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 .
Response to Arguments
Applicant's arguments filed 05 March 2026 have been fully considered but they are not persuasive.
Applicants argue that the Zhang reference fails to teach a cantilevered coupling protuberance.
In response to applicant’s arguments the examiner points out that the arc-shaped side plate (30) and bottom plate extend from the cover body (10) only being supported on the on end that is integral with the cover body (10).
Applicants argue that the protuberance is adjustable.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., adjustability of the protuberance) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The examiner further points out that claim 1 does recite that the protuberance “may take a plurality of positions when not fixed”, but does not recite any limitations related to fixing said protuberance in said plurality of positions. The covering plate of is also “able take a plurality of positions when not fixed” (i.e. various incremental positions of attachment; or being located anywhere else a user places it when not fixed to the caliper).
Applicants argue that applicant’s cover plate and associated coupling protuberance is more than “just the minor task of centering a fastener in a hole”.
Applicant's argument amounts to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. The examiner understands that applicant’s coupling protuberance is physically different than, and is attached different from, that of Zhang; however, the independent claim does not fully recite and detail these differences.
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.
Claims 1-3 and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (US 2022/0106994).
In Re claim 1, Zhang discloses a cover plate (10) and brake caliper (70), wherein the cover plate comprises at least one coupling protuberance (see axially extending upper and lower walls, and side walls 30), wherein the coupling protuberance is accommodated with the caliper to locate and connect the cover to the caliper by a threaded member (50; see bolt holes 31), and wherein the covering plate and coupling protuberance is able take a plurality of positions when not fixed (i.e. various incremental positions during attachment and location; or being located anywhere else a user places it when not fixed to the caliper).
In Re claim 2, the caliper includes a female threaded blind hole that the threaded member (50) attaches to.
In Re claim 3, the axially extending cover protuberance is orthogonal to the longitudinal extension of the threaded member and the female threaded blind hole.
In Re claim 5, see protuberance free end (see adjacent hole 31 in fig. 3).
In Re claim 6, see threaded member (screw 50) with a hex key head (see fig. 3).
In Re claim 7, see resting protuberance (see upper cover plate 30; cover fixing sheet 41; cover positioning sheet 42; and associated structure depicted in fig. 4).
In Re claim 8, the caliper is a brake disc caliper (see fig. 2).
Allowable Subject Matter
Claims 4 and 9-13 are 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 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, 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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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616
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