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 with respect to claims 11-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Double Patenting
Claims 11 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 and 18 of co-pending Application No. 18/485448 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because co-pending claims 17 and 18 encompass the elements recited in claims 11 and 13 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 11, Claim 17 (including the limitations of Claims 11 and 16) D’Alessio teaches A pad-holding spring and pad return spring assembly for a brake caliper, said brake caliper comprising a caliper body adapted to be arranged straddling a disc brake, wherein said assembly defines an axial direction, a radial direction perpendicular to said axial direction and a circumferential or tangential direction perpendicular to both said axial direction and said radial direction (Claim 11 Lines 1-5), said assembly comprising: at least one pad-holding spring configured to be arranged between at least one
guiding ear of a brake pad housed in said caliper body and said caliper body so as to bias said brake pad in radial direction and circumferential direction, and a pad return spring configured to bias said brake pad in the axial direction away from a brake disc, wherein said pad-holding spring and said pad return spring are made as separate pieces and are operatively connected, wherein said pad-holding spring has a prevailing extension in radial and circumferential directions and comprises at least (Claim 11 Lines 6-14): a C-shaped section comprising a central portion which extends at least in a radial direction from which an upper portion and a lower portion extend from its radially opposite ends, wherein said upper portion and said lower portion develop at least partially in a circumferential direction away from said central portion, wherein said C- shaped section is adapted to be inserted in a recess of said caliper body and is adapted to accommodate said guiding ear, wherein said pad return spring comprises: - an anchoring portion operatively connected to said C-shaped section, - a coupling portion configured to couple said brake pad and - a linking arm operatively connected to said anchoring portion and to said coupling portion, wherein said coupling portion is elastically movable relative to said anchoring portion in the axial direction between a retracted resting position and at least one advanced position, towards said disc, and vice versa, wherein said pad return spring is made from at least one wire, wherein said linking arm comprises an arm end portion connected to said coupling portion wherein said arm end portion is arranged at a first distance along said circumferential direction relative to said central portion or a radial extension thereof, wherein said coupling portion comprises a first stretch, which is arranged at a second distance along said circumferential direction from said central portion, wherein said second distance is less than said first distance (Claim 11 Lines 15-35) wherein said pad return spring comprises at least one winding portion connecting said linking arm to said anchoring portion, wherein said at least one winding portion comprises said at least one wire, wound as a spiral about a winding axis so as to constantly and elastically bias said coupling portion at least along said axial direction, towards said retracted resting position, avoiding the contact of said winding portion with said brake pad and/or said pad-holding spring (Claim 16 Lines 1-7) wherein said winding portion comprises a plurality of coils wound around said winding axis (A), wherein the plurality of coils elastically deforms by torsion thus elastically biasing said coupling portion towards said retracted resting position, preventing elastic deformation by bending in the axial direction in the linking arm and/or in the coupling portion; and/or wherein said winding axis is oriented substantially parallel to the axial direction or is incident and/or perpendicular to the axial direction or a direction parallel to it (Claim 17 Lines 1-9).
Regarding Claim 13, Claim 18 (including the limitations of Claims 11, 16, and 17) D’Alessio Teaches wherein said plurality of coils comprises at least one first coil and one second coil, and/or said plurality of coils are concentric forming a cylindrical or conical helical portion of the spring, and/or wherein said at least one wire has a wire diameter, wherein said winding portion has a winding pitch comprised between said wire diameter and 4/3 of the wire diameter, wherein said winding pitch is defined as the distance along the winding axis between the centers of at least two adjacent coils (Claim 18 Lines 1-9).
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 is 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.
Regarding Claim 14, the limitation “and/or wherein said winding portion defines a first pad return spring radial envelope, wherein said coupling portion defines a second pad return spring radial envelope, wherein said pad return spring axial envelope is smaller than the second pad return spring axial envelope” is recited. Within this limitation a “a first pad return spring radial envelope” and a “second pad return spring radial envelope” are recited alongside a “said pad return spring axial envelope” and a “said second pad return spring axial envelope” there is insufficient antecedent basis for the axial envelopes as this limitation has a case where the claim is using the alternative form of the “and/or”. For purposes of examination this limitation will only refer to a radial envelope and read “said pad return spring radial envelope” and “said second pad return spring radial envelope” instead of “axial envelope”.
