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 .
Status of Claims
This office action is in response to a request for continued examination filed on 08/27/2026. Claims 9-10 are pending; claim 9 has been amended; claims 1-8, 11 are canceled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/27/2026 has been entered.
Drawings
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 “another surface of the brake caliper not comprised by the receiving section” in claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “34”.
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 Objections
Claim 9-10 are objected to because of the following informalities:
Claim 9 recites “wherein the elongateable portion is extended after the tool has been inserted through the gap” in lines 21-22 appear to be duplication limitation from previous lines 19-20.
Claim 10 recites “a rotation angle of a rotational joint” should read -- the rotation angle of the rotational joint—as the limitation is previously recited in claim 9
Appropriate correction is required.
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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emmons (US 5249649A) in view of Stumpf (US 20110127120)
Claim 9: Emmons discloses a method for surface machining of a brake caliper (11; Fig.1),
the brake caliper (11; Fig.1) comprising:
a first portion (15 and 39) that is arrangeable adjacent to a first side face (inner side) of a brake disc (13) of a vehicle disc brake (Fig.1) and that is configured to receive a brake piston (61);
a second portion (25, 29) that is arrangeable adjacent to a second side face (outer face) of the brake disc (13);
a bridge portion (23) connecting the first portion (15,39) and the second portion (25,29) (as shown in Fig.1);
a gap (as shown in Fig.1 and 4 there is a gap between lower edge of inboard 15 and outboard 25) extending opposite the bridge portion and in between lower edges of the first portion (15,39) and second portion (25,29);
Emmons does not disclose the method comprising: inserting at least part of a tool for machining surfaces of the brake caliper through said gap into the brake caliper; and machining at least one surface of the brake caliper with said tool; and after inserting the at least part of the tool, adjusting a rotation angle of a rotational joint of the tool such that a tool head performing the surface machining is arrangeable within a receiving section of the brake caliper, and extending an elongateable portion of the tool such that the tool head is insertable into the receiving section, wherein the elongateable portion is extended after the tool has been inserted through the gap, wherein the elongateable portion is extended after the tool has been inserted through the gap, wherein the tool further comprises a further rotational joint positioned between the rotational joint and the elongateable portion, wherein a rotation axis of the further rotational joint extends orthogonally to a rotation axis of the rotational joint, and wherein the method further comprises rotating the tool about the further rotational joint so as to machine another surface of the brake caliper not comprised by the receiving section.
Stumpf teaches the method comprising:
inserting at least part of a tool (40) for machining surfaces of the brake caliper through said gap (14) into the brake caliper; and
machining at least one surface (22.1, 22.2) of the brake caliper with said tool (14) (see ¶[0011], abstract); and
after inserting the at least part of the tool (40), adjusting a rotation angle of a rotational joint (46) of the tool such that a tool head performing the surface machining is arrangeable within a receiving section of the brake caliper (¶[0068]: a rotation about the longitudinal axis 48 of the limb 46 is carried out, so that the limb 44, according to FIG. 7, is directed at the support surfaces 22.1 and 22.2.. The machining tool 40 runs along the respective surface to be machined so as to machine it.), and
extending an elongateable portion (section of 44) of the tool (40) such that the tool head is insertable into the receiving section (¶0031]. This confirms that l-shape tool inserted through narrow gap, the portion of the end of L must be extended to reach the support surface), wherein the elongateable portion (section of 44) is extended after the tool has been inserted through the gap (14) (¶[0068]: After the machining tool 40 has been inserted upward, in FIG. 5, and into the interior space of the caliper, and has assumed the position shown in FIG. 6, a rotation about the longitudinal axis 48 of the limb 46 is carried out, so that the limb 44, according to FIG. 7, is directed at the support surfaces 22.1 and 22.2),
wherein the elongateable portion (section of 44) is extended after the tool has been inserted through the gap (14) (¶[0068]),
wherein the tool (40) further comprises
a further rotational joint (joint or bend/corner between 46 and portion of 44 as shown in Fig.8) positioned between the rotational joint (46) and the elongateable portion (section of 44),
wherein a rotation axis (50) of the further rotational joint (joint or bend/corner between 46 and portion of 44 as shown in Fig.8) extends orthogonally to a rotation axis (48) of the rotational joint (46), and
wherein the method further comprises rotating the tool (40) about the further rotational joint (joint or bend/corner between 46 and portion of 44 as shown in Fig.8) so as to machine another surface (28-39) of the brake caliper not comprised by the receiving section (¶[0031]-[0037]; [0041]-[0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of machining the brake caliper of Emmons to inserting at least part of a tool for machining surfaces of the brake caliper through said gap into the brake caliper; and machining at least one surface of the brake caliper with said tool; and after inserting the at least part of the tool, adjusting a rotation angle of a rotational joint of the tool such that a tool head performing the surface machining is arrangeable within a receiving section of the brake caliper, and extending an elongateable portion of the tool such that the tool head is insertable into the receiving section, wherein the elongateable portion is extended after the tool has been inserted through the gap, wherein the elongateable portion is extended after the tool has been inserted through the gap, wherein the tool further comprises a further rotational joint positioned between the rotational joint and the elongateable portion, wherein a rotation axis of the further rotational joint extends orthogonally to a rotation axis of the rotational joint, and wherein the method further comprises rotating the tool about the further rotational joint so as to machine another surface of the brake caliper not comprised by the receiving section as taught by Stumpf in the caliper structure of Emmons for the purpose of easier to access and machine difficult to reach of interior surface through existing opening.
Claim 10: Emmons as modified by Stumpf discloses the method according to claim 9,wherein the elongateable portion (portion of 44-stumpf) of the tool (40-stumpf) is extended after a rotation angle of a rotational joint (46) of the tool has been adjusted (¶[0068]).
Response to Arguments/Amendment
Applicant’s arguments have been considered but are not persuasive. Applicant asserts that amended claim 9 more clearly describe and distinctly claim applicant’s invention. However, the amended claim 9 does not overcome the prior art rejection. Claim 9-10 remain rejected under 35 USC 103 because the limitations added by the amendment are taught by cited combination (see rejections above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LILLIAN T NGUYEN/Examiner, Art Unit 3655a
Prosecution Insights