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 .
Response to Arguments
Applicant contends, in Applicants Arguments Filed 20th May 2026, “The Cited Art Does Not Teach or Suggest a Contact Temperature Sensor Integrated in a Back Plate to Sense Back Plate Temperature”. This argument is not persuasive. “Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning” (see MPEP 2111.01). Amended Claim 1 recites the limitation “providing a temperature sensor integrated in said support back plate and configured and to sense the temperature of said support back plate, the temperature sensor comprising a contact temperature sensor”. Under BRI the limitation “sense the temperature of said support back plate” does not limit the Claim scope to temperature sensors only sensing the temperature of the support back plate. Thus, as contact temperature sensors inherently sense the temperature of matter they are in contact with and prior art of record Wright (US 20100030490 A1) teaches a contact temperature sensor (312) integrated in a support back plate (306) and touching the support back plate (306) (see US 20100030490 A1 [Wright]; Fig. 3A, [0036-0041]), Wright teaches a temperature sensor (312) “configured and to sense the temperature of said support back plate”, no matter if the sensor also senses the temperature of the brake pad or brake rotor. Additionally, this interpretation is aligned with the applicant’s disclosure. In Fig. 1 of Applicant’s drawings, filed 8th September 2023, temperature sensor 100 is shown contact at least backing pad 40 and underlayer 30 (see Fig. 1). If temperature sensor 100 is a contact temperature sensor, as claimed in Amended Claim 1, it would inherently sense the temperature of both the underlayer 30 and the backing plate 40, similar to the teachings of Wright. Therefore, the rejections of Amended Claims 1 and 18 are maintained.
Applicant contends, in Applicants Arguments Filed 20th May 2026, “The Cited Art Teaches Away From A Contact Temperature Sensor Integrated in a Back Plate to sense the Back Plate Temperature”. This argument is not persuasive. Prior art of record Wagner’s (DE 10233844 A1) merely teaching the use of a contactless temperature sensor does not inherently teach away from using a contact temperature sensor, in substitution or combination. Additionally, even though Wagner’s teaches using a contactless sensor and calculation model is “significantly more cost-effective” than contact sensors, this does not teach away from using a contact sensor alternatively or in combination, because one of ordinary skill in the art at the time of invention would recognize this as a design decision, not a teaching that contact sensors shouldn’t or couldn’t be used. Therefore, the rejections of Amended Claims 1 and 18 are maintained.
Applicant contends, in Applicant Argument Filed 20th May 2026, “Modifying the Cited Art to Arrive at the Present Claims Would be Improper Because it Would Frustrate the Purpose of the Cited Art”. This argument is not persuasive. Although, Examiner concedes substituting the sensor of Wright with the sensor of Wagner would frustrate the purpose of the cited art, combining the teachings of Wright with the disclosure of Wagner as written in Non-Final Rejection, filed 20th January 2026, would not frustrate the purpose of the cited art because a reliable cost-effective contactless sensor is still provided, but now with the added benefit of a redundant contact sensor allowing for improved accuracy and a fail safe for if the contactless sensor malfunctions. It should also be noted that the claims use the claim language “comprising”, this term “is inclusive or open-ended and does not exclude additional, unrecited elements” such that the combination of Wagner and Wright can utilize two temperature sensors (see MPEP 2111.03). Therefore, the rejections of Amended Claims 1 and 18 are maintained.
It should be noted no argument responding to Claim 19 was found in Applicant Argument, filed 20th May 2026, such that no argument responding to Claim 19 was considered. Therefore, the rejection of Claim 19 is maintained.
Claim Objections
Claim 1 is objected to because of the following informalities: Amended Claim 1 recites “and configured and to sense the temperature” although it is generally understood what this means, this is not proper grammar. The second “and” should be removed such that Amended Claim 1 recites “and configured to sense the temperature”. Appropriate correction is required.
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 1, 5-8, 12, 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10233844 A1) in view of Wright (US 20100030490 A1).
Regarding Claim 1, Wagner discloses a method of estimating wear of a vehicle brake element including at least a braking disk (6), a wearable block of friction material (2) and a support back plate (see Fig. 1) of said block of friction material the method comprising: providing a temperature sensor (22), providing an electronic processing unit (36) connected to said temperature sensor; providing an acquisition of the sensed temperature, a generation of a temperature signal of said sensed temperature and a transmission of said temperature signals to said electronic processing unit; and said electronic processing unit (36) providing an estimation of the thickness of said wearable block of friction material (2) by processing of said temperature signals (see Fig. 1, Fig. 2, Abstract. [0030-0034]).
Wagner appears to discloses the sensor configured and placed to sense the temperature of the support back plate, but does not explicitly disclose it.
