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 Amendment
The amendment filed 01/21/2026 has been entered. No amendment has been made and claims 1-20 are argued by the applicant. Therefore, claims 1-20 are now pending in the application.
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.
Claim(s) 1-2, 4-5, 7-11, and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clark(US – 2010/0031523 A) and further in view of Salsman (US – 6,237,723 B1).
As per claim 1. Clark discloses Brake Pad Measuring Tool And Method Of Using comprising:
a sleeve (Attached figure and Fig: 1-3) that includes:
a sleeve hole (Attached figure and Fig: 1-3) that extends along an axis (Attached figure and Fig: 1-3); and
a sleeve slot (17, Fig: 2) that extends through the sleeve from the sleeve hole to an outer side of the sleeve that faces away from the axis (Attached figure and Fig: 1-3);
a plunger (18, Fig: 1-3) that is received in the sleeve hole and moveable along the axis with respect to the sleeve (Fig: 1-3), the plunger including:
a plunger body (18, Fig: 1-3) that is received in the sleeve hole and that has a plunger indicator region (22, fig: 1-2) that provides visual information indicative of a state of wear of friction material of an inboard brake pad assembly ([0043] – [0044], Fig: 1-3); and
a probe (20, Fig: 1-2, 4) that extends from the plunger body through the sleeve slot and past the outer side of the sleeve (Fig: 1-2).
Clark disclose all the claimed invention but fails to disclose plunger body has a plunger indicator region that provides visual information indicative of a state of wear of friction material of an inboard brake pad assembly.
Salsman discloses Quick Check Brake Indicator comprising:
plunder body (7, Fig: 1-3) has a plunger indicator region (6, 8, Fig: 1-3) that provides visual information indicative of a state of wear of friction material of an inboard brake pad assembly (When both bar adjacent segments 6 and 8 are partially or completely displayed to the right of the plate 1 at the same time, the contacted brake pad or rotor has not worn a sufficient amount to indicate any action is necessary at that time to replace them, Col: 2, Ln: 57-61, Fig: 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake Pad Measuring Tool to make the plunger body has a plunger indicator region that provides visual information indicative of a state of wear of friction material of an inboard brake pad assembly as taught by Salsman in order to provide for an improved gauge to indicate wear on a vehicle's disc brakes, piston travel to piston seal leaks and rotor wear and also provide for such an indicator wherein a color code warning indicator is displayed when excessive pad wear is detected.
As per claim 2, Clark discloses wherein the sleeve has a first end (14, Fig: 1-2) and a second end (opposite end of 14, Fig: 1-2) disposed opposite the first end, wherein the sleeve hole (Attached figure and Fig: 1-2) extends from the first end to the second end and the sleeve slot extends from the first end toward the second end (Attached figure and Fig: 1-2).
As per claim 4, Salsman further discloses a ground plate (1, Fig: 1-3) that is moveably disposed on the sleeve (Fig: 2-3) and that has a ground plate hole through which the sleeve extends (Fig: 2-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake Pad Measuring Tool of the Clark as modified by Salsman to include the ground plate that is moveably disposed on the sleeve and that has a ground plate hole through which the sleeve extends as taught by Salsman in order to indicator is eventually contacted by the braking plate in applying the brakes resulting in a keen vibrational noise.
As per claim 5, Salsman further discloses wherein the sleeve hole extends between a first end and a second end of the sleeve (9, Fig: 1-2) and wherein the ground plate (1, Fig: 2-3) is positioned along the axis between the probe and the second end of the sleeve (Fig: 2-3).
As per claim 7, Salsman further discloses wherein a sleeve indicator region (6, 8) that provides visual information indicative of the state of wear of friction material of an outboard brake pad assembly is provided on the outer side of the sleeve (Col: 2, Ln: 57-61, Fig: 1-3).
