DETAILED ACTION
Information Disclosure Statement
The information disclosure statement has been received and considered.
Drawings
The drawings are objected to because in figure 3C the caliper has been misidentified as element 7 --(‘7’ indicates a brake pad/lining). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “… the means for the forced guidance of brake dust comprises an edge that is configured, at least in sections, as a circular arc-shape on an inner circumference of the brake pad.” as claimed in claim 42. must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: In the Equivalent U.S. Publication 2023/0272828 para 0067 the brake caliper has been misidentified as ‘57’..
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 34, 36, 38-42 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 34 the guide plate lacks antecedent basis.
Claim 36 the limitation of “a further brake dust guidance element” is not understood since no ‘first’ brake dust guidance element has previously been claimed.
Claims 38 and 39 “the brake pad” lacks antecedent basis.
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.
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) 25,26,34-37,43,44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaufmann 11,796,019 in view of Gelb 8,191,691
Regarding claims 25,43 Kaufmann shows in figures 3-6:
A brake disk 6 (note rotation direction of the disc at arrow 14) comprising first and second friction surfaces; a brake caliper 4,9; a brake dust filter housing 15 having a ‘receiving opening’, as broadly claimed (in the area of 19,20 in fig 6 or the bottom side of 15 – not labeled—in fig 4); at least one ‘means’ 16 configured for forced guidance of brake dust, the means 16 for the forced guidance of brake dust being configured to ‘extend from’ at least one of the first and second brake pads (see figs 4,5), radially inwardly over the respective friction surface of the brake disk, in the direction of an inner edge of the friction surface, such that brake dust, exiting radially inwardly between the at least one of the first and second brake pads 12,13 and the brake disk is capable of being guided, along the respective friction surface along at least a partial flow path of the brake dust to the receiving opening of the brake dust filter housing 15.
While it appears Kaufmann is capable of meeting the direction of flow of the brake dust, as broadly claimed, lacking is a specific illustration of the dust flow direction.
The reference to Gelb is relied upon to show a similar dust collection system 120 to that of Kaufmann and in figures 21 and 22 more clearly illustrate the flow direction.
One having ordinary skill in the art before the effective filing date of the invention would realize that the dust system of Kaufmann that dust exiting radially inwardly between the at least one of the first and second brake pads 12,13 and the brake disk 6 is capable of being guided, along the respective friction surface along at least a partial flow path of the brake dust to the receiving opening of the brake dust collector housing 15 due to the similar placement and construction of the brake dust housing 120 in Gelb fig 22.
Regarding claim 26,44 as seen in figures 4-6 of Kaufmann these limitations are met.
Regarding claim 34, as best understood, subject to the 112 rejection above note the friction ‘pad’ inherently comprises a friction ‘lining’. The ‘guide plate’ is considered to be a standard backing plate generally indicated at 10 in figure 4.
Regarding claim 35, as broadly claimed, the brake dust guidance element is considered to be element(s) at 16,, or sides thereof at 18 or 19 or vents 23.
Regarding claim 36,37 subject to the 112 rejection above, and as broadly claimed, the brake dust guidance element is considered to be element(s) at 16 or sides thereof at 18,19 or 23.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 38-39 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kaufmann 11,796,019.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 38 as broadly claimed the means 16 for forced guidance of the brake dust is connected to either brake pad 10,11 even if indirectly, via the carrier 8 and housing 15.
Regarding claim 39, as broadly claimed, these limitations are met in light of figures 4,5.
Claim(s) 38- 42 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Leffert 3,592,297.
Regarding claim 38, as broadly claimed, Leffert shows in figures 1 and 2:
A brake pad 22,24 for a disk brake device 30, comprising: a brake pad back plate 26,28; a friction lining 22,24 attached to the brake pad back plate 26,28; and a ‘means capable of forced guidance of brake dust’ at 50,52, the means 50,52 for the forced guidance of brake dust being connected to the brake pad.
Regarding claim 39, as broadly claimed, Leffert shows that the means 50,52 for forced guidance for brake dust extends away from the friction lining in the radial direction, toward the inside of the brake pad.
Regarding claim 40, as broadly claimed Leffert shows that the means for the forced guidance of brake dust is configured as one piece with the brake pad back plate 26,28. See elements 60,62.
Regarding claims 41,42 as broadly claimed , these limitations are considered to be met as seen in figures 1,2.
Allowable Subject Matter
Claims 27-33 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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/CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616
12/2/25