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.
Claim 12 is 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.
Regarding independent claim 12, the phrase “A cover component constituting a disc brake” is indefinite because it is unclear how a cover component “constitutes” a disc brake (see Merriam-Webster Online Dictionary; merriam-webster.com/dictionary/constituting; defining “constitute” as “make up, form, compose”). The cover component is disclosed as being a part of the disc brake, but the cover component does not make up, form or compose a disc brake.
Regarding independent claim 12, the phrase “A cover component constituting a disc brake including” is indefinite because it is unclear whether the cover component “includes” the subsequently recited elements, or alternatively, that the disc brake “includes” the subsequently recited elements.
Regarding independent claim 12, the phrase “A cover component constituting a disc brake including . . . the cover component comprises . . .” is indefinite because it is unclear whether all of the elements recited between “a disc brake including” and “the cover component comprises” are required elements of the claim. It appears that the elements recited between “a disc brake including” and “the cover component comprises” were intended be a recitation of intended use in the preamble. However, the cover component is subsequently defined in terms that positively require elements of the disc brake. For example, the phrase “the cover component comprises . . . a first inward side tip portion folded to an inward side of the cylinder hole in a radial direction abuts the groove” requires that the first inward side tip portion abut the groove in the opening in the claw portion of the caliper of the disc brake. Because the disc brake appears to be recited as an intended use in the preamble but the body of the claim positively requires at least portions of the disc brake, it is unclear whether or not the disc brake and all of the accompanying details recited in the preamble are required elements of the claim.
Allowable Subject Matter
Claims 1-11 are allowed.
Claim 12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding independent claims 1 and 12, Hitachi Astemo (WO 2021/125052) is considered to be the closest prior art of record.
Hitachi Astemo discloses a disc brake (see Abstract, FIGS. 1-23) comprising: an attachment member (12) that is fixed to a non-rotation portion of a vehicle and provided in a manner of straddling an outer circumferential side of a disc (11) (see FIG. 1); a first friction pad (17) that is movably provided in the attachment member and disposed in a manner of facing one surface of the disc in an axial direction (see FIG. 3); a second friction pad (17) that is movably provided in the attachment member and disposed in a manner of facing the other surface of the disc in the axial direction (see FIG. 3); a piston (72) that pressurizes the first friction pad (see FIG. 6); a caliper (51) that accommodates the piston to be able to move in the axial direction of the disc and has a cylinder portion (55) which has a cylinder hole accommodating the piston (see FIG. 6), a bridge portion (56) which is provided in a manner of straddling the outer circumferential side of the disc from the cylinder portion (see FIG. 6), a claw portion (57) which is provided in a manner of facing the cylinder portion in an axial direction of the cylinder hole from the bridge portion (see FIG. 6), and a recessed portion (81) which is provided in the claw portion in a manner of facing the cylinder hole (see FIGS. 5, 6) and has a groove (101) on an inner circumferential surface (see FIGS. 5, 6); a plate member (14) that covers the recessed portion in the axial direction of the cylinder hole (see FIG. 1); and an interlock member (112) that fixes the plate member to the caliper and has a fixing portion (171) which is fixed to the plate member (see FIG. 21), a first inward side folded interlock piece (162) which extends in the axial direction of the cylinder hole from the fixing portion (see FIG. 21) and in which a first inward side tip portion (193) folded to an inward side of the cylinder hole in a radial direction abuts the groove (see FIGS. 8, 21, 22).
Hitachi Astemo, however, does not disclose a first outward side folded interlock piece which extends in the axial direction of the cylinder hole from the fixing portion and in which a first outward side tip portion folded to an outward side of the cylinder hole in the radial direction abuts the groove.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at (571)272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
December 9, 2025