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 § 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.
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.
Claims 1-3, 5-7, 10-12, 15-17, 19, 20, 22-23, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Isono et al. (US-20110278104) in view of Kawamoto et al. (US-4027750).
Regarding claim 1, Isono et al. discloses a brake system comprising: a carrier (29) having a mounting feature (fig 1, 29 and the aperture thereat); a guide pin (31) comprising longitudinally spaced first and second ends (figs 1 and 4-5), an outer bearing surface comprising longitudinally spaced first and second ends(figs 1 and 4-5), and an interior through hole (fig 3, at least where 33 is inserted) extending between and open at the first and second ends of the guide pin (fig 3), wherein the guide pin comprises a relief passage (46/46a/46b); a caliper (25/29/30) comprising a longitudinally extending bore (23/24) having spaced apart first and second ends, wherein the guide pin (31) is received in the bore (fig 1), and wherein the caliper is slidably mounted on the guide pin ([0010]) with the relief passage (46/46a/46b) in fluid communication with the first and second ends of the bore (at least figs 3-9); and a fastener (33) disposed in the through hole and comprising a first end (at or near 33/45) engaged with the mounting feature (29/30) and a second end engaged with the guide pin ([0046]); and a cap (at least wherein 33/45/48 seal the bore, or alternatively wherein 61 has been interpreted as a cap) coupled to the caliper (25/29/30) and closing a second end of the bore (figs 1 and 3).
Isono lacks wherein the relief passage is on an outside of the guide pin. Kawamoto et al. teaches a floating disc brake including an air escape structure (at least figs 3, 4, 6, and 7) wherein grooves (11/11a) permit the air compressed at the bottom of the blind hole (10) to be exhausted to the outer atmosphere when the pin is inserted therein. Conversely, the grooves (11/11a) may be provided on the outer surface of the bag (8), and such a procedure will render the bag easier to manufacture (Kawamoto et al., col. 4, line 62- col. 5, line 5).
It would have been obvious to one of ordinary skill in the art to modify the guide pin arrangement of Isono by forming the relief passage (at least 46a) on an outside surface of the guide pin as taught by Kawamoto et al. as the modification would not change the operation of the device of Isono because the relief passage would continue to provide a fluid communication path between portions of the bore during sliding movement of the caliper relative to the guide pin. The modification merely changes the location from an interior surface to an exterior surface while preserving the same hydraulic and venting functions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the guide pin arrangement of Isono by forming the relief passage on an outside surface of the guide pin as taught by Kawamoto et al. as a matter of engineering design choice of an alternative placement that eases the manufacturing process (Kawamoto et al., col. 5, lines 4-5).
Regarding claim 2, Isono et al. discloses wherein the outer bearing surface is cylindrical (figs 1 and 4-9).
Regarding claim 3, Isono et al. discloses wherein the relief passage (46/46a/46b) comprises a longitudinal channel (46/46a) formed in and extending radially inwardly from the outer bearing surface (figs 3-9, extending radially inwardly at least at 46b).
Regarding claim 5, Isono et al. discloses wherein the mounting feature (29/30) comprises a threaded hole, and wherein the first ends of the fastener is threadably engaged with the threaded hole ([0046], screw fitted).
Regarding claim 6, Isono et al. discloses a flexible boot seal (35/36 and/or 48) disposed between the guide pin and the caliper (fig 1), wherein the flexible boot seal defines a first chamber communicating with the first end of the bore and the relief passage (figs 1 and 3 and [0038] wherein the boot covers the fit-in gap between the slide pin 31, 32 and the fit-in hole 23, 24 is attached between the arm 29, 30 and the sleeve 21, 22 ).
Regarding claim 7, Isono et al. discloses wherein the cap (61, fig 4-9) defines a second chamber (46a) at the second end of the bore, wherein the relief passage communicates with the second chamber (figs 4-9).
Regarding claim 10, Isono et al. discloses wherein the caliper comprises a bushing (21/22) disposed in the bore and slidably engaging the outer bearing surface of the guide pin (figs 1-9).
Regarding claim 11, Isono et al. discloses wherein the relief passage (46/46a/46b) comprises a first passage (46b) communicating between the outer bearing surface and the through hole (figs 4-9).
Regarding claim 12, Isono et al. discloses wherein the guide pin comprises a face engaged by the second end of the fastener (fig 3, 33), and wherein the relief passage further comprises a second passage (46/47) communicating between the through hole and the face (fig 3).