Wright teaches providing temperature sensors (322) integrated in said support back plate (306) and configured to sense the temperature of the support back plate (306), the temperature sensor (322) comprising a contact temperature sensor (322); providing an acquisition of the sensed temperature of said support back plates (306) (see Fig. 3a, Fig. 8, [0100-0102]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the temperature sensors configured and placed to sense the temperature of the support back plate of Wright with the method of estimating wear of a vehicle brake element of Wagner in order to improve accuracy of vehicle brake wear estimations (see DE 10233844 A1 [Wagner]; [0012-0013]).
Regarding Claim 5, Wagner Modified by Wright teaches a temperature sensor (322) is configured and placed to sense a temperature of a surface of said support back plate (306) (see US 20100030490 A1 [Wright]; Fig. 3a, [010- 0102]).
Regarding Claim 6, Wagner modified by Wright teaches the surface according to claim 5 where the surface is a surface of said support back plate (306) facing to said wearable block of friction material (304) (see US 20100030490 A1 [Wright]; Fig. 3a, [010- 0102]).
Regarding Claim 7, Wanger modified by Wright teaches the surface of claim wherein said surface is a surface of said support back plate (306) opposite to said wearable block of friction material (304) (see US 20100030490 A1 [Wright]; Fig. 3a, [010- 0102]).
Regarding Claim 8, Wagner appears to discloses the temperature sensor being capable of being configured and placed to sense a bulk temperature of the support back plate, but does not explicitly disclose it.
Wright teaches the temperature sensor (322) being configured and placed to sense a bulk temperature of said support back plate (306) (see Fig. 3a, Fig. 3b, [010-0102]).
Regarding Claim 12, Wagner modified by Wright discloses providing an ambient temperature sensor connected to said electronic processing unit (36), acquiring the ambient temperature, generating an ambient temperature signal of said ambient temperature, transmitting said ambient temperature signal to said electronic processing unit (36), and said electronic processing unit (36) processing said ambient temperature signal to adjust said estimation (see DE 10233844 A1 [Wagner]; Fig. 2, [0012], [0035]).
Regarding Claim 15, Wagner modified by Wright discloses providing said brake element with at least a force sensor connected to said electronic processing unit (36), acquiring the force, generating a force signal of said force, transmitting said force signals to said electronic processing unit (36), and said electronic processing unit (36) processing said force signals to adjust said estimation and/or to select an event and/or to detect an event (see DE 10233844 A1 [Wagner]; Fig. 2, [0022]).
Regarding Claim 16, Wagner modified by Wright discloses providing a thermal model of said vehicle brake element (2) by creating a model of temperature dynamic correlated to a thickness of said block, and by making said estimation by selecting the model temperature dynamic that fits the measured temperature dynamic (see DE 10233844 A1 [Wagner]; [0025]).
Regarding Claim 17, Wagner discloses a vehicle brake element (8) including wearable block of friction material (4), a support back plate of said block of friction material (see Fig. 1), a temperature sensor (22), and an electronic processing unit (36) configured to carry out a method according to claim 1 (see Fig. 1, Fig. 2, Abstract, [0030-0034]).
Wagner appears to discloses the capability to be configured and placed to sense the temperature of the support back plate, but does not explicitly disclose it.
Wright teaches temperature sensors (322) being configured and placed to sense the temperature of the support back plate (306) (see Fig. 3a, Fig. 8, [0100-0102]).
Regarding Claim 18, Wagner discloses a vehicle brake system (8) comprising: a wearable block of friction material (4); a support back plate (see Fig. 1) configured to support the block of friction material; a temperature sensor (22); and an electronic processing unit (36) configured to: receive sensed temperature measurements generated by the temperature sensor; process the temperature measurements to provide an estimation of the thickness of said wearable block of friction material (4) (see Fig. 1, Fig. 2, Abstract, [0030-0034]).
Wagner does not explicitly disclose the temperature sensor being integrated in said support back plate and configured to detect the temperature of the support back plate, and wherein the temperature sensor comprises a contact temperature sensor;
Wright teaches temperature sensors (322) integrated in said support back plate and configured to detect the temperature of the support back plate (306), the temperature sensor comprising a contact temperature sensor; (see Fig. 3a, Fig. 3b, Fig. 8, [0100-0102]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the temperature sensors configured and placed to sense the temperature of the support back plate of Wright with the method of estimating wear of a vehicle brake element of Wagner in order to improve accuracy of vehicle brake wear estimations (see DE 10233844 A1 [Wagner]; [0012-0013]).
