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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-20 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 “a disc rotating together with a wheel and a pair of brake pads disposed on both sides of the disc” is unclear. It is unclear if the claim is requiring a pair of brake pads on each side of the disc (a total of four pads), or if the claim is requiring a pair of brake pads with one pad on each side. Based on the disclosure, it appears that Applicant shows support for a pair of brake pads with one pad of the pair on each side of the disc.
Regarding claim 15, the limitation “a disc rotating together with a wheel and a pair of brake pads disposed on both sides of the disc” is unclear. It is unclear if the claim is requiring a pair of brake pads on each side of the disc (a total of four pads), or if the claim is requiring a pair of brake pads with one pad on each side. Based on the disclosure, it appears that Applicant shows support for a pair of brake pads with one pad of the pair on each side of the disc.
Regarding claim 18, the limitation “a disc rotating together with a wheel and a pair of brake pads disposed on both sides of the disc” is unclear. It is unclear if the claim is requiring a pair of brake pads on each side of the disc (a total of four pads), or if the claim is requiring a pair of brake pads with one pad on each side. Based on the disclosure, it appears that Applicant shows support for a pair of brake pads with one pad of the pair on each side of the disc.
Regarding claim 3, the limitation wherein “a first fastening member configured to…separate the logo body and the first filter cover from each other” is unclear. It is not clear how a fastener can separate two bodies when its function is to mount them together. While Applicant shows support for the cover and the body to be mounted to each other and separated from each other by a magnetic force, claim 3 does not require a magnetic force. Without the requirement of the magnetic force, it appears that the separation cannot be achieved if the bodies are mounted or fastened together. The limitation “separate” refers to the relationship between the cover and body and not a force. It has been interpreted that two bodies cannot joined and separated at the same time.
Regarding claim 10, the limitation wherein “a first fastening member configured to…separate the logo body and the first filter cover from each other” is unclear. It is not clear how a fastener can separate two bodies when its function is to mount them together. While Applicant shows support for the cover and the body to be mounted to each other and separated from each other by a magnetic force, claim 10 does not require a magnetic force. Without the requirement of the magnetic force, it appears that the separation cannot be achieved if the bodies are mounted or fastened together. The limitation “separate” refers to the relationship between the cover and body and not a force. It has been interpreted that two bodies cannot joined and separated at the same time.
Regarding claim 6, the limitation in line 1 “the guide wing” is unclear. It is unclear because “the guide wing” implies a singular guide wing. Claim 6 then requires wherein the singular guide wing includes at least three guide wings. Since claim 4, from which claim 6 depends, has defined the limitation as “as least one guide wing”, claim 6 would provide clarity if the language was consistent. Claim 6 should recite “the at least guide wing”.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-6, 8-13, 15, and 18-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Gelb (US-8191691).
Regarding claim 1, Gelb discloses a caliper brake (128/114) including a disc (112) rotating together with a wheel and a pair of brake pads (116) disposed on both sides of the disc (disc brake assembly 110, at least figs 9-17), the caliper brake comprising: a caliper housing (114 and/or 128) with the brake pads (116) disposed on an inner side thereof and enclosing at least a part of the disc (figs 9-17); a logo body (fig 9, 128 or at least a portion of 120/122) disposed to cover at least a part of an outer surface of the caliper housing (114); and a dust collector (at least one or all of 42/140/120/158/160/118) configured to collect dust generated by contact between the disc and the brake pads and detachably connected to the logo body (fig 12, at least shown in a detached orientation), wherein the dust collector includes a first filter module (figs 11A and 13A, wherein the first module has been interpreted as the upper portion of fig 13A) disposed on a first side of the caliper housing (fig 11A, disposed right of 114) and a second filter module (figs 11A and 13A, wherein the second module has been interpreted as the lower portion of fig 13A) disposed on a second side of the caliper housing (fig 11A left of 114).
Regarding claim 2, Gelb discloses wherein the first filter module includes: a first filter (158/160) configured to filter out the dust (at least fig 13A); and a first filter cover (fig 13A at least 120/122) having a first mounting space (124) in which the first filter is accommodated and supported on an inner circumferential surface (at least fig 13A) of the first filter cover and detachably connected to the logo body ( figs 9-17, at least wherein 120 is detachable from 110/128).
