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 § 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 11-23 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.
Re: claim 11. The phrase “said striker portion” is indefinite. It is unclear whether Applicant intends to limit the at least one distinct striker portion to a single striker portion or refer back to the at least one distinct striker portion may include more than one striker portion.
The remaining claims are indefinite due to their dependency from claim 11.
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 –
(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.
Claim(s) 11-17 and 19-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO-2020059823 (WO’823).
Re: claims 11, 13, 20, 21-23, and 24. WO’823 shows in figures 4, 5, and 11 a band spring shown in figure 11 shaped to be arranged straddling a brake disc 5 to apply an elastic action on at least one brake pad 3a to bias the at least one brake pad away from the brake disc 5, wherein:
the brake disc 5 is adapted to rotate about a rotation axis that defines an axial direction parallel to the rotation axis, a radial direction orthogonal to the rotation axis, and a circumferential direction orthogonal to the axial direction and to the radial direction, the at least one brake pad 3a comprises a backing plate 15a that supports friction material 14a, the backing plate comprising a plate edge that forms at least one thrust portion shown adjacent element 43a and at least one striker portion adjacent element 40a;
the band spring comprises a band shaped spring body shown in figure 11;
the band spring comprises at least three portions mutually distinct, namely
a first coupling portion 30 adapted to couple to couple the band spring to a caliper body;
a second thrust portion 43a adapted to apply an elastic action on the at least one thrust portion of the at least one brake pad biasing the at least one brake pad at least away from the brake disc in the axial direction and in the radial direction, and
a third abutment portion 40a adapted to abut against the striker portion of the at least one brake pad forming a support on an area of the striker portion that prevents sliding of the second thrust portion when the band spring is subject to external action,
preventing the band spring from permanently coupling with the at least one brake pad, avoiding a bilateral constraint in the second thrust portion and third abutment portion between the band spring and the least one brake pad to the same extent that Applicant’s invention achieves the recited section due to all of the prior elements being satisfied. With regard to claim 13, WO’823 shows in figure 5 the first alternative. With regard to claim 22, see figure 10 to see the recited inclined states of second thrust portion 43a.
Re: claim 12. WO’823 shows in figure 5 the third abutment portion extends cantilevered from the band shaped spring body as shown in the circled area in annotated figure 5, and wherein at least one of the following features or a combination thereof is present:
See Next Page.
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said third abutment portion 40a comprises third abutment portion opposite flat faces one of the flat faces shown at the end of the lead line of 40a and the other face shown opposite and a third abutment portion edge shown right above and to the right of the end of the lead line of 40a in figure 5 and said third abutment portion rests abutting against said striker portion with one of said third abutment portion opposite flat faces as shown in figure 5; or said third abutment portion comprises third abutment portion opposite flat faces and a third abutment portion edge and said third abutment portion rests abutting against said striker portion with said third abutment portion edge; said third abutment portion, when it rests abutting against said striker portion is biased to bend.
Re: claim 14. WO’823 shows in figure 5 wherein the band-shaped spring body comprises at least one first spring arm 38 and at least one second spring arm 33, 34, of predominantly longitudinal extension, respectively comprising at least one spring arm end 35 for the first spring arm and, as labeled, for the second spring arm, and/or wherein said at least three portions are mutually distinct and separated by spring arm portions, namely stretches of the band-shaped spring body free of constraints that avoid contacting both said caliper body and said at least one brake pad to the same extent as Applicant’s invention due to the elements of the claim being satisfied.
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Re: claim 15. WO’823 shows in figures 4, 5, and 11 wherein said first coupling portion 30 is a portion of said band-shaped spring body placed at the spring arm end 35 of the at least one first spring arm 38; and wherein at least one of the following features or a combination thereof is present: said second thrust portion 43a is a portion of said band-shaped spring body placed at the spring arm end of the at least one second spring arm 33, 34; the third abutment portion extends cantilevered from the at least one second spring arm.
Re: claim 16. WO’823 shows in figures 4, 5, and 11 wherein said at least one second spring arm, as labeled, is shaped with two branches bent into a U or V shape or U shape as shown, and wherein said third abutment portion 40a extends from the branch of said U or V shape ending in said second thrust portion as shown; or said third abutment portion extends from the branch of said U or V shape away from said second thrust portion.
Re: claim 17. WO’823 shows in figures 4, 5, and 11 wherein: said third abutment portion 40a is in one piece with the at least one second spring arm, as labeled, as shown in annotated figure 11; or said third abutment portion is connected to the at least one second spring arm; or said third abutment portion is riveted to the at least one second spring arm.
Re: claim 19. WO’823 shows in figures 4, 5, and 11 wherein a first spring body band comprises a first connecting portion, as labeled in annotated figure 11, from which two first spring arms 39a, 39b move away; wherein a second spring body band comprises a second connecting portion, as labeled in annotated figure 11, from which two second spring arms left 32, right 32 move away; and wherein said first connecting portion of said first spring body band is connected to said second connecting portion of said second spring body band to arrange said two first spring arms separated by said two second spring arms as shown in figure 11; or wherein said first connecting portion of said first spring body band is connected to said second connecting portion of said second spring body band to arrange said two first spring arms orthogonal to said two second spring arms.
Allowable Subject Matter
Claim 18 is 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.
Claim 25 is allowed.
Terminal Disclaimer
The terminal disclaimer filed on 3/11/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 18/261502 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 3/11/26 have been fully considered but they are not persuasive. With regard to the 112 rejections, Applicant amended claim 11; however, removing the term distinct did not resolve the issue. Examiner suggests reciting --said at least one striker portion-- if Applicant intends to refer back to the at least one striker portion. Reciting only “said striker portion” indicates that Applicant intends to limit the at least one striker portion to a single striker portion instead of referring back to the at least one striker portion which may include either a single striker portion or a plurality of striker portions. With regard to claim 11, Applicant argues that WO’823 fails to show or suggest the limitation, "a second thrust portion adapted to apply an elastic action on said at least one thrust portion of said at least one brake pad biasing said at least one brake pad at least away from said brake disc in the axial direction and in the radial direction." Particularly, Applicant argues that the movement away in the radial direction is not disclosed or suggested. Examiner disagrees. At the end of the paragraph beginning “The second forked portion 33” WO’823 explains that the second thrust portion 43b moves the pad toward the other circumferential side Y2 which is in the radial direction. Accordingly, the art rejections have been maintained. The double patenting rejections have been withdrawn in light of the terminal disclosure filed.
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 MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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mmb
May 30, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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