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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 14 and 17 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.
Claims 14 and 17 recite the limitation “shoulder portion” in relation to the parking brake piston. This is not labeled in the drawings or adequately defined in the specifications, while “collar portion” is both labeled and defined in context. Therefore, it is unclear if the “shoulder portion” is intended to be the same as the “collar portion” or a different structure all together. For purposes of examination, “shoulder portion” is interpreted as “collar portion.”
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-10, 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 3893549 A) in view of Asano (WO 2008035802 A1).
Regarding Claim 1, Bennett discloses a hydraulic disc brake for a vehicle, the disc brake comprising: a service brake arrangement (50) configured to actuate under hydraulic pressure to urge a brake pad (44) towards a rotor (30) to apply the disc brake during a braking operation; a parking brake arrangement (66) configured to urge the brake pad (3) towards the rotor (2) to apply the disc brake during a parking operation, wherein the parking brake arrangement has an applied condition and a released condition (see Fig. 2, abstract).
Bennett does not disclose a parking brake indicator.
Asano teaches a parking brake piston (27) configured to indicate whether the parking brake arrangement is in the applied condition or the released condition (see Fig. 1)
It would have been obvious to combine the parking brake piston and indicator arrangement of Asano with the hydraulic brake disc of Bennett in order to “easily recognize visually an operation state of the spring brake from outside the cylinder main body” (see WO 2008035802 A1 [Asano]; 56: 14-24)
Regarding Claim 2, Bennett discloses the disc brake comprises a caliper housing (34) for locating the service brake arrangement (50) and the parking brake arrangement (66) (see Fig. 2).
Asano teaches the parking brake indicator (27) is located on a rear side of the caliper housing, opposite to a front side of the caliper housing that faces the rotor (see Fig. 1).
Regarding Claim 3, Asano teaches the caliper housing comprises a bore (see Fig. 1) to locate the parking brake arrangement (27) and the parking brake indicator (27), wherein in the released condition, the parking brake indicator projects from the bore (see Fig. 1).
Regarding Claim 5, Asano teaches the parking brake arrangement comprises a parking brake piston (27) configured to urge the brake pad towards the rotor to apply the disc brake during the parking operation, wherein the parking brake indicator (27) is the parking brake piston (27) (see Fig. 1, 56: 14-24).
Regarding Claim 6, Bennett discloses the service brake arrangement (50) comprises a service piston (50) having a central longitudinal axis and the parking brake piston (66) is co-axial with the service piston (50) (see Fig. 2).
Regarding Claim 7, Bennett discloses the parking brake arrangement (66) further comprises a biasing arrangement (70) configured to bias the parking brake piston (66) in a direction of the brake pad (44) when the parking brake arrangement (66) is in the applied condition (see Fig. 2).
Regarding Claim 8, Bennett discloses the parking brake arrangement is configured to be moved to the released condition by hydraulic pressure (see Fig. 2, Abstract).
Regarding Claim 9, Bennett discloses the disc brake further comprises a caliper housing, the caliper housing further comprises a bore, and the bore further comprises a hydraulic fluid chamber (68), wherein in the applied condition of the parking brake arrangement the hydraulic fluid chamber (68) is substantially empty and in the released condition of the parking brake arrangement (66) then hydraulic fluid chamber (68) is substantially filled with hydraulic fluid (see Fig. 2, Abstract).
Regarding Claim 10, Bennett discloses the parking brake piston (66) comprises a circumferential collar portion (see Fig. 2), wherein a radial rotor-facing surface of the circumferential collar portion partially defines the hydraulic fluid chamber (68) and is configured to be acted on by the hydraulic fluid and an opposite radial surface of the circumferential collar portion faces away from the rotor and is configured to be in contact with the biasing arrangement (70) (see Fig. 2).
Regarding Claim 13, Asano teaches the parking brake piston (27) is at least partially surrounded by the biasing arrangement (26) (see Fig. 1).
Regarding Claim 14, Bennett discloses the parking brake piston (66) comprises a shoulder portion engaged by the biasing arrangement (70) (see Fig. 2).
Claims 4, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 3893549 A) as modified by Asano (WO 2008035802 A1) in Claim 1, above, further in view of Angerfors (US 5943940 A).
