DETAILED ACTION
The following is a response to the amendment filed 7/29/2026 which has been entered.
Response to Amendment
Claims 1-15 and 17-25 are pending in the application. Claim 16 is cancelled and claims 21-25 are new.
-The objection to the specification has been withdrawn due to applicant amending paragraphs [0040] and [0051] accordingly.
-The claim objection has been withdrawn due to applicant cancelling claim 16.
-The 112(b) rejection has been withdrawn due to applicant amending claim 13 accordingly.
-The current 102 and 103 rejections have been withdrawn due to applicant amending claims 1, 10 and 17 with limitations not disclosed by the prior art of record used in the rejections.
Drawings
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: interior surface 246 as described in paragraph [0047].
The drawings are further objected to because the lead line extending from reference number 260 is currently pointing to the incorrect element in Figure 7.
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
Claims 2-9, 11-15 and 18-21 are objected to because of the following informalities:
-In each of the above claims, a comma should be placed after the dependency claim as shown in new claims 22-25. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3, 4, 8, 9, 17, 18 and 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TR 201718152 (previously cited with machine translation). As to claim 1, TR discloses a brake caliper comprising: a caliper housing (1, 6) comprising a cavity; and a piston (8) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis, and wherein the piston comprises a non-circular outer periphery defining a cross-sectional area orthogonal to the first axis (as shown in Figures 1 and 8), a seal (10) disposed between the outer periphery and an interior surface of the cavity; and a gland (4) in one of the outer periphery of the piston and the interior surface of the cavity for receiving the seal, the gland having a first width and the seal, in an uncompressed state, having a second width, the first width being greater than the second width (as shown in Figure 8, it would be obvious based on seal 10 needing to be fitted within gland 4).
As to claim 3, wherein the outer periphery is defined by at least one linear portion (top and bottom sides of 8 as shown in Figure 1 or sides of 8 as shown in Figure 8).
As to claim 4, wherein the at least one linear portion comprises spaced apart first and second linear portions (top and bottom sides of 8 as shown in Figure 1 or sides of 8 as shown in Figure 8) connected with first and second end portions (top and bottom sides of 8 as shown in Figure 8 or sides of 8 as shown in Figure 1).
As to claim 8, further comprising a brake pad (12) coupled to the piston, wherein the brake pad comprises an outer periphery defining a cross-sectional area orthogonal to the first axis (as shown in Figure 1), wherein the outer periphery of the piston is disposed within the outer periphery of the brake pad when the outer periphery of the piston is superimposed on the cross- sectional area of the brake pad along the first axis (as shown in Figures 1 and 13, the cross section of 8 is smaller than outer periphery of 12).
As to claim 9, further comprising a brake pad (12), and wherein the piston comprises a single piston (8) coupled to the brake pad.
As to claim 17, TR discloses a brake caliper comprising: a caliper housing comprising a first caliper portion (1) having a first cavity and a second caliper portion (6) having a second cavity, the first caliper portion being inboard of the second caliper portion and a first piston (8 within portion 1) movably disposed in the first cavity, wherein the first piston is reciprocally movable in the first cavity along a first axis, and wherein the first piston comprises a first non- circular outer periphery defining a cross-sectional area orthogonal to the first axis; and a second piston (8 within portion 6) movably disposed in the second cavity, wherein the second piston is reciprocally movable in the second cavity along the first axis, wherein the second piston comprises a second non-circular outer periphery defining a cross-sectional area orthogonal to the first axis.
As to claim 18, wherein each of the outer peripheries are defined by at least one linear portion, wherein the at least one linear portion comprises spaced apart first and second linear portions (top and bottom sides of 8 as shown in Figure 1 or sides of 8 as shown in Figure 8) connected with first and second end portions (top and bottom sides of 8 as shown in Figure 8 or sides of 8 as shown in Figure 1).
As to claim 23, wherein the gland is stepped (4 is shown as stepped in Figure 3).
As to claim 24, wherein the caliper housing comprises a first caliper portion (1) and a second caliper portion (6), the first caliper portion being inboard of the second caliper portion, first caliper portion including the cavity, the second caliper portion including a second cavity for receiving a second piston (8 within portion 6), wherein the second piston is reciprocally movable in the second cavity along the first axis, the second piston comprising a non-circular outer periphery defining a cross-sectional area orthogonal to the first axis, one of the outer periphery of the piston and an interior surface of the second cavity comprising a second gland (4 within portion 6) for receiving a second seal (10 within portion 6) disposed between the second piston and the interior surface of the second cavity, the gland having a first width and the seal, in an uncompressed state, having a second width, the first width being greater than the second width (as shown in Figure 8, it would be obvious based on seal 10 needing to be fitted within gland 4).
