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 .
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 4, 8, and 13-15 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.
Claim 4 recites “wherein a flange at one end of each heat shield component is raised relative to a flange at an opposite end.” Claim 1 recites that the flanges extend from both sides and both ends but does not define which direction the sides or ends are of the heat shield component. As such, while this distinction does not alter the scope of claim 1, the further limitation of claim 4 is rendered indefinite by this lack of definition.
Claim 8 recites “the end flanges of one heat shield component abut or overlap the end flanges of adjacent heat shield components and wherein the end flanges of one heat shield component can overlap or further overlap with the end flanges of adjacent heat shield components as the dimensions of the rotor disk change due to wear.” Claim 8 recites two features: (a) that the flange of one component overlap with the flange of adjacent components and (b) that the flange of one component “can overlap or further overlap” with the flange of adjacent components “as the dimensions of the rotor disk change due to wear.” It is unclear how the second feature (b) is distinct or alters the first feature (a). Wouldn’t any overlap of feature (a) also satisfy feature (b)? In addition, claim 8 is directed at a single brake disk whereas the body of the claim recites features of an entire brake stack. It is unclear if a single brake disk with a heat shield or if a plurality of adjacent overlapping heat shields on multiple brake disks are required to satisfy the features of claim 8. In addition, there is insufficient antecedent basis for the “end flanges.” Are these merely the flanges recited in claim 1 or distinct flanges?
Claim 13 recites “the end flanges of one heat shield component abut or overlap the end flanges of adjacent heat shield components and wherein the end flanges of one heat shield component can overlap or further overlap with the end flanges of adjacent heat shield components as the dimensions of the rotor disk change due to wear.” Claim 13 is indefinite for the same reasons as claim 8. Claim 13 also recites (with emphasis added) “the side flanges of the heat shield components on one rotor disk abut or overlap the side flanges of adjacent heat shield components on axially adjacent rotor disks, and wherein the side flanges of one heat shield component can overlap or further overlap with the side flanges of heat shield components on axially adjacent rotor disks as the dimensions of the rotor disks and/or the intermediate stator disks change due to wear.” For the same reasons as the feature related to the end flanges, this feature is unclear how the second feature alters or is distinct from the first feature. In addition, there is insufficient antecedent basis for the “end flanges” and the “side flanges.” It is unclear what the distinction is between these flanges since these flanges are not recited in claim 1, from which claim 13 depends.
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.
Claim(s) 1, 4, 5, 8, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stras et al. (US 2020/0400204; hereinafter “Stras”).
Claim 1
Stras discloses (in either of FIGS. 3 or 7) a heat shield assembly comprising a plurality of heat shield components (34a, 34b) each comprising a substantially C-shaped structure (see FIG. 3 or 7, illustrating a C shape with additional flanges off the ends of the C) of heat shield material defining a substantially rectangular body having a top and two opposing elongate side walls (see annotated FIG. 3 below; same components corresponds to akin elements in FIG. 7) extending from respective opposite sides of the top to a bottom edge, the top and the side walls defining a substantially rectangular inner cavity (space holding 30) to receive, in use, a rotor lug on the periphery of a rotor disk of a brake stack, each heat shield component further comprising flanges (see annotated FIG. 3) extending outwards from the bottom of the side walls at both sides and both ends of the heat shield component (see FIGS. 3 and 8, the flanges 36a, 38a, 36b, 38b extending away at both sides and along the entire length such that the flanges are at both ends), and wherein the flanges are configured to allow overlap with a flange of an adjacent heat shield component, in use (see FIG. 3 or 7).
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Claim 4
Stras discloses wherein a flange at one end of each heat shield component is raised relative to a flange at an opposite end (see FIG. 3 illustrating a flange on one heat shield component overlapping a flange on the other heat shield component where the one flange 38a is raised relative to the other flange 36a).
Claim 5
Stras discloses wherein a flange (38a) at one long side of each heat shield component is raised relative to a flange (36a) at an opposite long side (see FIG. 3, the long sides are interpret as the sides that side in a circumferential direction which is into the page in FIG. 3).
Claim 8
As best understood, Stras discloses a rotor disk (20a, 20b, 20c, and/or 20d) of a brake stack (20a-20d) having a plurality of elongate lugs (lugs of each of 20a-20d, having sides at 40 and 42) formed around its outer periphery and having the heat shield assembly as claimed in claim 1 (see rejection of claim 1) provided on the rotor disk, wherein one of the plurality of heat shield components is fitted over each lug such that the end flanges of one heat shield component abut or overlap the end flanges of adjacent heat shield components (see FIG. 3 and the overlapping flanges 38a and 36a) and wherein the end flanges of one heat shield component can overlap or further overlap with the end flanges of adjacent heat shield components as the dimensions of the rotor disk change due to wear (see FIG. 3 where a change in the thickness of the disks would allow for a further overlap of the flanges).
