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 Amended independent Claim 1 to incorporate allowable subject matter, this traverses the prior art rejections of independent Claim 1 and dependent Claims 2-10 and 13 accordingly. Claims 1-10 and 13 are rejected under 35 U.S.C. 112 as seen below.
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 1-10, 13 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.
Regarding Claim 1, the limitation “wherein said structural stiffening means comprises one or more discrete fixing points that surround at least one force sensor” is recited. It is unclear, in light of the specification and figures, how one discrete fixing point could surround the at least one force sensor. This can be amended to read “wherein said structural stiffening means comprises a plurality of discrete fixing points that surround at least one force sensor”. Claim 2-10 and 13 are rejected as depending on a rejected base claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4-10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Regarding Claim 4, the limitation “wherein said structural stiffening means comprises a rigid substrate of said printed circuit board” is recited. This fails to further limit the independent Claim 1, this can be resolved by amending claim 4 to read “wherein said structural stiffening means further comprises a rigid substrate of said printed circuit board”. While the figures and specification do not explicitly disclose any combination of structural stiffening means, they provide enough disclosure that one of ordinary skill in the art before the effective filling date of the claimed invention would recognize and understand how to combine these structural stiffening means. If Applicant does not want to claim the combination of these structural stiffening means, the rejected claims must be cancelled or amended to place the claim in proper dependent form. Claim 5 is rejected for depending on a rejected Claim 4.
Regarding Claim 6, the limitation “wherein said structural stiffening means comprises a filler material for filling said gap” is recited. This fails to further limit the dependent Claim 3, this can be resolved by amending claim 6 to read “wherein said structural stiffening means further comprises a filler material for filling said gap”. While the figures and specification do not explicitly disclose any combination of structural stiffening means, they provide enough disclosure that one of ordinary skill in the art before the effective filling date of the claimed invention would recognize and understand how to combine these structural stiffening means. If Applicant does not want to claim the combination of these structural stiffening means, the rejected claims must be cancelled or amended to place the claim in proper dependent form. Claim 7-8 are rejected for depending on a rejected Claim 6.
Regarding Claim 9. The limitation “wherein said structural stiffening means comprises one or more discrete elements” is recited. This fails to further limit the dependent Claim 2, this can be resolved by amending claim 9 to read “wherein said structural stiffening means further comprises one or more discrete elements”. While the figures and specification do not explicitly disclose any combination of structural stiffening means, they provide enough disclosure that one of ordinary skill in the art before the effective filling date of the claimed invention would recognize and understand how to combine these structural stiffening means. If Applicant does not want to claim the combination of these structural stiffening means, the rejected claims must be cancelled or amended to place the claim in proper dependent form. Claim 10 is rejected for depending on a rejected Claim 9.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-10 and 13 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and 35 U.S.C. 112(d) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Prior art of record does not teach the sensor-equipped brake pad for a braking system of a motor vehicle specifically comprising “a structural stiffening means for a said printed circuit board, wherein said structural stiffening means comprises one or more discrete fixing points that surround at least one force sensor” of amended independent Claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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