Claims 2, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10233844 A1) as modified by Wright (US 20100030490 A1) as applied to Claim 1, above, further in view of Arndt (DE 10307014 A1).
Regarding Claim 2, Wagner modified by Wright teaches the method of estimating wear of a vehicle brake element according to Claim 1.
Wagner modified by Wright appears to teach the temperature time variation temperature signal being processed to provide said estimation, but does not explicitly disclose it.
Arndt teaches a temperature time variation of a temperature signal is processed to provide an estimation (see Abstract, [0017-0020]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the temperature time variation of the temperature signal of Arndt with the method of estimating wear of Wagner modified by Wright in order to improve accuracy of the thickness estimation.
Regarding Claim 10, Wagner modified by Wright teaches the method of estimating wear of a vehicle brake element according to Claim 1.
Wagner modified by Wright appears to teach the acquisition of said temperature signal being event based, but does not explicitly disclose it.
Arndt teaches the temperature signal acquisition being event based (see Fig. 2, [0017-0020]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the temperature time variation of the temperature signal of Arndt with the method of estimating wear of Wagner modified by Wright in order to improve the efficiency of wear estimation (see DE 10307014 A1 [Arndt]; [0017-0020]).
Regarding Claim 11, Wagner modified by Wright and Arndt teaches the event being a vehicle braking event (see DE 10307014 A1 [Arndt]; [0017-0020]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10233844 A1) as modified by Wright (US 20100030490 A1) as applied to Claim 1, above, further in view of Frentz (US 7,011,186 B2).
Regarding Claim 9, Wagner modified by Wright teaches the method of estimating wear of a vehicle brake element according to Claim 1.
Wagner modified by Wright does not teach the temperature acquisition being time based.
Frentz teaches the temperature acquisition being time based (see 3:27-44).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the time-based acquisition of Frentz with the method of estimating wear of Wagner modified by Wright in order to detect wear that may occur without the vehicle feeling large forces (see US 7011186 B2 [Frentz]; 3:27-44).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10233844 A1) as modified by Wright (US 20100030490 A1) as applied to Claim 1, above, further in view of Hwang (KR 101347701 B1).
Regarding Claim 13, Wagner modified by Wright teaches the method of estimating wear of a vehicle brake element according to Claim 1.
Wagner modified by Wright does not teach the use of a vehicle accelerometer in the method.
Hwang teaches providing a vehicle accelerometer (30) connected to said electronic processing unit (50), acquiring the vehicle acceleration, generating an acceleration signal of said vehicle acceleration, transmitting said vehicle acceleration signals to said electronic processing unit (50), and said electronic processing unit (50) processing said acceleration signal to adjust said estimation and/or to select an event and/or to detect an event (see Fig. 1, Fig. 2, [0013-0015]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the use of an accelerometer of Hwang with the method of estimating wear of Wagner modified by Wright in order to improve the accuracy of wear estimation (see DE 10233844 A1 [Wagner]; [0012-0013]).
Regarding Claim 14, Wagner modified by Wright teaches the method of estimating wear of a vehicle brake element according to Claim 1.
Wagner modified by Wright does not teach the use of a vehicle motion sensor in the method.
Hwang teaches providing a vehicle motion sensor (20) connected to said electronic processing unit (50), acquiring the vehicle motion, generating a vehicle motion signal of said vehicle motion, transmitting said vehicle motion signals to said electronic processing unit (50), and said electronic processing unit (50) processing said motion signals to adjust said estimation and/or to select an event and/or to detect an event (see Fig. 1, Fig. 2, [0013-0015]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the use of a vehicle motion sensor of Hwang with the method of estimating wear of Wagner modified by Wright in order to improve the accuracy of wear estimation (see DE 10233844 A1 [Wagner]; [0012-0013]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US 20100030490 A1) in view of Wagner (DE 10233844 A1).
Regarding Claim 19, Wright discloses non-transitory computer readable media (520) storing instructions that, when executed by a processor (510), cause the processor to execute a method comprising: receiving sensed temperature measurements generated by a temperature sensor (322) configured to detect the temperature of a support back plate (306) (that supports a wearable block of friction material (304) of a vehicle braking element (810); and process the temperature measurements to provide an estimation of the wear condition of the vehicle braking system (820) (see Fig. 3, Fig. 5, Fig. 8, [0043].
Wright does not explicitly disclose the wear condition being the thickness of said wearable block of friction material.
Wagner teaches the wear condition estimation being the thickness of the wearable block of friction material (4) (see Fig. 1, Fig. 2, [0011]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the wear condition being the thickness of the wearable block of friction material of Wanger with the computer readable media and processor executing a method of Wright in order to efficiently determine wear condition of the vehicle braking element.
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.
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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