Claim 13
As best understood, Stras discloses (see FIG. 7) a brake stack (20a-20d) having a plurality of rotor disks (20a, 20b) and a plurality of stator disks (24) in alternating arrangement along an axis, each rotor disk having a plurality of elongate lugs (30) formed around its outer periphery and having the heat shield assembly as claimed in claim 1 (see rejection of claim 1) provided on the rotor disk, wherein one of the plurality of heat shield components is fitted over each lug such that the end flanges (38a) of one heat shield component (left component in FIG. 7) abut or overlap the end flanges (36a) of adjacent heat shield components (right component in FIG. 7) and wherein the end flanges of one heat shield component can overlap or further overlap with the end flanges of adjacent heat shield components as the dimensions of the rotor disk change due to wear (see FIG. 7 where a change in the thickness of the disks would allow for a further overlap of the flanges), and such that the side flanges (38b) of the heat shield components (left component in FIG. 7) on one rotor disk abut or overlap the side flanges (36b) of adjacent heat shield components (right component in FIG. 7) on axially adjacent rotor disks, and wherein the side flanges of one heat shield component can overlap or further overlap with the side flanges of heat shield components on axially adjacent rotor disks as the dimensions of the rotor disks and/or the intermediate stator disks change due to wear (see FIG. 7 where a change in the thickness of the disks would allow for a further overlap of the flanges).
Claim 14
Stras discloses a wheel assembly (see FIG. 1) comprising a wheel rim (8) having a radially inner surface and a radially outer surface, and the brake stack as claimed in claim 13 (see rejection of claim 13) located within and radially spaced from the inner surface.
Claim 15
Stras discloses a plurality of torque bars (22) arranged around the radially inner surface of the heat shield (see FIG. 1).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stras in view of Eckert et al. (US 7,303,055; hereinafter “Eckert”).
Claim 2
Stras does not disclose wherein each heat shield component is formed of two substantially C-shaped segments that combine to form the substantially rectangular body, since the body is all one piece. However, Eckert discloses a heat shield that forms a substantially rectangular body where the heat shield is formed by two C-shaped segments (35) (see FIG. 3, illustrating two parts on each lug). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Stras to have formed the heat shield for each lug using two halves rather than one piece in order to improve the flexibility of installation on slightly different dimensioned lugs and/or to lower tolerance requirements.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stras FIG. 3 in view of FIG. 8.
Claim 6
Stras FIG. 3 does not necessarily disclose wherein the ends of the substantially rectangular body are open. However, FIG. 8 discloses wherein the ends of the substantially rectangular body are open (see FIG. 8 illustrating the end without any structure closing that end). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified FIG. 3 to have an open end as in FIG. 8 in order to provide lower tolerances in the length direction or to provide better access for lubrication or heat exchange with the lugs.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stras in view of Guichard (US 4,890,700).
Claim 7
Stras does not disclose one or more holes in the side walls to receive one or more fasteners. However, Guichard discloses a heat shield for a brake rotor that includes a rectangular body formed by a C-shaped structure (see FIGS. 1 and 4), including holes (12) in the side walls (see FIGS. 2 and 3) to receive fasteners such as rivets (see last paragraph of description). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Stras to include holes for fasteners in order to secure the heat shields on the lugs.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stras in view of Labougle (US 5,560,452).
Claim 9
Stras does not disclose a clip provided over at least the ends of each rotor lug. However, Labougle discloses a clip (30) provided over at least the ends of each rotor lug (see FIGS. 1-3, best illustrated in FIG. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Stras to include a clip under the ends of the heat shields as taught by Labougle in order to optimize the transmission of braking torque despite required tolerances with, for example, rivets that can be absorbed by the initial running in of the brake.
Claim 10
Stras as modified by Labougle according to claim 9 discloses wherein the heat shield components are positioned over the clips (see FIG. 3 of Labougle illustrating how the heats shields are installed over the clip).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stras FIG. 3 in view of Labougle and Stras FIG. 8.
Claim 11
Stras FIG. 3 does not necessarily disclose wherein the ends of the heat shield components are open. However, FIG. 8 discloses wherein the ends of the substantially rectangular body are open (see FIG. 8 illustrating the end without any structure closing that end). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified FIG. 3 to have an open end as in FIG. 8 in order to provide lower tolerances in the length direction or to provide better access for lubrication or heat exchange with the lugs.
Stras as modified above and also by Labougle according to claim 9 discloses wherein the ends of the heat shield components are open and the clips extend through the open ends (see FIG. 3 in conjunction with FIG. 8 of Stras; see also FIG. 2 of Labougle illustrating how the heats shields with the open ends are installed over the clips).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stras in view of Labougle, and further in view of Guichard.
Claim 12
Stras as modified by Labougle to be placed over clips does not disclose wherein the clips and the heat shield components are secured to the lug by fasteners. However, Guichard discloses a heat shield for a brake rotor that includes a rectangular body formed by a C-shaped structure (see FIGS. 1 and 4), including holes (12) in the side walls (see FIGS. 2 and 3) to receive fasteners such as rivets (see last paragraph of description). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Stras to include holes for fasteners in order to secure the heat shields on the lugs after the heat shields are over the clips.
Allowable Subject Matter
Claim 3 is 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.
With reference to the entirety of claim 3, the prior art does not disclose a heat shield comprising the combination of features including the multiple heat shields that each are comprised of two C-shaped segments that overlap to defined a rectangular body that has flanges that extends from both sides and from both ends and the flanges overlap with the flange of an adjacent heat shield component.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7,802,758 discloses a heat shield with an end cap insert. US 5,310,025 discloses a shield over the lugs of a brake disk. US 4,784,246 FIG. 23 discloses a heat shield (140) with a C-shaped body with flanges and cap (130) engaging those flanges. US 4,084,857 discloses a heat shield with flanges.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655