Claim Rejections - 35 USC § 102
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 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 108825682 A).
Regarding Claim 11, Zhang discloses a pad-holding spring and pad return spring assembly for a brake caliper, said brake caliper comprising a caliper body (see Fig. 1) adapted to be arranged straddling a disc brake (see Fig. 1), wherein said assembly defines an axial direction, a radial direction perpendicular to said axial direction and a circumferential or tangential direction perpendicular to both said axial direction and said radial direction (see Fig. 1, Fig. 2, Annotated Fig. 2 below) said assembly comprising: at least one pad-holding spring (21) configured to be arranged between at least one guiding ear of a brake pad (17) housed in said caliper body (see Fig. 1) and said caliper body so as to bias said brake pad (17) in radial direction and circumferential direction (see Annotated Fig. 2 below), and a pad return spring (2) configured to bias said brake pad (17) in the axial direction away from a brake disc, wherein said pad-holding spring (21) and said pad return spring (17) are made as separate pieces and are operatively connected (see Fig. 2, Annotated Fig. 2 below) wherein said pad-holding spring (21) has a prevailing extension in radial and circumferential directions and comprises at least: a C-shaped section comprising a central portion (A) (see Annotated Fig. 2 below)) which extends at least in a radial direction from which an upper portion (B) and a lower portion (C) extend from its radially opposite ends, wherein said upper portion (B) and said lower portion (C) develop at least partially in a circumferential direction away from said central portion (A), wherein said C-shaped section is adapted to be inserted in a recess of said caliper body and is adapted to accommodate said guiding ear (see Fig. 1, Fig. 2, Annotated Fig. 2 below), wherein said pad return spring (2) comprises: an anchoring portion (3) operatively connected to said C-shaped section, a coupling portion (8) configured to couple said brake pad (17), and a linking arm (L) (see Annotated Fig. 4 below) operatively connected to said anchoring portion (3) and to said coupling portion (8), wherein said coupling portion (8) is elastically movable relative to said anchoring portion (3) in the axial direction between a retracted resting position and at least one advanced position, towards said disc, and vice versa, wherein said pad return spring (2) is made from at least one wire, wherein said pad return spring comprises (2) at least one winding portion (5) connecting said linking arm (L) to said anchoring portion (3), wherein said at least one winding portion (5) comprises said at least one wire, wound as a spiral about a winding axis so as to constantly bias said coupling portion elastically at least along said axial direction towards said retracted resting position (see Fig. 2, Annotated Fig. 2 below) wherein said winding portion (5) comprises a plurality of coils wound around said winding axis, and wherein said winding axis is oriented substantially parallel to said axial direction, whereby the plurality of coils elastically deforms by torsion to bias said coupling portion, thereby preventing significant elastic deformation by bending in the axial direction (see Fig. 1, Fig. 2, Annotated Fig. 2, below).
PNG
media_image1.png
614
646
media_image1.png
Greyscale
Annotated Fig. 2
PNG
media_image2.png
713
889
media_image2.png
Greyscale
Annotated Fig. 4
Regarding Claim 12, Zhang discloses wherein said at least one winding portion (5) constantly elastically biases, along said axial direction, said coupling portion (8) towards said retracted resting position by avoiding the contact of said brake pad (17) and/or said pad-holding spring (21) with said winding portion (5). (see Fig. 2).
Regarding Claim 13, Zhang discloses wherein said plurality of coils (5) comprising at least one first coil and one second coil, and/or wherein said plurality of coils (5) are concentric forming a cylindrical or conical helical portion of the spring, and/or wherein said at least one wire has a wire diameter, wherein said winding portion has a winding pitch comprised between said wire diameter and 4/3 of the wire diameter (see Fig. 2).
Regarding Claim 14, Zhang discloses wherein said winding portion (5) defines a first pad return spring axial envelope (E1) (see Annotated Fig. 4 above), wherein said linking arm (L) and said coupling portion (8) define a second pad return spring axial envelope (E2), wherein said first pad return spring axial envelope (E1) is less than the second axial pad return spring envelope (E2), and/or wherein said winding portion defines a first pad return spring radial envelope, wherein said coupling portion defines a second pad return spring radial envelope, wherein said pad return spring axial envelope is smaller than the second pad return spring axial envelope, and/or wherein said winding portion (5) is bent in winding relative to said winding axis according to a winding direction, wherein said coupling portion (8) is bent at least partially in a direction opposite to the winding direction (see Fig. 2, Fig. 4, Annotated Fig. 4 above).
