DETAILED ACTION
The Amendment filed December 11, 2025 has been received and considered.
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.
Claim(s) 16-20, 22-26, and 30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over 5. European Patent No. EP 3690272 to Strzala in view of German Patent No. DE 10337124 to Hogenkamp et al.
Regarding Claim 16, Strzala discloses a brake pad retainer 12/14 for a commercial vehicle brake caliper assembly 4 (see Figure 1 and paragraph 0041) having most all the features of the instant invention including: a retaining element 12/14 (see paragraph 0042), and a sensor element 18,18' (see Figure 3 and paragraph 0044), wherein the retaining element 12/14 extends in a longitudinal direction (see Figure 1), wherein the sensor element 18/18' is fixed or is configured to be fixed indirectly and/or directly to the retaining element 12/14 (via element 14, see Figures 3 and 4 and paragraphs 0044 and 0045), wherein the sensor element 18/18’ is connected to a cable arrangement 20, and wherein the cable arrangement 20 is fastened to the retaining element 12/14 (see Figure 4).
However, Strzala does not disclose that the sensor element includes a temperature measurement sensor or that the cable arrangement is fastened to the retaining element by cable ties.
Regarding the temperature measurement sensor, Hogenkamp et al are relied upon merely for their teachings of a brake pad retainer assembly (see Figure 1) having a sensor element 8 that includes a temperature measurement sensor (see page 5, third paragraph of the translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the sensor element of Strzala to be a temperature measurement sensor as taught by Hogenkamp et al in order to better monitor the temperature on the outer circumference of the brake disc to more accurately assess the condition of the brakes during braking.
Regarding the cable ties, 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 the pad retainer assembly of Strzala, as modified, with cable ties to fasten the cable arrangement to the retaining element as an alternate means of connecting the two elements together. Securing the cable arrangement to the retaining element with a cable tie would prevent the cable from interfering or becoming entangled with any other braking components, thus ensuring proper and neater placement of the cable within the assembly.
Regarding Claim 17, Strzala, as modified, further discloses that the retaining element 12/14 has a primary retaining area 24 and a secondary retaining area 22 (see Figure 1 of Strzala), the primary retaining area 24 and the secondary retaining area 22 configured to support the retaining element 12/14 relative to a brake caliper 4 or brake caliper assembly, and wherein the sensor element 18/18' is arranged between the primary retaining area 24 and the secondary retaining area 22 (see Figures 1 and 3 of Strzala).
Regarding Claim 18, Strzala, as modified, further discloses that the sensor element 18,18' is arranged between the primary retaining area 24 and the secondary retaining area 22 in the longitudinal direction (see Figure 3 of Strzala).
Regarding Claim 19, Strzala, as modified, further discloses that the retaining element 12/14 includes a pad retaining bracket 12 (see Figures 1, 4, and 5 and paragraphs 0042 and 0043 of Strzala).
Regarding Claim 20, Strzala, as modified, further discloses that the sensor element 18,18' includes a non-contact sensor (see Figure 3 of Strzala).
Regarding Claim 22, Strzala, as modified, further discloses that the cable arrangement 20 is fastened to the retaining element 12/14 via one or more clips 54 (see Figures 2 and 3 of Strzala).
Regarding Claim 23, Strzala, as modified, further discloses a brake caliper assembly (see Figure 1 of Strzala) comprising a brake caliper 4 and the brake pad retainer 12/14 assembly according to Claim 16.
Regarding Claim 24, Strzala, as modified, further discloses that the brake caliper 4 has an insertion opening 10 for inserting one or more brake pads 8,8', and wherein the retaining element 12/14 is mounted or configured to be mounted on the brake caliper 4 by the primary retaining area 24 and the secondary retaining area 22 such that the insertion or removal of one or more brake pads 8,8' from or into the insertion opening 10 of the brake caliper 4 is positively prevented by the retaining element 12/14 (see paragraphs 0042 and 0043 of Strzala).
Regarding Claim 25, Strzala, as modified, further discloses two brake pads 8,8' (see Figure 1 of Strzala).
Regarding Claim 26, Strzala, as modified, further discloses that the sensor element 18/18' is arranged on the side of the retaining element 12/14 facing the brake pads 8,8' (see Figure 3 of Strzala).
Regarding Claim 30, Strzala, as modified, further discloses that the sensor element 8 includes a brake pad temperature measuring element and/or a brake disc temperature measuring element (see page 5 third paragraph of the translation of Hogenkamp et al).
Regarding Claim 31, Strzala, as modified, further discloses a disc brake 2 comprising the brake caliper assembly according to Claim 23 and a brake disc (see Figure 1 of Strzala).
