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.
Information Disclosure Statement
The information disclosure statement filed 5/08/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered. There is no statement of relevance for the German Office Action.
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.
Claims 1-11 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 7-156172 in view of Clercq et al (US# 2002/0182961).
JP ‘172 disclose a shim for a brake pad comprising: a plurality of first wires made of a plastic material (polyamide fiber) or a rubber material and formed in a single sheet shape. [0014] JP ‘172 lacks a plurality of second wires made of a metal material. Clercq et al disclose a reinforced fabric made of polyamide fibers woven with metal wires [0077] to provide a high strength fabric. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include metal wires such as taught by Clercq et al in the fabric of JP ‘172 to improve the strength and durability of the shim.
Regarding claim 2, as modified, the single sheet shape is formed by the plurality of first wires being disposed in a first direction as a longitudinal direction and the plurality of second wires being disposed in a second direction crossing the first direction as a longitudinal direction. Note the figure of JP ’17 and figures 1a-1b of Clercq et al.
Regarding claim 3, as modified, the single sheet shape is formed by the plurality of first wires being spaced apart from each other at predetermined intervals and the plurality of second wires being spaced apart from each other at predetermined intervals. Note the figure of JP ’17 and figures 1a-1b of Clercq et al.
Regarding claim 4, single sheet shape is formed with a plurality of curves. Note the wires curve as they weave around one another. Note the figure of JP ’17 and figures 1a-1b of Clercq et al.
Regarding claim 5, JP ‘172 discloses the fabric having a thickness .03-5mm or .1-2mm [0008] suggesting of a diameter of each of the plurality of second wires a range of 0.3 mm or more and 0.5 mm or less. The diameters of the fibers appear to be approximately half the thickness of the fabric.
Regarding claim 6, a thickness of the shim for a brake pad is included in a range of 0.6 mm or more and 1.2 mm or less. JP ‘172 [0014] discloses a thickness of .84mm
Regarding claim 7, JP ‘172 discloses a brake pad [0001] comprising: a friction member in contact with a friction surface of a brake disk [0001]; a back plate having front and rear surfaces and supporting the friction member [0001]; and a shim disposed on the rear surface of the back plate [0001], wherein the shim includes a plurality of first wires made of a plastic material (polyamide fiber) or a rubber material. JP ‘172 lacks a plurality of second wires made of a metal material. Clercq et al disclose a reinforced fabric made of polyamide fibers woven with metal wires [0077] to provide a high strength fabric. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include metal wires such as taught by Clercq et al in the fabric of JP ‘172 to improve the strength and durability of the shim.
Regarding claim 8, as modified, the plurality of first wires are disposed in a first direction as a longitudinal direction and the plurality of second wires are disposed in a second direction crossing the first direction as a longitudinal direction. Note the figure of JP ’17 and figures 1a-1b of Clercq et al.
Regarding claim 9, as modified, the plurality of first wires are spaced apart from each other at predetermined intervals and the plurality of second wires are spaced apart from each other at predetermined intervals. Note the figure of JP ’17 and figures 1a-1b of Clercq et al.
Regarding claim 10, JP ‘172 discloses the fabric having a thickness .03-5mm or .1-2mm [0008] suggesting of a diameter of each of the plurality of second wires a range of 0.3 mm or more and 0.5 mm or less. The diameters of the fibers appear to be approximately half the thickness of the fabric.
Regarding claim 11, a thickness of the shim for a brake pad is included in a range of 0.6 mm or more and 1.2 mm or less. JP ‘172 [0014] discloses a thickness of .84mm
Regarding claim 15, JP ‘172 discloses a shim for a brake pad [0001] comprising: a plurality of first wires made of a plastic material (polyamide fiber) or a rubber material. JP ‘172 further disclose a plurality of second wires, wherein one layer (fabric) is formed by the plurality of first wires being spaced apart from each other at predetermined intervals in a first direction as a longitudinal direction and the plurality of second wires being spaced apart from each other at predetermined intervals in a second direction crossing the first direction as a longitudinal direction, and one surface of the layer (fabric) attached to a back plate of a brake pad is formed with a plurality of curves. See the figure. JP ‘172 lack the disclosure of the second wires being made of a metal material. Clercq et al disclose a reinforced fabric made of polyamide fibers woven with metal wires [0077] to provide a high strength fabric. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include metal wires such as taught by Clercq et al in the fabric of JP ‘172 to improve the strength and durability of the shim.
Regarding claim 16, JP ‘172 discloses the fabric having a thickness .03-5mm or .1-2mm [0008] suggesting of a diameter of each of the plurality of second wires a range of 0.3 mm or more and 0.5 mm or less. The diameters of the fibers appear to be approximately half the thickness of the fabric.
Regarding claim 17, a thickness of the shim for a brake pad is included in a range of 0.6 mm or more and 1.2 mm or less. JP ‘172 [0014] discloses a thickness of .84mm
Claims 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 7-156172 and Clercq et al (US# 2002/0182961), as applied to claim 7 above, in further view of Kulis, Jr et al (US# 5413194).
Regarding claim 12, JP 7-156172 and Clercq et al, as applied above disclose all the limitations of the instant claim with exception to the shim being attached to the rear surface of the back plate through an adhesive. JP ‘172 discloses forming the shim with an adhesive (phenolic resin), but do not provide details on the attachment to the backing plate. Kulis Jr et al disclose a brake pad and further teach adhering shim material to a backing plate by molding it integrally with the friction material. Figures 6-8. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrally mold the shim of JP ‘172 and Clercq et al to the backing plate, as taught by Kulis Jr as an efficient means of forming a durable brake pad.
Regarding claim 13, as modified, one surface of the shim that comes into contact with the rear surface of the back plate is formed with a plurality of curvatures.
Regarding claim 14, as modified, the adhesive is filled cavities between the plurality of first wires and the plurality of second wires, and the rear surface of the back plate.
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 7-156172 and Clercq et al (US# 2002/0182961), as applied to claim 7 above, in further view of Lindsly et al (US# 2018/0259017).
Regarding claim 12, JP 7-156172 and Clercq et al, as applied above disclose all the limitations of the instant claim with exception to the shim being attached to the rear surface of the back plate through an adhesive. Lindsly et al disclose a brake pad and further teach bonding the shim with adhesive [0017]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use adhesive to bond the shim of modified JP’172, as taught by Lindsly et al, as an obvious and inexpensive means of retaining the shim in the proper position.
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 BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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