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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “110” (see FIG. 2) has been used to designate both an axle flange and a component connected to the drum (200). Furthermore, reference character “150) (see FIG. 3) has been used to designate both a damping shim and a component connected to the drum (200).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "110" (see FIG. 2) and "150" (see FIG. 3) have both been used to designate the component connected to the drum (200).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “connecting hole,” the “metal layer,” the “rubber layer,” and the “bonding layer” as recited in claims 2, 4, 5, 6, 8, 10, 11, 12, 14 and 16 must be shown or the features canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-16 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 phrase “a brake drum provided to be mounted on a wheel” is indefinite because it is unclear whether the brake drum is required to be “mounted” on the a wheel, or rather, that the brake drum is only configured “to be” mounted to a wheel.
Regarding claim 2, the phrase “the at least one cylindrical hollow shim is coupled to the at least one connecting hole” is indefinite because the scope of “coupled” is unclear. For example, the drawings specification describes that “[t]he at least one cylindrical hollow shim 152 may be formed to be coupled to the at least one connecting hole (not shown)” (see page 6, lines 5-6) and the drawings only show what appear to be the at least one cylindrical hollow shim being integrally formed with the damping shim. As such, it is unclear whether this phrase encompasses configurations in which the cylindrical hollow shim is integrally formed with the shim plate, or alternatively, requires two separate elements.
Regarding claim 7, the phrase “A noise prevention device of a drum brake, the noise prevention device provided to connect an axle flange and a brake drum” is indefinite because it is unclear whether the claim is only directed toward the noise prevention device that is intended to be used with the subsequently recited elements, or alternatively, that the noise prevention device of a brake drum positively requires all of the subsequently recited elements.
Regarding claim 7, the phrase “the noise prevention device provided to connect an axle flange and a brake drum” is indefinite because it is unclear whether the noise prevention device is required to be “provided” in an assembled state connecting an axle flange to a brake drum, or rather, that the noise prevention device is only configured “to connect” an axle flange to a brake drum.
Regarding claim 7, the phrase “the brake drum is provided to be mounted on a wheel” is indefinite because it is unclear whether the brake drum is required to be “mounted” on the a wheel, or rather, that the brake drum is only configured “to be” mounted to a wheel.
Regarding claim 8, the phrase “the at least one cylindrical hollow shim is coupled to the at least one connecting hole” is indefinite because the scope of “coupled” is unclear. For example, the drawings specification describes that “[t]he at least one cylindrical hollow shim 152 may be formed to be coupled to the at least one connecting hole (not shown)” (see page 6, lines 5-6) and the drawings only show what appear to be the at least one cylindrical hollow shim being integrally formed with the damping shim. As such, it is unclear whether this phrase encompasses configurations in which the cylindrical hollow shim is integrally formed with the shim plate, or alternatively, requires two separate elements.
Claim Rejections - 35 USC § 102
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 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (US 2020/0158222).
Regarding independent claim 1, Xu discloses a drum brake (4) (see also Abstract, “the damping coating is added between wheel hub and brake disk or brake drum”) provided in a vehicle (see ¶ 0002; FIG. 2), comprising: a brake drum (4) (see also Abstract, “the damping coating is added between wheel hub and brake disk or brake drum”) provided to be mounted on a wheel (see ¶ 0002) and including at least one bolt accommodation hole (A) (see annotated FIG. 2, below); and a noise prevention device (3) connected to one end of an axle shaft (B) (see annotated FIG. 2, below) and configured to connect an axle flange (C) (see annotated FIG. 2, below) including at least one bolt hole (D) (see annotated FIG. 2, below) and the brake drum (see FIG. 2).
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Regarding claim 7, Xu discloses a noise prevention device (3) of a drum brake (see FIG. 2), the noise prevention device provided to connect an axle flange (D) (see annotated FIG. 2, above) and a brake drum (4) (see also Abstract, “the damping coating is added between wheel hub and brake disk or brake drum”), wherein the axle flange is connected to one end of an axle shaft (B) (see annotated FIG. 2, above) and includes at least one bolt hole (C) (see annotated FIG. 2, above), and the brake drum is provided to be mounted on a wheel (see ¶ 0002) and includes at least one bolt accommodation hole (A) (see annotated FIG. 2, above).
Claim 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoon (KR 10 2008 0054198) (machine translation attached).
Regarding claim 7, Hoon discloses a noise prevention device (400) (see machine translation, page 4) of a drum brake (note: the noise prevention device can be used with a drum or a disk), the noise prevention device provided to connect an axle flange and a brake drum (see FIG. 5), wherein the axle flange is connected to one end of an axle shaft and includes at least one bolt hole (note: the claim is only directed toward the “noise prevention device” and does not positively require the specific construction of the flange), and the brake drum is provided to be mounted on a wheel and includes at least one bolt accommodation hole (note: the claim is only directed toward the “noise prevention device” and does not positively require the specific construction of the wheel or drum).
Allowable Subject Matter
Claims 2-6 and 8-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Additionally, as the drawing objections relate to the indicated allowable subject matter, the drawing objections must be overcome.
Regarding claims 2 and 8, the prior art of record does not disclose a circular damping shim including at least one connecting hole; and at least one separately formed cylindrical hollow shim configured to enter the at least one bolt accommodation hole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at (571)272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
January 30, 2026