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’s arguments, see Applicant Arguments, filed 20th May 2026, with respect to the rejections of claims 1 and 8 under 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 Therefore, the rejection has been withdrawn.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, necessitated by amendment, is made below.
Claim Rejections - 35 USC § 103
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.
Claims 1-4, 8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer (DE 102014006152 A1) in view of Folch (US 4553644 A).
Regarding Claim 1, Mayer discloses a disc brake comprising: a brake pad (A) (see Annotated Fig. 1 below) disposed on the side of a brake disc (4); a back plate (B) configured to support outer sides of the brake pad (A), with the brake disc (4) interposed therebetween; a hydraulic space (5) formed inside the back plate (B) to accommodate a working fluid; and a tube (6) through which the working fluid is transferred to the hydraulic space (5) so that the back plate (B) moves toward the brake disc (4) by hydraulic pressure (see Fig. 1, Annotated Fig. 1 below).
Mayer does not explicitly disclose there being an inner and outer brake pad disposed on both sides of the brake disc with respective backing plates, and wherein the tube is made of a material that elastically extends and contracts so that the inner back plate is movable toward the brake disc when the working fluid is introduced, and is restored to a contracted state when inflow of the working fluid is stopped.
Folch teaches an inner brake pad (4) and an outer brake pad (4) disposed on both sides of a brake disc (2); an inner back plate and an outer back plate (see Fig. 1) configured to support outer sides of the inner brake pad (4) and the outer brake pad (4), respectively, with the brake disc (2) interposed therebetween (see Fig. 1) and wherein a tube (30) is made of a material that elastically extends and contracts so that the inner back plate is movable toward the brake disc (2) when the working fluid is introduced, and is restored to a contracted state when inflow of the working fluid is stopped (see Fig. 2).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Folch with the disc brake of Mayer in order provide a simple structure pad return method that does not excessively retract (see US 4553644 A [Folch]; Fig. 2, 3: 59-67).
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Annotated Fig. 1
Regarding Claim 2, Mayer modified by Folch teaches wherein the inner back plate comprises a connecting hole connected to the hydraulic space (5), in which an end of the tube (6) is fixed, and through which the working fluid passes (see DE 102014006152 A1 [Mayer]; Fig. 1).
Regarding Claim 3, Mayer modified by Folch teaches wherein the connecting hole is formed in a rear central portion of the inner back plate (see DE 102014006152 A1 [Mayer]; Fig. 1).
Regarding Claim 4, Mayer modified by Folch teaches wherein the hydraulic space (5) is formed over a substantially entire surface of the inner back plate so that the entire surface of the inner brake pad is uniformly pressed when the working fluid is introduced through the tube (6) (see DE 102014006152 A1 [Mayer]; Fig. 1).
Regarding Claim 8, Mayer discloses a disc brake comprising: a brake pad (A) (see Annotated Fig. 1 above) disposed on the side of a brake disc (4); a back plate (B) configured to support outer sides of the brake pad (A), with the brake disc (4) interposed therebetween; a hydraulic space (5) formed inside the back plate (B) to accommodate a working fluid; and a tube (6) through which the working fluid is transferred to the hydraulic space (5) so that the back plate (B) moves toward the brake disc (4) by hydraulic pressure (see Fig. 1, Annotated Fig. 1 above).
Mayer does not explicitly disclose there being an inner and outer brake pad disposed on both sides of the brake disc with respective backing plates, and wherein the inner back plate includes: a first plate supporting a rear surface of the inner brake pad; and a second plate fixed to a rear surface of the first plate and connected to the tube to form hydraulic pressure by the working fluid, wherein the tube is made of a material that elastically extends and contracts so that the second plate is movable toward the brake disc when the working fluid is introduced, and is restored to a contracted state when inflow of the working fluid is stopped.
Folch teaches an inner brake pad (4) and an outer brake pad (4) disposed on both sides of a brake disc (2); an inner back plate and an outer back plate (see Fig. 1) configured to support outer sides of the inner brake pad (4) and the outer brake pad (4), respectively, with the brake disc (2) interposed therebetween (see Fig. 1) and wherein the inner back plate includes: a first plate (X) (see Annotated Fig. 2 below) supporting a rear surface of the inner brake pad; and a second plate (33) fixed to a rear surface of the first plate (X) and connected to the tube (30) to form hydraulic pressure by the working fluid, wherein a tube (30) is made of a material that elastically extends and contracts so that the inner back plate is movable toward the brake disc (2) when the working fluid is introduced, and is restored to a contracted state when inflow of the working fluid is stopped (see Fig. 2, Annotated Fig. 2 below).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Folch with the disc brake of Mayer in order provide a simple structure pad return method that does not excessively retract and provide adequate support for both the tube and the brake pad (see US 4553644 A [Folch]; Fig. 2, 3: 41-48, 3: 59-67).