As to claim 25, wherein the second gland is stepped (4 is shown as stepped in Figure 3).
Claim(s) 1, 3, 4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 1020160061203 (previously cited with machine translation). As to claim 1, KR discloses a brake caliper comprising: a caliper housing (1) comprising a cavity; and a piston (4a) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis, and wherein the piston comprises a non-circular outer periphery defining a cross-sectional area orthogonal to the first axis (as shown in Figure 2), a seal (4b) disposed between the outer periphery and an interior surface of the cavity; and a gland (as shown in Figure 2 on outer periphery of 4a) in one of the outer periphery of the piston and the interior surface of the cavity for receiving the seal, the gland having a first width and the seal, in an uncompressed state, having a second width, the first width being greater than the second width (as shown in Figure 1, it would be obvious based on seal 4b needing to be fitted within gland).
As to claim 3, wherein the outer periphery is defined by at least one linear portion (top and bottom sides of 4a as shown in Figure 2).
As to claim 4, wherein the at least one linear portion comprises spaced apart first and second linear portions (top and bottom sides of 4a as shown in Figure 2) connected with first and second end portions (sides of 4a as shown in Figure 2).
As to claim 9, further comprising a brake pad (6), and wherein the piston comprises a single piston (4a) coupled to the brake pad.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over TR in view of Barbosa 20200182320 (previously cited). TR discloses wherein the cross-sectional area comprises a major axis having a first length (linear sides of 8) and a minor axis having a second length (curved ends of 8), wherein the major axis is orthogonal to the minor axis, but doesn’t disclose wherein a power elongation ratio of the first length to the second length is greater than or equal to 1.5 and greater than or equal to 2.0.
Barbosa discloses a brake caliper comprising: a caliper housing (106)
comprising a cavity (122); and a piston (102) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis (via 138), and wherein the piston comprises a non-circular outer periphery defining a cross-sectional area orthogonal to the first axis (as shown in Figures 5-7), wherein the cross-sectional area comprises a major axis (via 156) having a first length and a minor axis (via 158) having a second length, wherein the major axis is orthogonal to the minor axis, and shows that it is well known in the art to provide a power elongation ratio of the first length to the second length is greater than or equal to 1.5 and 2.0 (claim 7 in Barbosa recites that the first and second dimension ratio is greater than 1 which suggest any ratio over 1 and which would encompass the recited ratio 1.5 and 2.0).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the piston in TR with a power elongation ratio of first length to second length greater than or equal to 1.5 and 2.0 in view of Barbosa to optimize braking performance by ensuring that the force applied to brake pads is effectively distributed to enhance clamping force and reduce brake pad wear.
Claim(s) 5, 6, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over TR in view of JPH0394436 (previously cited). TR discloses a first and second linear portion and a first and second curved portion, but doesn’t disclose the first and second linear portions are non-parallel and the first curved portion having a first radius greater than the second curved portion second radius.
JP discloses a brake caliper comprising: a caliper housing (3) comprising a cavity (via 14); and a piston (7) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis (axis that 7 reciprocates on), and wherein the piston comprises a non-circular outer periphery defining a cross-sectional area orthogonal to the first axis (as shown in Figures 1 and 3) and shows that it is well known in the art to design the piston having non-parallel first and second linear portions (see annotated Figure below wherein linear portions are aligned at different angles between end portions) and a first end portion curved having a first radius and a second end portion curved having a second radius, wherein the first radius is greater than the second radius (see annotated Figure below where the radius on one end is greater than radius on other end).
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It would have been an obvious design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the piston in TR with non-parallel linear portions and different radius end portions in view of JP to reduce weight of piston based on intended application to increase braking capacity and operating efficiency.
Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over TR in view of Thiel et al 4658938 and Gutelius 20120186917. TR discloses a first brake pad (12 near portion 1) coupled to the first piston (8 within portion 1) and a second brake pad (12 near portion 6) coupled to the second piston (8 within portion 6), but doesn’t disclose a spring element biasing the first and second brake pads against the first and second piston, respectively and wherein the spring element is a spreader spring.
Thiel and Gutelius both disclose first and second brake pads coupled to first and second pistons, respectively and shows that it is well known in the art to provide a spring element biasing the first and second brake pads against the first and second piston, respectively and wherein the spring element is a spreader spring (30 in Thiel and 30 in Gutelius).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a spreader spring between the brake pads in TR in view of Thiel and Gutelius to maintain proper alignment of pads and prevent them from dragging against brake disc when disengaged which further reduces wear of pads.