As per claim 8, Clark discloses Brake Pad Measuring Tool And Method Of Using comprising:
providing a tool (10, Fig: 1, 3) that has a sleeve that defines a sleeve hole (Attached figure and Fig: 1-3) and a sleeve slot that extends through the sleeve from the sleeve hole (Attached figure and Fig: 1-3), a plunger (18, Fig: 1-3) that has a plunger body that is received in the sleeve hole (Attached figure and Fig: 1-3),
engaging the tool (10, Fig: 3) with a friction surface of a brake rotor (33, Fig: 3) that is configured to be engaged by the friction material (Fig: 3);
engaging the probe with a backplate of the brake pad assembly (36, Fig: 3) upon which the friction material is disposed ([0049] – [0052], Fig: 3).
Clark disclose all the claimed invention but fails to disclose the plunger body having a plunger indicator region, and a probe that extends from the plunger body through the sleeve slot; and
measuring the friction material with the plunger indicator region.
Salsman discloses Quick Check Brake Indicator comprising:
the plunger body (7, Fig: 1-3) having a plunger indicator region (6, 8, Fig: 1-3), and a probe (7, Fig: 1-3) that extends from the plunger body through the sleeve slot (Fig: 1-3); and
measuring the friction material with the plunger indicator region (When both bar adjacent segments 6 and 8 are partially or completely displayed to the right of the plate 1 at the same time, the contacted brake pad or rotor has not worn a sufficient amount to indicate any action is necessary at that time to replace them, Col: 2, Ln: 57-61, Fig: 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake Pad Measuring Tool to make the plunger body having a plunger indicator region, and a probe that extends from the plunger body through the sleeve slot; and measuring the friction material with the plunger indicator region as taught by Salsman in order to provide for an improved gauge to indicate wear on a vehicle's disc brakes, piston travel to piston seal leaks and rotor wear and also provide for such an indicator wherein a color code warning indicator is displayed when excessive pad wear is detected.
As per claim 9, Salsman further discloses wherein engaging the tool (Fig: 1-3) with the friction surface of the brake rotor includes positioning the plunger substantially perpendicular to the friction surface (Fig: 3).
As per claim 10, Clark discloses wherein engaging the tool (10) with the friction surface of the brake rotor includes positioning the sleeve between a brake carrier (Fig: 3) that receives the brake pad assembly and a bottom side of the backplate (36, [0049] – [0052], Fig: 3).
As per claim 11, Clark discloses wherein engaging the tool (10) with the friction surface includes placing an end of the tool in contact with the friction surface ([0049] – [0052], Fig: 3).
As per claim 14, Clark discloses wherein the sleeve has a first end that faces (14, Fig: 1-2) toward the brake rotor (33, Fig: 3) and a second end disposed opposite the first end (Fig: 1-3), and
teaching reference Salsman further discloses
wherein measuring the friction material with the plunger indicator region (6, 8, Fig: 1-3) includes visually determining where the plunger indicator region is aligned with the second end (Col: 2, Ln: 57-61, Fig: 1-3).
As per claim 15, Clark discloses Brake Pad Measuring Tool And Method Of Using comprising:
providing a tool (10, Fig: 1-3) that has a sleeve (Attached figure and Fig: 1-3) that defines a sleeve hole (Attached figure and Fig: 1-3), a sleeve indicator region disposed on an outer side of the sleeve (Fig: 1-3), a plunger that has a plunger body (18, Fig: 1-3) that is received in the sleeve hole (Attached figure and Fig: 1-3), and
engaging the tool (10, Fig: 3) with a brake carrier (Fig: 3) that receives the brake pad assembly (Fig: 3); and
measuring the friction material with the sleeve indicator region (22, Fig: 3).
Clark discloses all the structural elements of the claimed invention but fails to explicitly disclose a ground plate that is moveably disposed on the sleeve and has a ground plate hole through which the sleeve extends;
engaging the ground plate with a brake caliper that is slidably mounted to the brake carrier.
Salsman discloses Gauge Quick Check Brake Indicator comprising;
a ground plate (1, Fig: 1-3) that is moveably disposed on the sleeve (Fig: 2-3) and has a ground plate hole (Fig: 2-3) through which the sleeve extends;
engaging the ground plate (1, Fig: 5) with a brake caliper that is slidably mounted to the brake carrier (Fig: 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake Pad Measuring Tool of the Clark to include the sleeve and has a ground plate hole through which the sleeve extends; and engaging the ground plate with a brake caliper that is slidably mounted to the brake carrier as taught by Salsman in order to provide indicator is eventually contacted by the braking plate in applying the brakes resulting in a keen vibrational noise.