Regarding claim 15, Isono et al. discloses inserting a guide pin (31/32) into a bore (22/24) of a caliper (25), wherein the bore has first and second ends (fig 1), wherein the guide pin comprises an outer bearing surface, and an interior through hole extending between and open at first and second ends of the guide pin (figs 4-9), wherein the guide pin comprises a relief passage (46/46a/46b) in fluid communication with the first and second ends of the bore (figs 3-9); inserting a fastener (33/34) into the through hole and engaging a mounting feature of a carrier (29/30); and installing a cap on the caliper and closing the second end of the bore (at least wherein 33/45/48 seal the bore, or alternatively wherein 61 has been interpreted as a cap).
Isono lacks wherein the relief passage is on an outside of the guide pin. Kawamoto et al. teaches a floating disc brake including an air escape structure (at least figs 3, 4, 6, and 7) wherein grooves (11/11a) permit the air compressed at the bottom of the blind hole (10) to be exhausted to the outer atmosphere when the pin is inserted therein. Conversely, the grooves (11/11a) may be provided on the outer surface of the bag (8), and such a procedure will render the bag easier to manufacture (Kawamoto et al., col. 4, line 62- col. 5, line 5).
It would have been obvious to one of ordinary skill in the art to modify the guide pin arrangement of Isono by forming the relief passage (at least 46a) on an outside surface of the guide pin as taught by Kawamoto et al. as the modification would not change the operation of the device of Isono because the relief passage would continue to provide a fluid communication path between portions of the bore during sliding movement of the caliper relative to the guide pin. The modification merely changes the location from an interior surface to an exterior surface while preserving the same hydraulic and venting functions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the guide pin arrangement of Isono by forming the relief passage on an outside surface of the guide pin as taught by Kawamoto et al. as a matter of engineering design choice of an alternative placement that eases the manufacturing process (Kawamoto et al., col. 5, lines 4-5).
Regarding claim 16, Isono et al. discloses wherein the outer bearing surface is cylindrical (figs 1 and 4-9).
Regarding claim 17, Isono et al. discloses wherein the relief passage (46/46a/46b) comprises a channel (46/46a/46b) extending radially inwardly from the outer bearing surface (figs 3-9, extending radially inwardly at least at 46b).
Regarding claim 19, Isono et al. discloses wherein the relief passage (46/46a/46b) comprises a first passage (46b) communicating between the outer bearing surface and the through hole (figs 4-9).
Regarding claim 20, Isono et al. discloses wherein engaging a face of the guide pin with a shoulder of the (fig 3, 33/31) and wherein the relief passage further comprises a second passage (46/47) communicating between the through hole and the face (fig 3).
Regarding claim 22, Isono et al. discloses a flexible boot seal (35/36 and/or 48) disposed between the guide pin and the caliper (fig 1), wherein the flexible boot seal defines a first chamber communicating with the first end of the bore and the relief passage (figs 1 and 3 and [0038] wherein the boot covers the fit-in gap between the slide pin 31, 32 and the fit-in hole 23, 24 is attached between the arm 29, 30 and the sleeve 21, 22 ).
Regarding claim 23, Isono et al. discloses wherein the cap (61, fig 4-9) defines a second chamber (46a) at the second end of the bore, wherein the relief passage communicates with the second chamber (figs 4-9).
Regarding claim 31, Isono et al. discloses wherein the mounting feature (29/30) comprises a threaded hole, and wherein the first ends of the fastener is threadably engaged with the threaded hole ([0046], screw fitted).
Allowable Subject Matter
Claims 4, 8-9, 13, 14, 18, 21, and 24-25, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 26 and 28-30 are allowed.
The following is an examiner’s statement of reasons for allowance: As to claim 26, the prior art of record, taken alone or in combination, fails to disclose or render obvious an outer bearing surface comprising longitudinally spaced first and second ends; an interior through hole extending between and open at the first and second ends of the guide pin; and a relief passage in fluid communication with the first end of the outer bearing surface and the second end of the guide pin, wherein the relief passage comprises a flat, wherein the guide pin has a major segment cross section taken orthogonal to a longitudinal axis of the guide pin.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, with respect to the rejection of claim(s) 1 and 15 under Isono et al. 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 Kawamoto et al. (US-4027750). As set forth above and in response to the amended claims, Kawamoto et al. has been used to teach wherein providing an alternative known fluid communication arrangement with predictable hydraulic and venting functionality of a relief passage only requires routine skill in the art and at least eases machining/forming/manufacturing (Kawamoto et al., col. 5, lines 4-5).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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/J.K.H/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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