Regarding claim 3, Gelb discloses wherein the first filter module further includes a first fastening member (figs 11 and 11A, unnumbered fastening members at or near 128/120) configured to fasten the logo body and the first filter cover to each other (col. 6, lines 58-60, wherein 120 can be attached to the disc brake assembly 110 such that the shroud 120 floats with the caliper 114) or separate the logo body and the first filter cover from each other.
Regarding claim 4, Gelb discloses wherein: the first filter module is disposed on a leading portion side of the caliper housing (fig 11A at least to the right of 114), the first filter has a first through-hole recessed and formed on an inner circumferential surface of the first filter to enable the disc to pass through (see annotated fig 13A below), and the first filter module further includes at least one guide wing (at least 150/154 and annotated fig 13A below) disposed at one end portion of the first through-hole and guiding an airflow containing the dust toward the first filter (see annotated fig 13A below).
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Regarding claim 5, Gelb discloses wherein the guide wing (150) is configured to be angle-adjustable for the first filter (at least wherein the angle of 150 is configured to change when functioning as a pressure release (col. 7, lines 18-27).
Regarding claim 6, Gelb discloses wherein the guide wing includes: a first guide wing (see annotated figure 13A above) facing an outer circumferential surface of the disc, and a pair of second guide wings (at least 154 and/or the guide wings in the annotated fig 13A) facing one surface and another surface of the disc, respectively.
Regarding claim 8, Gelb discloses wherein: the first filter cover includes at least one first discharge hole (at least one or both of 138 and 144) through which heat generated by contact between the disc and the brake pads or an airflow with the dust filtered out through the first filter is discharged to an outer side (figs 9-17), and a central axis of the at least one first discharge hole is disposed in a vertical direction (at least holes 138 and 144 have both been interpreted to be disposed in a vertical direction of the hole since no frame of reference has been established).
Regarding claim 9, Gelb discloses wherein the second filter module includes: a second filter (158/160) configured to filter out the dust (at least fig 13A); and a second filter cover (fig 13A at least 120/122) having a second mounting space (124) in which the second filter is accommodated and supported on an inner circumferential surface (at least fig 13A) of the second filter cover and detachably connected to the logo body ( figs 9-17, at least wherein 120 is detachable from 110/128).
Regarding claim 10, Gelb discloses wherein the second filter module further includes a second fastening member (figs 11 and 11A, unnumbered fastening members at or near 128/120) configured to fasten the logo body and the second filter cover to each other (col. 6, lines 58-60, wherein 120 can be attached to the disc brake assembly 110 such that the shroud 120 floats with the caliper 114) or separate the logo body and the second filter cover from each other.
Regarding claim 11, Gelb discloses wherein: the second filter module is disposed on a trailing portion side of the caliper housing (fig 11A at least to the left of 114), and the second filter has a second through-hole recessed and formed on an inner circumferential surface of the second filter to enable the disc to pass through (fig 13A the lower portion at or near 112, and indicated as in the annotated figure above but in a mirror image thereof).
Regarding claim 12, Gelb discloses wherein: the second filter cover includes at least one second discharge hole (at least one or both of 138 and 144) through which heat generated by contact between the disc and the brake pads or an airflow with the dust filtered out through the second filter is discharged to an outer side (figs 9-17), and a central axis of the at least one second discharge hole is disposed in a vertical direction (at least holes 138 and 144 have both been interpreted to be disposed in a vertical direction of the hole since no frame of reference has been established).
Regarding claim 13, Gelb discloses wherein the logo body (128 or 122) includes: an exterior portion covering at least a part of a front surface of the caliper housing (fig 10-11 at least wherein 128 covers 114 or wherein 122 covers a portion of 114 indicated by dashed lines) and to which a logo or an emblem is applicable (it has been interpreted that a logo is applicable anywhere on any surface); and a cover portion bent and extending from the exterior portion to cover at least a part of an upper surface of the caliper housing (fig 9 at least a portion of 128 covering 114 in its entirety or figs 11a and 13a wherein a portion of 120/122 is bent over a top portion of 114 at 126).
