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.
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 1-3, and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 1122453 in view of Bell (US# 2008/0135352) or Dietrich et al (US# 2015/0377338).
EP ‘453 discloses a brake caliper housing including; a brake caliper housing, comprising: a left shell 3 or 4 having a left connecting surface; and a right shell 4 or 3 having a right connecting surface,
the left connecting surface and the right connecting surface being fixedly connected by friction stir welding [0068], wherein the left shell comprises a main body (portion housing piston 8 or 9), a front extension segment (part having 28, Fig. 7) extending from a top edge of the main body toward the right shell, and a rear extension segment (portion having 30) extending from the top edge of the main body toward the right shell and being spaced from the front extension segment; the front extension segment having an end face 28 facing the right shell, and the rear extension segment has an end face 30 facing the right shell; the end faces of the front and rear extension segments collectively form the left connecting surface; and the right shell comprises a main body (portion housing piston 9 or 8), a front extension segment (portion of other shell corresponding to portion with 28) extending from a top edge of the main body of the right shell toward the left shell, and a rear extension segment (potion of the other shell corresponding to portion with 30) extending from the top edge of the main body of the right shell toward the left shell and being spaced from the front extension segment of the right shell; the front extension segment of the right shell having an end face facing the left shell, and the rear extension segment of the right shell has an end face facing the left shell; the end faces of the front and rear extension segments of the right shell collectively form the right connecting surface. EP ‘453 lacks the left connecting surface having a first positioning hole and a second positioning hole, the right connecting surface protrudes with a first positioning pin and a second positioning pin, the first positioning pin being inserted into the first positioning hole, and the second positioning pin being inserted into the second positioning hole, such that the left connecting surface is abutted against and aligned with the right connecting surface, the first positioning hole being formed in the end face of the front extension segment of the left shell, and the second positioning hole is formed in the end face of the rear extension segment of the left shell; and wherein the first positioning pin protrudes from the end face of the front extension segment of the right shell and the second positioning pin protrudes from the end face of the rear extension segment of the right shell. Bell discloses a brake caliper and further teach locating pins or dowel pins 45/46 [0014][0027] protruding two mating end surfaces 40/42 of one portion 30 of a brake structure and engaging openings in another pair of mating end surfaces 41/43 of another portion 20 to facilitate proper alignment during assembly. Dietrich et al disclose a vehicle component and further teach the use of dowel pins [0040] to facilitate alignment prior to friction stir welding two halves of a gear housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide dowels and holes in the connecting surfaces of EP ‘453, as taught by Bell or Dietrich et al to ensure proper positioning prior to welding, thereby ensuring proper construction of the caliper. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide one pair of connecting surfaces of EP ‘453 with a first and second positioning hole, and the other pair of connecting surfaces with a first and second positioning pin, each positioning pin being inserted into the corresponding positioning hole, such as taught by Bell to evenly distribute the positioning components, thereby ensuring proper construction of the caliper.
Regarding claim 2, EP ‘453, as modified, further disclose a third positioning hole of the right connecting surface and a fourth positioning hole of the right connecting surface are respectively formed in the end face of the front extension segment of the right shell and the end face of the rear extension segment of the right shell, and the first positioning pin is inserted into the third positioning hole of the right connecting surface and the second positioning pin is inserted into the fourth positioning hole of the right connecting surface, such that the first positioning pin and the second positioning pin protrude from the right connecting surface. Note dowel pins are understood to be inserted into positioning holes on each connecting surface.
Regarding claim 3, EP ‘453, as modified, disclose all the limitations of the instant claim with exception to the right shell being monolithically formed with the first and second positioning pins. It is noted that the pins are formed either integrally with or separately from the shell. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try either configuration with the predictable results of positioning either with an additional installed element or an integral element that is not likely to separate from the shell. Also note MPEP 2144.04(V)(B) regarding the obviousness of making integral.
Regarding claims 5-7, note the figure below which identifies the claimed protrusions and edges capable of being clamped by a fixture.
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Response to Arguments
Applicant's arguments filed 6/22/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that the references “do not lead to the specific dual-point end-face positioning structure of amended claim 1.” This is not persuasive as Bell specially teaches a similar arrangement in a disc brake environment. Note figure 4 shows an embodiment with two faces 41 and 43 having positioning holes [0029] and two opposing faces having pins 45 and 46 ([0014][0027] suggests pins for both features). It is also noted that amended claim 1 requires a positioning hole and pin feature at the connecting faces of the caliper, two holes in one shell, two pins in the other shell. It is further maintained that in using a pin and hole arrangement for aligning the shells of EP ‘453, one would provide a minimum of one hole and pin arrangement at one of surfaces 27 and 28 and a second pin and hole arrangement at one of surfaces 29 and 30, as any less would not be particularly effective in maintaining alignment in the parts during stir welding.
Regarding claim 2, see the response above regarding the positioning of the pins and holes. Regarding the pins being received in a hole in each of the left and right side end faces, one of ordinary skill in the art understands dowel pins to be distinct pin structures received in opposing holes.
Regarding claim 3, see the response above regarding the positioning of the pins and holes. Regarding the integral structure, it is maintained that the pins are formed either integrally with or separately from the shell. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try either configuration with the predictable results of positioning either with an additional installed element or an integral element that is not likely to separate from the shell. Bell et al also teaches an integral structure 46 [0029]. Also note MPEP 2144.04(V)(B) regarding the obviousness of making integral.
Regarding claim 5-7, Applicant argues that EP ‘453 does not disclose the recited mounting protrusions. Limitations are given their broadest reasonable interpretation in light of the disclosure. In this case, the specification identifies elements 23 and 43 as mounting protrusions. Note the figures below comparing Applicant’s mounting protrusions and edges forming holding surfaces to those of EP ‘453. It is not clear how the recited mounting protrusions are structurally distinct from the portions of EP ‘453 identified in the annotated figure below.
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EP ‘453 shows
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Conclusion
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 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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