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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed 8/28/2023 and 8/4/2025 fail to comply with 37 CFR 1.98(a)(3)(i) because they do not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
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.
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.
Claims 1, 3, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Fujioka (WO 2019151390 A1, translation attached).
Regarding claims 1 and 3, Fujioka discloses a friction material comprising a fiber base material, an inorganic filler material, an organic filler material, and a binder (page 3, lines 55-57). The organic filler acts as a friction modifier (page 8, lines 38-40). Fujioka discloses that said fibrous base material is comprised of inorganic fibers which preferably contain alumina (page 4, lines 45-56). Fujioka further discloses said inorganic fibers having an average fiber length of 100-800 µm, which are present at 1.0 to 10 % by mass of the friction material (page 2, lines 46-52). A prima facie case of obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05(I).
Regarding claim 4, Fujioka further discloses that said friction material contains no copper component, or less than 0.5 % by mass (page 3, lines 28-33).
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Fujioka (WO 2019151390 A1, translation attached) in view of Ohshima et al (CN 109891014 A, translation attached). The discussion with respect to Fujioka set forth in the above rejection is incorporated herein by reference.
Regarding claim 2, Fujioka discloses all limitations of claim 1 as set forth in the above rejection. Fujioka does not disclose the chemical composition of said alumina fiber having a Al2O3:SiO2 chemical composition ratio of 70:30 to 80:20.
In the same field of endeavor, Ohshima discloses an alumina fiber sheet useful in automobile parts comprised of 72-97 wt% Al2O3 and 28-3 wt% SiO2 (page 3, lines 53-56). Ohshima further discloses that these ratios of Al2O3 and SiO2 are preferred from the perspective of heat resistance (page 3, line 56).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the friction material composition of Fujioka with the Al2O3:SiO2 ratios taught by Ohshima with the expected result of improved heat resistance.
Regarding claim 5, the combination of Fujioka and Ohshima discloses all of the limitations of claim 2 as set forth in the above rejection. Fujioka further discloses that said alumina fiber has an average fiber length of 100-800 µm (page 2, lines 46-52). A prima facie case of obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05(I).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Muroya (US 20160221882 A1) discloses a friction material comprising a friction adjusting material, a fibrous base material, and a binder, which contains no copper component. Muroya further discloses that the ceramic fiber base material can be Al2O3-SiO2-based with a preferable fiber length of 1 to 1000 um which is 1 to 6% by volume and preferably 1 to 3% by volume.
Morutani (JP 2018138652 A, translation attached) discloses a friction material comprising a fiber base material, a friction adjusting material, and a binder, which does not contain a copper component. Morutani further discloses that the fibers may be Al2O3/SiO2 fibers which may have a fiber length from 1 to 1000 µm and that the content of this ceramic fiber in the friction material is 1 to 6% by volume.
Mizuno (JPH 10238572 A, translation attached) discloses a friction material composed of a fiber base material containing an abrasive ceramic fiber, a resin binder, and a filler. The abrasive ceramic fiber has an average fiber length of 50 to 150 µm and may be silica fiber, alumina fiber, zirconia fiber, alumina-silica fiber, alumina-silica-zirconia fiber, or silicon carbide fiber, present at 1.0 to 10 wt%.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Savannah G Phillips whose telephone number is (571)270-0822. The examiner can normally be reached M-Th 8-6 ET.
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, Joseph Del Sole can be reached at (571)272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAVANNAH G. PHILLIPS/Examiner, Art Unit 1763
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762
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