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As per claim 16, Clark discloses wherein engaging the tool (10) with the brake carrier (Fig: 3) includes engaging an end of the tool with the brake carrier (Fig: 3) and positioning the sleeve substantially parallel to an axis of rotation of a brake rotor (Fig: 3).
As per claim 17, Salsman further discloses engaging the ground plate (1) with the brake caliper includes engaging the ground plate with a cap of the brake caliper (Fig: 5) and that closes a guide pin opening in the brake caliper that receives a guide pin assembly that is fixedly mounted to the brake carrier (Fig: 5) and upon which the brake caliper is moveably disposed (Fig: 5).
As per claim 18, Salsman further discloses wherein engaging the ground plate (1) includes engaging the ground plate with an exterior side of the cap that faces away from the brake pad assembly (Fig: 1-3 and 5).
As per claim 19, Salsman further discloses wherein engaging the ground plate (1) includes positioning the ground plate substantially perpendicular to an axis along which the plunger extends (Fig: 5).
As per claim 20, Salsman further discloses wherein measuring the friction material includes visually determining where the ground plate is aligned with the sleeve indicator region (Fig: 1-3 and 5).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clark (US – 2010/0031523 A) as modified by Salsman (US – 6,237,723 B1) as applied to claims 1-2 above, and further in view of Spranza (US – 5,013,318).
As per claim 3, Clark as modified by Salsman discloses all the structural elements of the claimed invention but fails to explicitly disclose an end cap that is disposed at the first end of the sleeve, wherein the end cap inhibits removal of the plunger from the sleeve hole.
Spranza discloses Medical Instrument For Measuring Depth Of Fastener Hold In Bone comprising:
an end cap (6, Fig: 1-2) that is disposed at the first end of the sleeve (Fig: 1-2), wherein the end cap inhibits removal of the plunger from the sleeve hole (Fig: 1-2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake Pad Measuring Tool of the Clark as modified by Salsman to make the end cap that is disposed at the first end of the sleeve, wherein the end cap inhibits removal of the plunger from the sleeve hole as taught by Stanza in order to provide easy to move the plunger for measuring process and restrict excess movement of the plunder.
Claim(s) 6, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clark (US – 2010/0031523 A) as modified by Salsman (US – 6,237,723 B1) as applied to claims 1, 4-5 above, and further in view of Spranza (US – 5,013,318).
As per claim 6, Clark as modified by Salsman discloses all the structural elements of the claimed invention wherein the sleeve has a protrusion that is disposed proximate the second end of the sleeve, wherein the protrusion and the probe inhibit removal of the ground plate from the sleeve.
Spranza discloses Medical Instrument For Measuring Depth Of Fastener Hold In Bone comprising:
wherein the sleeve has a protrusion (4, Fig: 1) that is disposed proximate the second end of the sleeve (Fig: 1), wherein the protrusion and the probe inhibit removal of the ground plate from the sleeve (Fig: 1-2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Brake Pad Measuring Tool of the Clark as modified by Salsman to make the sleeve has a protrusion that is disposed proximate the second end of the sleeve, wherein the protrusion and the probe inhibit removal of the ground plate from the sleeve as taught by Spranza in order to provide easy to move the plunger for measuring process and restrict excess movement of the plunger.
Claim 12 recites all the limitations recited in claim 3 and therefore, rejects under the same rationale.
Claim 13 recites all the limitations recited in claims 4-5 and therefore, rejects under the same rationale.
Response to Arguments
Applicant’s arguments, see REMARK, filed 01/21/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 102(a)(1) and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Clark (US – 2010/0031523 A) and further in view of Salsman (US – 6,237,723 B1) as applied to claims 1, 4-5 above, and further in view of Spranza (US – 5,013,318).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 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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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616