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 .
Election/Restrictions
Applicant's election with traverse of Claims 1-11 in the reply filed on 4th of March 2026 is acknowledged. The traversal is on the ground(s) that “it is believed that search and examination of Claims 12-20 will note require different field of search or result in inapplicable prior art across different groups.” And “that it is unlikely examination of Claims 1-20 will raise different non-prior art issues that would otherwise impose a serious burden” (see Applicants Response Page 1-2) This is not found persuasive because, as described in the Office Action “Requirement for Restriction/Election” filed on the 20th of January 2026, search of Group I (Claims 1-11) and Group II (Claims 12-20) would require searches in different CPC classifications and separate unique text searches resulting in a serious search burden. Additionally, The MPEP says “the examiner, in order to establish reasons for insisting upon restriction, must explain why there would be a serious search and/or examination burden on the examiner if restriction is not required” (see MPEP 808.02). Therefore, in the immediate case, the examiner is not required to demonstrate a serious examination burden as a serious search burden has been demonstrated.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method for preparing a brake disc, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4th March 2026.
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Orr (US 20140332330 A1) in view of Facchini et. al. (US 8545994 B2).
Regarding Claim 1, Orr discloses a brake disc, comprising: a body (10) having at least one braking surface (24); and a corrosion and wear-resistant coating electrodeposited on the at least one braking surface (see Fig. 1B, [0003], [0007], [0044]).
Orr does not disclose the corrosion and wear-resistant coating comprises a precipitation-hardened cobalt-phosphorus (CoP) alloy and exhibits a Vickers hardness of from about 900 to about 1050 HV.
Facchini teaches an electrodeposited corrosion and wear-resistant coating wherein the corrosion and wear-resistant coating comprises a precipitation-hardened cobalt-phosphorus (CoP) alloy and exhibits a Vickers hardness of from about 900 to about 1050 HV (see 8:10-22, 15: Table-US-00001, 20:1-10).
It would have been obvious to combine the electrodeposited corrosion and wear-resistant coating of Facchini with the brake disk of Orr in order to enhance fatigue performance and eliminate potential environmental issues with previously used electrodeposited coatings (see US 8545994 B2 [Facchini]; 5: 50-63).
Regarding Claim 2, Orr discloses wherein the body (10) comprises a base material selected from: (i) gray cast iron; (ii) an aluminum alloy; (iii) a titanium alloy; and (iv) any combination of (i)-(iii) (see [0022]).
Regarding Claim 3, Facchini teaches wherein the CoP alloy of the corrosion and wear-resistant coating comprises a phosphorous content of from about 8 to about 12 wt.%, based on the total weight of the CoP alloy (see 23: 8-21, Claim 1).
Regarding Claim 4, Facchini teaches wherein the corrosion and wear-resistant coating further comprises wear-resistant particles of: (i) boron carbide (B4C); (ii)tungsten carbide (WC); (iii) titanium nitride (TiN); (iv) aluminum oxide (Al₂O₃); or (v) any combination of (i)-(iv) (see Page 16: Table-US-00003).
Regarding Claim 5, Facchini teaches wherein the corrosion and wear-resistant coating comprises the wear-resistant particles in an amount of from about 10 to about 55 vol.% (see Page 16: Table-US-00003).
Regarding Claim 6, Facchini teaches wherein the corrosion and wear-resistant coating further comprises wear-resistant boron carbine (B4C) particles, where the B4C particles are present in an amount of from about 10 to about 55 vol.% (see Page 16: Table-US-00003).
Regarding Claim 7, Facchini teaches wherein the corrosion and wear-resistant coating further comprises a lubricant compound selected from (i) hexagonal boron nitride (hBN); (ii) molybdenum disulfide (MoS2); (iii) tungsten disulfide (WS2); (iv) graphene; (v) zirconia; and (vi) any combination of (i)-(v) (see Page 16: Table-US-00003).
Regarding Claim 8, Facchini teaches wherein the corrosion and wear-resistant coating has an average thickness of: (i) at least about 100 µm; (ii) less than about 500 µm; or (iii) both (i) and (ii) (see 10: 21-42, Page 15: Table-US-00001).
Regarding Claim 9, Facchini teaches wherein the corrosion and wear-resistant coating maintains a Vickers hardness of at least about 90% of an initial Vickers hardness though at least 50 cycles of being heating to and held at least 500 °C for a time of at least 5 seconds per cycle (see Page 15: Table-US-00001, Page 16: Table-US-00003).
Regarding Claim 10, Facchini teaches wherein the corrosion and wear-resistant coating exhibits substantially no corrosion through at least 14 days of immersion in salt water at a temperature of at least 50°C (see Page 15: Table-US-00001, Page 16: Table-US-00003).
Regarding Claim 11, Facchini teaches wherein: (i) the corrosion and wear-resistant coating exhibits a bond strength to the braking surface of the body of at least about 60 Ksi; (ii) the wear-resistant coating exhibits a coefficient of friction of less than about 0.35; or (iii) both (i) and (ii) (see Page 15: Table-US-00001).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616