in the art would not have looked to this purpose for the claimed feature of utilizing a shim to establish the removing of the amount of clearance between the piston and the stator” (see Amendment, page 9). Applicant has not provided any elaboration as to why one of ordinary skill in the art would not have looked to the teachings of Dennis. Dennis provides an explicit motivation for using shims when adjusting clearances between stators and rotors.
Regarding claims 6 and 17, Applicant argues that “[t]here is no disclosure in Burgoon that the adjuster 56 is capable of being rotated by hand” (see Amendment, page 9). Burgoon, however, does not state that any tool is required to rotate the adjuster. Furthermore, Burgoon discloses that a set screw (58) is required to hold the adjuster in place. As such, one of ordinary skill in the art would have recognized that the adjuster is capable of being rotated by hand.
Conclusion
THIS ACTION IS MADE FINAL. 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 NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
May 27, 2026
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