Regarding Claim 4, Bennett modified by Asano teaches the hydraulic disc brake of Claim 3.
Asano appears to teach the parking brake indicator (27) not projecting from the bore when in the applied condition (see Fig. 1, Fig. 2, Fig. 3, Fig. 4, 56: 14-24), but Bennett modified by Asano does not explicitly teach the parking brake indicator not projecting from the bore.
Angerfors teaches in the applied condition the parking brake indicator (12) does not project from the bore (see Fig. 1, 2:52-63).
It would have been obvious to combine the concept of keeping the parking brake indicator from projecting from the bore of Angerfors with the hydraulic disc brake of Bennett modified by Asano in order to reduce the volume the hydraulic disc brake may take up.
Regarding Claim 11, Bennett modified by Asano teaches the hydraulic disc brake of Claim 5 and a caliper housing, wherein the caliper housing further comprises a cover plate (60) (see US 3893549 A [Bennett]; Fig. 2) at its rear side and a bore (see WO 2008035802 A1 [Asano]; Fig. 1), wherein the bore passes through the cover plate (60) (see WO 2008035802 A1 [Asano]; Fig. 1 and US 3893549 A [Bennett]; Fig. 2).
Asano appears to teach the parking brake piston (27) being flush with the cover plate when in the applied condition (see Fig. 1, Fig. 2, Fig. 3, Fig. 4, 56: 14-24), but Bennett modified by Asano does not explicitly teach the parking brake piston being flush with the cover.
Angerfors teaches making the parking brake indicator flush (see Fig. 1).
It would have been obvious to combine the concept of keeping the parking brake indicator flush of Angerfors with the hydraulic disc brake of Bennett modified by Asano in order to reduce the volume the hydraulic disc brake may take up.
Regarding Claim 12, Bennett Modified by Asano teaches the cover plate (60) has a substantially planar surface portion (see US 3893549 A [Bennett]; Fig. 2), and the bore passes through this portion (see WO 2008035802 A1 [Asano]; Fig. 1).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 3893549 A) as modified by Asano (WO 2008035802 A1) in Claim 1, above, further in view of Lee (US 4192405 A).
Regarding Claim 15, Bennett modified by Asano teaches the hydraulic disc brake of claim 13.
Bennett modified by Asano does not explicitly teach the biasing arrangement comprising a housing having a plurality of biasing elements.
Lee teaches the biasing arrangement (250) comprises a housing (234) having a plurality of biasing elements (250) (see Fig. 4).
It would have been obvious to combine the biasing arrangement of Lee with the hydraulic disc brake of Bennett modified by Asano in order to control the spring constant of the biasing arrangement without replacing the whole biasing arrangement.
Regarding Claim 16, Lee teaches the biasing elements are Belville washers (see 10: 51-64).
Regarding Claim 17, Lee teaches the parking brake piston (212) has a shaft portion and the biasing elements are located on the shaft portion and at least one of the biasing elements engages a shoulder portion of the parking brake piston (212) (see Fig. 4).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 3893549 A) as modified by Asano (WO 2008035802 A1) in Claim 1, above, further in view of Inagaki (US 7458445 B2).
Regarding Claim 18, Bennett modified by Asano teaches the hydraulic disc brake of claim 7.
Bennett modified by Asano do not explicitly teach an adjusting mechanism to account for wear of the rotor and brake pad.
Inagaki teaches an adjustment mechanism (82) to account for wear of the rotor and the brake pad, wherein the adjustment mechanism (82) comprises an adjuster nut (83) that is configured to contact the service piston (78), the adjuster nut (83) being extendable relative to an adjuster screw (84), wherein the parking brake piston (24) is configured to, during the parking operation, engage the adjuster screw (84) when released by the parking brake arrangement, in order to transfer force from the biasing arrangement to the adjuster nut (83), which transfers force to the service piston (78) to apply the disc brake (72) (see Fig. 2).
It would have been obvious to combine the adjustment mechanism located between a parking brake piston and service brake piston of Inagaki with the hydraulic disc brake of Bennett modified by Asano in order to compensate for wear of the friction pads on the disc brake (see US 7458445 B2 [Inagaki]; 8:33-40).
Conclusion
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616