Regarding claim 15, Gelb discloses a caliper brake (128/114) including a disc (112) rotating together with a wheel and a pair of brake pads (116) disposed on both sides of the disc (disc brake assembly 110, at least figs 9-17), the caliper brake comprising: a caliper housing (114 and/or 128) with the brake pads (116) disposed on an inner side thereof and enclosing at least a part of the disc (figs 9-17); a base bracket (fig 10, at least a portion of 114) fastened to and supported by at least one of a vehicle body (fig 10, 134), a carrier fixedly installed on the vehicle body, or the caliper housing; a dust collector (at least one or all of 42/140/120/158/160/118) having a first filter module (figs 11A and 13A, wherein the first module has been interpreted as the upper portion of fig 13A) disposed on a first side of the caliper housing and a second filter module (figs 11A and 13A, wherein the first module has been interpreted as the lower portion of fig 13A) disposed on a second side of the caliper housing to collect dust generated by contact between the disc and the brake pads; and a logo body (128 or 122) disposed to cover at least a part of an outer surface of the caliper housing (114),wherein the dust collector and the logo body are detachably connected to each other and supported by the base bracket (figs 9-12).
Regarding claim 18, Gelb discloses a caliper brake (128/114) including a disc (112) rotating together with a wheel and a pair of brake pads (116) disposed on both sides of the disc (disc brake assembly 110, at least figs 9-17), the caliper brake comprising: a caliper housing (114 and/or 128) with the brake pads (116) disposed on an inner side thereof and enclosing at least a part of the disc (figs 9-17);a base bracket (fig 10, at least a portion of 114) fastened to and supported by at least one of a vehicle body (fig 10, 134), a carrier fixedly installed on the vehicle body, or the caliper housing; and a dust collector (at least one or all of 42/140/120/158/160/118) having a first filter module (figs 11A and 13A, wherein the first module has been interpreted as the upper portion of fig 13A) disposed on a first side of the caliper housing and a second filter module (figs 11A and 13A, wherein the first module has been interpreted as the lower portion of fig 13A) disposed on a second side of the caliper housing to collect dust generated by contact between the disc and the brake pads, wherein the dust collector is detachably connected to the base bracket (figs 9-12).
Regarding claim 19, Gelb discloses a logo body (128 or 122) disposed to cover at least a part of an outer surface of the caliper housing (fig 11), wherein the first filter module includes: a first filter (158/160/118) for filtering out the dust; and a first filter cover (at least 120/122) having a first mounting space (124) in which the first filter is accommodated and supported on an inner circumferential surface of the first filter cover (at least figs 11-13A) and detachably connected to the logo body (at least wherein 120 and 128 are detachable components), and the second filter module includes: a second filter (fig 13a lower portion 158/160/118) for filtering out the dust; and a second filter cover (120/122) having a second mounting space (124) in which the second filter is accommodated and supported on an inner circumferential surface of the second filter cover and detachably connected to the logo body (figs 9-12).
Regarding claim 20, Gelb discloses wherein the logo body (120/122) is integrally formed with the first filter cover and the second filter cover (figs 9-17).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gelb (US-8191691) in view of Hummel et al. (US-20140054119).
Regarding claim 14, Gelb discloses as set forth above but is silent to the material of the filters. Hummel et al. teaches wherein a brake dust filter (2) is made from metal ([0037]) and exhibits corrosion and heat resistance.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the corrosion and heat-resistant filter material of Hummel et al. at least in order to provide a long lasting and performative material with properties necessary for a particular operational environment.
Allowable Subject Matter
Claims 7, 16 and 17 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. The following is a statement of reasons for the indication of allowable subject matter: As to claim 7, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the first guide wing is configured to be angle-adjustable in a direction parallel to an axial direction of the disc as an axis, and the second guide wings are configured to be angle-adjustable in a direction corresponding to a radial direction of the disc as an axis.
As to claim 16, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein a rear side of the first filter module is detachably connected to the base bracket,a front side of the first filter module is detachably fastened to the logo body, a rear side of the second filter module is detachably connected to the base bracket, and a front side of the second filter module is detachably fastened to the logo body.
Conclusion
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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/JAMES K HSIAO/ Examiner, Art Unit 3616