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 Objections
Claim 1 is objected to because of the following informalities: in the second to last line of the claim, the word –a—should be inserted before the term “radial direction” for the claim to read more clearly. Appropriate correction is required.
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 1-21 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.
In lines 8 and 10 of Claim 1, the terms “semi-finished band” are indefinite. It is unclear which of the plurality of semi-finished bands, previously recited, that applicant is referring to in these instances.
Regarding claim 1, the phrase "or mainly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 2, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 3-5 are rejected merely due to their dependencies from Claim 1.
In the last line of Claim 6, the term “semi-finished band” is indefinite. It is unclear which of the plurality of semi-finished bands, previously recited, that applicant is referring to here.
In the last line of Claim 7, the term “semi-finished band” is indefinite. It is unclear which of the plurality of semi-finished bands, previously recited, that applicant is referring to here.
Claim 8 is rejected merely due to its dependency from Claim 1.
Regarding Claim 9, the phrase "or mainly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 10 is rejected merely due to its dependency from Claim 1.
In lines 8 and 10 of Claim 11, the terms “semi-finished band” are indefinite. It is unclear which of the plurality of semi-finished bands, previously recited, that applicant is referring to in these instances.
Regarding claim 11, the phrase "or mainly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 13–15 are rejected merely due to their dependencies from Claim 11.
In the last line of Claim 16, the term “semi-finished band” is indefinite. It is unclear which of the plurality of semi-finished bands, previously recited, that applicant is referring to here.
Claims 17 and 18 are rejected merely due to their dependencies from Claim 11.
Regarding claim 19, the phrase "or mainly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 20 and 21 are rejected merely due to their dependencies from Claims 1 and 11.
Claim Rejections - 35 USC § 102
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, 14-16, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent No. JPS 63-40658 (referred to below as JP ‘658).
Regarding Claim 11, JP ‘658 discloses a process for making a braking band 3b for a disc 3 of a disc brake for a motorcycle (see paragraph 0001 of the examiner provided translation), the process comprising the steps of: a) performing a casting by centrifugal casting of a predefined quantity of cast iron (see paragraph 0001 of the examiner provided translation) obtaining a tubular semi-finished product; b) transversely cutting the tubular semi-finished product obtaining a plurality of semi-finished bands 3b having a thickness substantially equal to a thickness of the braking band 3b (see Figure 1 and paragraph 0001 of the examiner provided translation); c) cooling the semi-finished band 3b, obtaining a semi-finished band in ductile iron (see paragraph 0001 of the examiner provided translation); and d) subjecting the semi-finished band to a chip removal process to obtain a finished braking band 3b (see paragraph 0001 of the examiner provided translation).
Regarding Claim 14, JP ‘658 further discloses that the cast iron of step a) is a hypo-eutectic cast iron (see paragraph 0001 of the examiner provided translation).
Regarding Claim 15, JP ‘658 further discloses that the hypo-eutectic cast iron has a carbon concentration ranging between 3.5% and 4% (see paragraph 0001 of the examiner provided translation).
Regarding Claim 16, JP ‘658 further discloses that by chip removal machining, connection means 3a for connecting to a disc bell are made on the semi-finished band 3b (see Figure 1 and paragraph 0001 of the examiner provided translation).
Regarding Claim 18, see band 3b in Figure 1.
Regarding Claim 20, JP ‘658 further discloses a disc 3 for a disc brake for motorcycles comprising a bell for connection to a wheel hub 13 (see Figure 2), and a braking band 3b according to Claim 18, provided with connection means 3a, wherein the braking band 3b is connected to the bell by the connection means 3a (see Figure 2 and paragraph 0001 of the examiner provided translation).
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) 1-6, 8, 10, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent No. JPS 63-40658 (referred to below as JP ‘658) in view of British Patent No. GB 1338927 to Heinemann.
Regarding Claim 1, JP ‘658 discloses a process for making a braking band 3b for a disc 3 of a disc brake for a motorcycle (see paragraph 0001 of the examiner provided translation), the process comprising the steps a) – d) (as outlined in the rejection of Claim 11 above).
However, JP ‘658 does not disclose making at least one radial hole in a radial direction in the braking band to obtain a finished braking band.
Heinemann is relied upon merely for his teachings of a process for making a braking band having at least one radial hole 9 in a radial direction in the braking band (see Figure 2) to obtain a finished braking band (see page 4, first column, lines 39-57).