Regarding Claim 32, Strzala, as modified, further discloses a disc brake monitoring system comprising the disc brake according to Claim 31 and an evaluation unit, wherein the evaluation unit outputs and/or displays a warning if the temperature of the brake disc and/or brake pads is below an expected and/or above an expected temperature (see page 5 third paragraph of the translation of Hogenkamp et al.).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG 6. Publication No. 2022/0396256 to Adkins et al in view of German Patent No. DE 10337124 to Hogenkamp et al (note this rejection is only valid as applicant has not yet perfected his foreign priority date).
Regarding Claim 16, Adkins et al disclose a brake pad retainer assembly 28 for a commercial vehicle brake caliper assembly 10 (see Figure 1) having most all the features of the instant invention including: a retaining element 26 (see paragraph 0017), and a sensor element 28/120 (see paragraph 0038), wherein the retaining element 26 extends in a longitudinal direction (see Figure 2), wherein the sensor element 28/120 is configured to be fixed indirectly and/or directly to the retaining element 26 (see Figure 2 and paragraph 0038), wherein the sensor element 28/120 is connected to a cable arrangement (see Figure 4 and the cable extending from element 120), and wherein the cable arrangement is fastened to the retaining element 26 (at least through element 120 as shown in Figure 4).
However, Adkins et al do not disclose that the sensor element includes a temperature measurement sensor or that the cable arrangement is fastened to the retaining element by cable ties.
Regarding the temperature measurement sensor, Hogenkamp et al are relied upon merely for their teachings of a brake pad retainer assembly (see Figure 1) having a sensor element 8 that includes a temperature measurement sensor (see page 5, third paragraph of the translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the sensor element of Adkins et al to be a temperature measurement sensor as taught by Hogenkamp et al in order to better monitor the temperature on the outer circumference of the brake disc to more accurately assess the condition of the brakes during braking.
Regarding the cable ties, 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 the pad retainer assembly of Adkins et al., as modified, with cable ties to fasten the cable arrangement to the retaining element as an alternate means of connecting the two elements together. Securing the cable arrangement to the retaining element with a cable tie would prevent the cable from interfering or becoming entangled with any other braking components, thus ensuring proper and neater placement of the cable within the assembly.
Response to Arguments
Applicant's arguments filed December 11, 2025 have been fully considered but they are not persuasive.
Firstly, applicant argues the 103(a) rejection of Claims 16-20, 22-26, and 30-32 using the Strzala and Hogenkamp references. In particular, applicant argues that neither of the cited references disclose fastening any cable arrangements via cable ties, and that each of the references lead away from such an arrangement. Applicant contends that Strzala is directed to improving a mounting device for mounting a signal to a spring hanger of a disc brake, where the mounting device is configured to clasp a spring hanger. Applicant then states that Strzala further describes that the benefits of the disclosed arrangement is a significant increase in the connection quality between the mounting device and the spring hanger and ensure that the mounting device and the signal cable are guided safely and durably along the spring hanger even during vibrational conditions.
In response to this, the examiner contends that, as stated in the rejection above, fastening the cable arrangement to the retaining element with cable ties would ensure the cable does not interfere with the other braking components of the assembly. This would further improve upon the connection quality between the two mating components. A cable tie is a well-known type of fastening assembly designed specifically for this reason and thus would not be beyond the realm of one of ordinary skill in the art to employ.
Next, applicant argues that the Hogenkamp et al reference does not relate to fixing a cable arrangement to a retaining element in any manner and therefore does not disclose the elements which are lacking from Strzala.
In response to this, the examiner wishes to point out that the Hogenkamp et al reference is not being relied upon to teach the cable tie feature of the claims but rather to teach the temperature measurement sensor.
And lastly, applicant argues that the Adkins et al reference in combination with the Hogenkamp et al reference do not disclose the newly claimed features of Claim 16. Applicant contends that Adkins et al describe the mounting bracket 122 as extending across the outer side 112 and the possibility of including a retention feature such as a hook dispensed at a distal end. Thus, applicant surmises that Adkins et al does not describe improving or the necessity of improving the mounting bracket.
In response to this, applicant’s attention is directed to the examiner’s remarks above with respect to the use of cable ties in a brake pad retainer assembly. This same reasoning applies to the Adkins et al reference.
It is for all these reasons that the rejections of Claims 16-20, 22-26, and 30-32 have been maintained.
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 PAMELA RODRIGUEZ whose telephone number is (571)272-7122. The examiner can normally be reached Monday - Thursday 7 AM - 5 PM.
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PAMELA RODRIGUEZ
Primary Examiner
Art Unit 3616
/PAMELA RODRIGUEZ/ Primary Examiner, Art Unit 3616 02/19/26