Claim(s) 10 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over TR in view of Castellana et al 20160053835. As to claim 10, TR discloses a brake caliper comprising: a caliper housing (1, 6) comprising a cavity; a piston (8) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis, and wherein the piston comprises a non-circular first outer periphery defining a first cross-sectional area orthogonal to the first axis (as shown in Figures 1 and 8); and a brake pad (12) coupled to the piston, wherein the brake pad comprises a second outer periphery defining a second cross-sectional area orthogonal to the first axis, wherein the outer periphery of the piston is disposed within the outer periphery of the brake pad when the outer periphery of the piston is superimposed on the cross-sectional area of the brake pad along the first axis (as shown in Figures 1 and 13, the cross section of 8 is smaller than outer periphery of 12); and a seal (10) disposed between the piston and the caliper housing. However, TR doesn’t disclose a sleeve disposed between the piston and the caliper housing and the seal disposed between the sleeve and housing as recited.
Castellana discloses a brake caliper comprising: a caliper housing (10, 12) comprising a cavity; a piston (24) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis, a brake pad (28) coupled to the piston and shows that it is well known in the art to provide a sleeve (as shown in Figure 5 via 76) disposed between the piston and the caliper housing; and a seal (72) disposed between the sleeve and the caliper housing.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide TR with a sleeve between the piston and housing in view of Castellana to provide wear protection of piston surface contacting housing surface and further reduce noise and vibration from friction created during operation of piston contacting housing surface.
As to claim 12, TR discloses a seal (10) disposed between the first outer periphery and an interior surface of the cavity.
As to claim 13, TR discloses wherein the first outer periphery is defined by at least one linear portion (top and bottom sides of 8 as shown in Figure 1 or sides of 8 as shown in Figure 8).
As to claim 14, TR discloses wherein the at least one linear portion comprises spaced apart first and second linear portions (top and bottom sides of 8 as shown in Figure 1 or sides of 8 as shown in Figure 8) connected with first and second end portions (top and bottom sides of 8 as shown in Figure 8 or sides of 8 as shown in Figure 1).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over TR in view of Castellana as applied to claim 10 above, and further in view of Barbosa 20200182320. TR in view of Castellana discloses wherein the cross-sectional area comprises a major axis having a first length (linear sides of 8 in TR) and a minor axis having a second length (curved ends of 8 in TR), wherein the major axis is orthogonal to the minor axis, but doesn’t disclose wherein a power elongation ratio of the first length to the second length is greater than or equal to 1.0.
Barbosa discloses a brake caliper comprising: a caliper housing (106)
comprising a cavity (122); and a piston (102) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis (via 138), and wherein the piston comprises a non-circular outer periphery defining a cross-sectional area orthogonal to the first axis (as shown in Figures 5-7), wherein the cross-sectional area comprises a major axis (via 156) having a first length and a minor axis (via 158) having a second length, wherein the major axis is orthogonal to the minor axis, and shows that it is well known in the art to provide a power elongation ratio of the first length to the second length is greater than or equal to 1.0 (claim 7 in Barbosa recites that the first and second dimension ratio is greater than 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the piston in TR in view of Castellana with a power elongation ratio of first length to second length greater than or equal to 1.0 further in view of Barbosa to optimize braking performance by ensuring that the force applied to brake pads is effectively distributed to enhance clamping force and reduce brake pad wear.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over TR in view of Castellana as applied to claims 10, 13 and 14 above, and further in view of JPH0394436. TR in view of Castellana discloses a first and second linear portion and a first and second curved portion, but doesn’t disclose the first and second linear portions are non-parallel as recited.
JP discloses a brake caliper comprising: a caliper housing (3) comprising a cavity (via 14); and a piston (7) movably disposed in the cavity, wherein the piston is reciprocally movable in the cavity along a first axis (axis that 7 reciprocates on), and wherein the piston comprises a non-circular outer periphery defining a cross-sectional area orthogonal to the first axis (as shown in Figures 1 and 3) and shows that it is well known in the art to design the piston having non-parallel first and second linear portions (see annotated Figure pertaining to claim 5 wherein linear portions are aligned at different angles between end portions) and a first end portion curved having a first radius and a second end portion curved having a second radius, wherein the first radius is greater than the second radius (see annotated Figure pertaining to claim 5 where the radius on one end is greater than radius on other end).
It would have been an obvious design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the piston in TR in view of Castellana with non-parallel linear portions further in view of JP to reduce weight of piston based on intended application to increase braking capacity and operating efficiency.
Conclusion
There is no additional prior art made of record and relied upon as the examiner considers the prior art used in the rejections above the most pertinent to applicant’s disclosure.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 September 26, 2026