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 braking band of JP ‘658 to include at least one radial hole as taught by Heinemann in order to provide a means of removing brake dust which can be produced on the friction surface of the disc during wear.
Regarding Claim 2, JP ‘658, as modified, discloses most all the features of the instant invention as applied above, except for between step a) and step b), performing a first tempering heat treatment at a temperature ranging between 400 degrees Celsius and 500 degrees Celsius, and subsequent cooling, preferably in air.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a first tempering heat treatment ranging between 400 degrees Celsius and 500 degrees Celsius, and subsequent cooling, preferably in air, in the process of JP ‘658, as modified, as a matter of design preference to increase the braking band’s strength, durability, and resistance to cracking or warping to improve the band’s overall wear life.
Regarding Claim 3, JP ‘658, as modified, discloses most all the features of the instant invention as applied above, except for between step b) and step c), performing a second heat treatment at a temperature ranging between 700 degrees Celsius and 800 degrees Celsius.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a second heat treatment ranging between 700 degrees Celsius and 800 degrees Celsius, in the process of JP ‘658, as modified, as a matter of design preference to further increase the braking band’s strength, durability, and resistance to cracking or warping to improve the band’s overall wear life.
Regarding Claim 4, JP ‘658, as modified, further discloses that the cast iron of step a) is a hypo-eutectic cast iron (see paragraph 0001 of the examiner provided translation of JP ‘658).
Regarding Claim 5, JP ‘658, as modified, further discloses that the hypo-eutectic cast iron has a carbon concentration between 3.5% and 4% (see paragraph 0001 of the examiner provided translation of JP ‘658).
Regarding Claim 6, JP ‘658, as modified, further discloses that by chip removal machining, connection means 3a for connecting to a disc bell are made on the semi-finished band (see Figure 1 and paragraph 0001 of the examiner provided translation of JP ‘658).
Regarding Claim 8, see braking band 3a in Figure 1 of JP ‘658.
Regarding Claim 10, JP ‘658, as modified, further discloses a disc 3 for a disc brake for motorcycles comprising a bell for connection to a wheel hub 13 (see Figure 2 of JP ‘658), a braking band 3b according to Claim 8, provided with a connection means 3a, wherein the braking band 3b is connected to the bell by the connection means 3a (see Figure 2 and paragraph 0001 of the examiner provided translation of JP ‘658).
Regarding Claim 21, JP ‘658, as modified, discloses a disc brake for a motorcycle (see Figure 2 of JP ‘658) comprising i) a bell connectable to a wheel hub 13 (see Figure 2 of JP ‘658), ii) a braking band 3b according to Claim 8, provided with a connection means 3a, wherein the braking band 3b is connected to the bell by the connection means 3a (see Figure 2 and paragraph 0001 of the examiner provided translation of JP ‘658), and iii) a braking caliper 17 comprising friction pads 18,19, wherein each friction pad 18,19 comprises a base surface directed towards a disc 3 of the disc brake, and a layer of friction material that at least partly covers the base surface, wherein the friction material comes into contact with the braking band 3b to brake rotation of the disc 3 (see Figure 2 of JP ‘658).
However, JP ‘658, as modified, does not disclose that the friction material comprises organic fibers, the organic fibers being natural rubber and/or carbon.
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 friction material of JP ‘658, as modified, to comprise organic fibers, the organic fibers being natural rubber and/or carbon as a matter of design preference dependent upon the desired strength and rigidity of the brake pads and their intended operating environments.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent No. JPS 6340658 in view of British Patent No. GB 1338927 to Heinemann as applied to claims 1-6, 8, 10, and 21 above, and further in view of PG Publication No. 2004/0011608 to Tironi et al.
Regarding Claim 7, JP ‘658, as modified, disclose most all the features of the instant invention as applied above, except for making by chip removal machining, axial holes on the semi-finished band.
Tironi et al are relied upon merely for their teachings of a braking band for motorcycles (see Figure 1) having by chip removal machining, axial holes 12 made on the semi-finished band (see Figure 1 and paragraph 0028).
