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 06/11/2026 has been entered. No amendment has been made and claims 1-20 have been argued by the applicant. Therefore, claims 1-20 are now pending in the application.
Claim(s) 1-2, 7-11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) and further in view of WU (US – 2017/0108323 A1).
As per claim 1. David discloses Mechanical Pad Wear Indicator comprising:
a sleeve (83, Fig: 2) that includes:
a sleeve hole (hole for 82, Fig: 2) that extends along an axis (Fig: 2); and
a plunger (82, Fig: 2) that is received in the sleeve hole and moveable along the axis with respect to the sleeve (Fig: 2), the plunger including:
a plunger body (82, Fig: 2) that is received in the sleeve hole and that has a plunger indicator region (85, [0029] - [0032], Fig: 2) that provides visual information indicative of a state of wear of friction material of an inboard brake pad assembly (The wear sensing device 40 is coupled to the inboard brake pad assembly 104 at the retaining spring 108, [0047], Fig: 4-5); and
a probe (84, Fig: 2) that extends from the plunger body (Fig: 2).
David discloses all the structural elements of the claimed invention but fails to explicitly disclose a sleeve slot that extends through the sleeve from the sleeve hole to an outer side of the sleeve that faces away from the axis;
a probe that extends from the plunger body through the sleeve slot and past the outer side of the sleeve.
WU discloses Measuring Tool For Disc Brake Device Brake Pad comprising:
a sleeve slot (43, Fig: 1-2) that extends through the sleeve (3, Fig: 1-2) from the sleeve hole to an outer side of the sleeve that faces away from the axis (Fig: 1-2);
a probe (51, Fig: 1-2) that extends from the plunger body (5, Fig: 1-2) through the sleeve slot and past the outer side of 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 Mechanical Pad Wear Indicator of the David to make the sleeve slot that extends through the sleeve from the sleeve hole to an outer side of the sleeve that faces away from the axis and a probe that extends from the plunger body through the sleeve slot and past the outer side of the sleeve as taught by WU in order to enables the measuring tool in question to be used to measure the distance between a brake pad and a brake disc without the need to detach the respective wheel.
As per claim 2, David discloses wherein the sleeve has a first end (at 80, Fig: 2) and a second end (end portion at 82, Fig: 2) disposed opposite the first end, and wherein the sleeve hole extends from the first end to the second end (Fig: 2) but fails to explicitly disclose the sleeve slot extends from the first end toward the second end
WU further discloses the sleeve slot (43, Fig: 1-2) extends from the first end toward the second end (Fig: 1-2).
As per claim 7, David discloses wherein a sleeve indicator region (85, Fig: 2) 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 ([0029] - [0032], Fig: 2).
As per claim 8, David discloses Mechanical Pad Wear Indicator comprising:
providing a tool (70, Fig: 2) that has a sleeve (83, Fig: 2) that defines a sleeve hole (hold for 82, Fig: 2), a plunger (82, Fig: 2) that has a plunger body (82, Fig: 2) that is received in the sleeve hole (Fig: 2), the plunger body having a plunger indicator region (85, Fig: 2), and a probe (84, Fig: 2) that extends from the plunger body through the sleeve slot (Fig: 2)
engaging the tool (70, Fig: 2) with a friction surface of a brake rotor (116, Fig: 4-5) that is configured to be engaged by the friction material (Fig: 4-5); 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),
measuring the friction material with the plunger indicator region ([0042] - [0048], Fig: 2, 4-5).
David discloses all the structural elements of the claimed invention but fails to explicitly disclose a probe that extends from the plunger body through the sleeve slot.
WU discloses Measuring Tool For Disc Brake Device Brake Pad comprising:
a probe (51, Fig: 1-2) that extends from the plunger body (5, Fig: 1-2) through the sleeve slot (Fig: 1-2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of the David to make the probe that extends from the plunger body through the sleeve slot.as taught by WU in order to enables the measuring tool in question to be used to measure the distance between a brake pad and a brake disc without the need to detach the respective wheel.
As per claim 9, David discloses wherein engaging the tool (70, Fig: 2) with the friction surface of the brake rotor includes positioning the plunger substantially perpendicular to the friction surface (Fig: 4-5).
As per claim 10, WU further discloses wherein engaging the tool (Fig: 1) with the friction surface of the brake rotor includes positioning the sleeve between a brake carrier (Fig: 4) that receives the brake pad assembly and a bottom side of the backplate (Fig: 4).
As per claim 11, David discloses wherein engaging the tool (70) with the friction surface includes placing an end of the tool in contact with the friction surface ([0049] - [0052], Fig: 4-5).
As per claim 14, David discloses wherein the sleeve (83) has a first end that faces (opposite end of 80, Fig: 2 and 4-5) toward the brake rotor (116, Fig: 4-5) and a second end disposed opposite the first end (Fig: 2), and
wherein measuring the friction material with the plunger indicator region (85, Fig: 2) includes visually determining where the plunger indicator region is aligned with the second end (Fig: 2, 4-5).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) as modified by WU (US – 2017/0108323 A1) as applied to claims 1-2 above, and further in view of Spranza (US - 5,013,318).
As per claim 3, David as modified by WU 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 Mechanical Pad Wear Indicator of David as modified by WU 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 plunger.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) as modified by WU (US – 2017/0108323 A1) as applied to claim 1 above, and further in view of Salsman (US – 6,237,723 B1).
As per claim 4, David as modified by WU discloses a ground plate that is moveably disposed on the sleeve and that has a ground plate hole through which the sleeve extends.
Salsman discloses Quick Check Brake Indicator comprising:
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 Mechanical Pad Wear Indicator of David as modified by WU 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).
Claim(s) 6, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) as modified by WU (US – 2017/0108323 A1) and Salaman (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, David as modified by WU and Salsman and 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 Mechanical Pad Wear Indicator of David as modified by WU and 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.
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) further in view of Salsman (US – 6,237,723 B1).
As per claim 15, David discloses Mechanical Pad Wear Indicator comprising:
providing a tool (70, Fig: 2) that has a sleeve (83, Fig: 2) that defines a sleeve hole (hold for 82, Fig: 2), a sleeve indicator region disposed on an outer side of the sleeve (Fig: 1-3), a plunger (82, Fig: 2) that has a plunger body (82, Fig: 2) that is received in the sleeve hole (Fig: 2), and
engaging the tool (70, Fig: 3) with a brake carrier (112, Fig: 2) that receives the brake pad assembly (Fig: 4); and
measuring the friction material with the sleeve indicator region (85, Fig: 2, 4).
David 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 (112, Fig: 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of David 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.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of the David to make the probe that extends from the plunger body through the sleeve slot.as taught by WU in order to enables the measuring tool in question to be used to measure the distance between a brake pad and a brake disc without the need to detach the respective wheel.
As per claim 16, David discloses wherein engaging the tool (70) with the brake carrier (Fig: 4) includes engaging an end of the tool with the brake carrier (112, Fig: 4) and positioning the sleeve substantially parallel to an axis of rotation of a brake rotor (116, Fig: 4).
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).
Response to Arguments
Applicant’s arguments, see REMARK, filed 06/11/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 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 David et al. (US - 2019/0249735 A1) and further in view of WU (US – 2017/0108323 A1), Salaman (US – 6,237,723 B1) and 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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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616