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Annotated Fig. 2
Regarding Claim 10, Mayer modified by Folch teaches wherein the second plate (33) (see US 4553644 A [Folch]; Fig. 2) comprises a connecting hole connected to the hydraulic space (5) (see DE 102014006152 A1 [Mayer]; Fig. 1), in which the end of the tube is fixed, and through which the working fluid passes (see DE 102014006152 A1 [Mayer]; Fig. 1).
Regarding Claim 11, Mayer modified by Folch teaches wherein the connecting hole is formed in a rear central portion (see DE 102014006152 A1 [Mayer]; Fig. 1) of the second plate (33) (see US 4553644 A [Folch]; Fig. 2).
Regarding Claim 12, Mayer modified by Folch teaches wherein the hydraulic space (5) is formed over a substantially entire surface (see DE 102014006152 A1 [Mayer]; Fig. 1) of the second plate (33) (see US 4553644 A [Folch]; Fig. 2) so that the entire surface of the inner brake pad (4) (see US 4553644 A [Folch]; Fig. 2) is uniformly pressed when the working fluid is introduced through the tube (see DE102014006152 A1 [Mayer]; Fig. 1).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer (DE 102014006152 A1) modified by Folch (US 4553644 A) in Claim 2, above, further in view of Mayer (DE 102015001541 A1), hence forth referred to as Mayer (2015).
Regarding Claim 5, Mayer modified by Folch teaches the disc brake of Claim 2.
Mayer modified by Folch does not explicitly teach the tube and connecting hole are provided as a plurality of tubes.
Mayer (2015) teaches the tube and the connecting hole are provided as a plurality of tubes (6, 8) and a plurality of connecting holes, and the working fluid may be introduced into the hydraulic space (5) through the plurality of tubes (6, 8) and connecting holes (see Fig. 1).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Mayer (2015) with the disc brake of Mayer modified by Folch in order to provide the system the ability to remove fluid for cooling or air bleeding while still supplying fluid to the system (see DE 102015001541 A1 [Mayer]; [0007]).
Regarding Claim 6, Mayer modified by Folch and Mayer (2015) teaches the connecting holes are formed to be spaced apart from each other at equal intervals in a horizontal direction on both sides from the center of the inner back plate (see DE 102015001541 A1 [Mayer]; Fig. 1).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Mayer (DE 102014006152 A1) modified by Folch (US 4553644 A) in Claim 8, above, further in view of Friedl (DE 102020200132 A1).
Regarding Claim 9, Mayer modified by Folch teaches the disc brake of Claim 8.
Mayer modified by Folch does not explicitly teach wherein the second plate is formed of a material that is more flexible than the first plate.
Friedl teaches wherein a plate (3) with a hydraulic space (9) formed inside is formed of a material that flexible (see Fig. 1, [0033]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the backing plate of Friedl with the disc brake and specifically the inner backing plate, containing the hydraulic space, of Mayer modified by Folch in order to better engage the brake pad with the disc brake without a piston system (see DE 102020200132 A1 [Friedl]; [0004], [0016], [0033]).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer (DE 102014006152 A1) modified by Folch (US 4553644 A) in Claim 8, above, further in view of Mayer (DE 102015001541 A1), hence forth referred to as Mayer (2015).
Regarding Claim 13, Mayer modified by Folch teaches the disc brake of Claim 8.
Mayer modified by Folch does not explicitly teach the tube and connecting hole are provided as a plurality of tubes.
Mayer (2015) teaches the tube and the connecting hole are provided as a plurality of tubes (6, 8) and a plurality of connecting holes, and the working fluid flows into the hydraulic space (5) through the plurality of tubes (6, 8) and connecting holes (see Fig. 1).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Mayer (2015) with the disc brake of Mayer modified by Folch in order to provide the system the ability to remove fluid for cooling or air bleeding while still supplying fluid to the system (see DE 102015001541 A1 [Mayer]; [0007]).
Regarding Claim 14, Mayer modified by Folch and Mayer (2015) teaches wherein the connecting holes are formed to be spaced apart from each other at equal intervals in a horizontal direction on both sides from the center (see DE 102015001541 A1 [Mayer]; Fig. 1) of the second plate (33) (see US 4553644 A [Folch]; Fig. 2).
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.
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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