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 axial holes on the semi-finished band of JP ‘658, as modified, as taught by Tironi et al., in order to reduce the overall weight of the brake disc and to provide additional cooling to the brake disc.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent No. JPS 6340658 in view of British Patent No. GB 1338927 to Heinemann as applied to claims 1-6, 8, 10, and 21 above, and further in view of PG Publication No. 2006/0266497 to Cooper.
Regarding Claim 9, JP ‘658, as modified, disclose most all the features of the instant invention as applied above, except for the braking band being made of spheroidal cast iron or mainly in spheroidal cast iron.
Cooper is relied upon merely for their teachings of manufacturing braking components for vehicles being made in spheroidal cast iron (see the abstract and paragraph 0001).
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 brake band of JP ‘658, as modified, to be made of spheroidal cast iron as taught by Cooper as a matter of design preference to improve upon the strength and ductility of the band to better resist braking forces imparted on the disc.
Claim(s) 12, 13, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent No. JPS 6340658 (referred to as JP ‘658 below).
Regarding Claim 12, JP ‘658 discloses most all the features of the instant invention as applied above with respect to Claim 11, except for between step a) and step b), performing a first tempering heat treatment at a temperature ranging between 400 degrees Celsius and 500 degrees Celsius, and subsequent cooling, preferably in air.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a first tempering heat treatment ranging between 400 degrees Celsius and 500 degrees Celsius, and subsequent cooling, preferably in air, in the process of JP ‘658 as a matter of design preference to increase the braking band’s strength, durability, and resistance to cracking or warping to improve the band’s overall wear life.
Regarding Claim 13, JP ‘658 discloses most all the features of the instant invention as applied above, except for between step b) and step c), performing a second tempering heat treatment at a temperature ranging between 700 degrees Celsius and 800 degrees Celsius.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a second heat treatment ranging between 700 degrees Celsius and 800 degrees Celsius, in the process of JP ‘658 as a matter of design preference to further increase the braking band’s strength, durability, and resistance to cracking or warping to improve the band’s overall wear life.
Regarding Claim 22, JP ‘658 discloses a disc brake for a motorcycle comprising: i) a bell connectable to a wheel hub 13 of the motorcycle, ii) a braking band 3b according to Claim 18 provided with connection means 3a, wherein the braking band 3b is connected to the bell by the connection means 3a (see Figure 2), and iii) a braking caliper 17 comprising friction pads 18,19, wherein each friction pad 18,19 comprises a base surface directed towards a disc 3 of the disc brake, and a layer of friction material that at least partly covers the base surface, wherein the friction material comes into contact with the braking band 3b to brake rotation of the disc 3 (see Figure 2).
However, JP ‘658 does not disclose that the friction material comprises organic fibers, the organic fibers being natural rubber and/or carbon.
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 friction material of JP ‘658 to comprise organic fibers, the organic fibers being natural rubber and/or carbon as a matter of design preference dependent upon the desired strength and rigidity of the brake pads and their intended operating environments.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent No. JPS 6340658 in view of PG Publication No. 2004/0011608 to Tironi et al.
Regarding Claim 17, JP ‘658 discloses most all the features of the instant invention as applied above, except for making by chip removal machining, axial holes on the semi-finished band.
Tironi et al are relied upon merely for their teachings of a braking band for motorcycles (see Figure 1) having by chip removal machining, axial holes 12 made on the semi-finished band (see Figure 1 and paragraph 0028).
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 axial holes on the semi-finished band of JP ‘658 as taught by Tironi et al., in order to reduce the overall weight of the brake disc and to provide additional cooling to the brake disc.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent No. JPS 6340658 in view of PG Publication No 2006/0266497 to Cooper.
Regarding Claim 19, JP ‘658 discloses most all the features of the instant invention as applied above, except for the braking band being made of spheroidal cast iron or mainly in spheroidal cast iron.
Cooper is relied upon merely for their teachings of manufacturing braking components for vehicles being made in spheroidal cast iron (see the abstract and paragraph 0001).
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 brake band of JP ‘658 to be made of spheroidal cast iron as taught by Cooper as a matter of design preference to improve upon the strength and ductility of the band to better resist braking forces imparted on the disc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO document no. WO 9928641 to Wendt, European Patent No. EP 1092889 to Tironi et al., European Patent No. EP 3339672 to Bonfanti et al, and European Patent No. EP 4650466 to Bontempi et al all disclose braking bands similar to applicant’s.
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 12/09/25