Regarding Claim 15, Zhang discloses wherein said linking arm (L) (see Annotated Fig. 4 above) comprises an arm end portion (A1) directly connected to said coupling portion (8) wherein said arm end portion (A1) is arranged at a first distance (D1) along said circumferential direction relative to said central portion or a radial extension thereof, wherein said coupling portion (8) comprises a first stretch (B1), which is arranged at a second distance (D2) along said circumferential direction from said central portion, wherein said second distance (D2) is less than said first distance (D1) so that in the event of circumferential sliding of the coupling portion relative to the brake pad towards said central portion, said first stretch (B1) interferes with said central portion preventing said end arm portion (A1) from contacting said central portion (see Fig. 2, Fig. 4, Annotated Fig. 4 above).
Regarding Claim 18, Zhang discloses wherein said anchoring portion has at least a first straight stretch, which extends away from the brake disc, wherein said first straight stretch is parallel to the axial direction, wherein said anchoring portion has at least a curved first stretch which connects said winding portion to said straight first stretch to as to arrange the winding axis of the winding portion either parallel or incident and/or perpendicular to the axial direction, wherein said winding portion extends in a helical manner in a direction of the winding axis in the direction of said brake disc, and/or wherein said linking arm (L) is substantially straight and parallel to said axial direction, wherein said linking arm (L) is connected to said winding portion (5) by means of a first curved connection (F1) that forms a right angle with said winding portion (5) in a plane comprising at least said axial direction so as to arrange said linking arm (L) parallel to said axial direction (see Fig. 4, Annotated Fig. 4).
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 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108825682 A) as applied to Claim 11, above, in view of Miller et. al. (US 20180223928 A1).
Regarding Claim 19, Zhang discloses the brake pad assembly for a brake caliper, comprising at least one brake pad and at least one pad-holding spring and pad return spring assembly according to claim 11, wherein said pad-holding spring and pad return spring assembly is connectable to said brake pad (17) (see Fig. 1) wherein said C-shaped section of said pad-holding spring (21) is configured to accommodate said guiding ear so as to bias said pad in a circumferential direction and a radial direction, wherein said coupling portion (8) of said pad return spring (21) is configured to engage said guiding ear so as to bias said pad in a direction away from a brake disc by means of said winding portion (5) distanced by at least said linking arm (L) (see Annotated Fig. 4 above) from said coupling portion (8), and/or by preventing the uncoupling of said coupling portion (8) from said brake pad (17)(see Fig. 1, Fig. 2, Annotated Fig. 2 above, Fig. 4, Annotated Fig. 4 above).
Zhang does not explicitly disclose wherein said brake pad comprises friction material and a support plate supporting said friction material, wherein said support plate comprises at least one guiding ear protruding laterally in a circumferential direction.
Miller teaches wherein a brake pad (134) comprises friction material (142) and a support plate (140) supporting said friction material (142), wherein said support plate (140) comprises at least one guiding ear protruding (140A, 140B) laterally in a circumferential direction (see Fig. 3).
It would have been obvious to combine the teaching of Miller including a sperate friction material and support plate structure with the brake pad assembly for a brake caliper of Zhang in order to improve frictional braking, fatigue performance, and reduce maintenance complexity.
Regarding Claim 20, Zhang discloses the brake caliper comprising a caliper body connectable to a vehicle and adapted to be arranged straddling a brake disc (see Fig. 1), wherein said caliper body comprises at least one brake pad housing pocket, wherein said housing pocket comprises at least one recess (see Fig. 1), a pad assembly according to claim 19, wherein said pad-holding spring (21) is interposed at least between said guiding ear and said recess (see Fig. 1), wherein said coupling portion (8) of said pad return spring (2) is coupled (20) with said guiding ear to bias it in a direction away from said brake disc (see Fig. 1).
Allowable Subject Matter
Claims 16-17 and 21-23 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, any intervening claims, and avoiding double patenting issues with co-pending applications.
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 Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
Prosecution Insights