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 Objections
Claim 18 is objected to because of the following informalities: “to said straight first stretch to as to arrange the winding axis” should read “to said straight first stretch to arrange the winding axis.” Appropriate correction is required.
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 18 and 20 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.
Claim 18 recites the limitation “extends in a helical manner.” It is unclear if extending in a helical manner is intended to be the direction of the helix’s axis or any direction traveled in the path of the helix. For purposes of examination, “extends in a helical manner” is interpreted as “extend in any direction traveled in the path of the helix.”
Claim 20 recites the limitation "according to claim 9." There is insufficient antecedent basis for this limitation in the claim as Claim 9 has been canceled in the preliminary amendment. For purposes of examination Claim 20 is being interpreted to recite the limitation “according to claim 19.”
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 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gutelius (US 20140339026 A1).
Regarding Claim 11, Gutelius discloses a pad-holding spring and pad return spring assembly for a brake caliper, said brake caliper (4) comprising a caliper body (4) adapted to be arranged straddling a disc brake (see Fig. 2), 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) said assembly comprising: at least one pad-holding spring (30) configured to be arranged between at least one guiding ear of a brake pad (20) housed in said caliper body (4) and said caliper body (4) so as to bias said brake pad (20) in radial direction and circumferential direction (see Fig. 2, Fig. 4), and a pad return spring (50) configured to bias said brake pad (20) in the axial direction away from a brake disc, wherein said pad-holding spring (30) and said pad return spring (50) are made as separate pieces and are operatively connected (see Fig. 2, Fig. 4) wherein said pad-holding spring (30) 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. 5 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. 2, Annotated Fig. 5 below, Fig. 5), wherein said pad return spring (50) comprises: an anchoring portion (52) operatively connected to said C-shaped section, a coupling portion (56) configured to couple said brake pad, and a linking arm (58) operatively connected to said anchoring portion (52) and to said coupling portion (56), wherein said coupling portion (56) is elastically movable relative to said anchoring portion (52) 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 (50) is made from at least one wire, wherein said pad return spring comprises (50) at least one winding portion (66) connecting said linking arm (58) to said anchoring portion (52), wherein said at least one winding portion (66) 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. 5, Fig. 6, Fig. 7A, Fig. 7B, [0045]).
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Annotated Fig. 5
Regarding Claim 12, Gutelius discloses the pad-holding spring and pad return spring assembly according to claim 11, wherein said winding portion (66) comprises a plurality of coils wound around said winding axis (see Fig. 6), wherein the plurality of coils elastically deforms by torsion thus biasing said coupling portion elastically 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 at least one winding portion constantly elastically biases, along said axial direction, said coupling portion towards said retracted resting position by avoiding the contact of said brake pad and/or said pad-holding spring with said winding 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 (see Fig. 5, Fig. 6, [0035-0045]).
Regarding Claim 13, Gutelius discloses the pad-holding spring and pad return spring assembly according to claim 12, wherein said plurality of coils (66) comprising at least one first coil and one second coil, and/or wherein 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 (see Fig. 6, [0035-0039]).
Regarding Claim 14, Gutelius discloses the pad-holding spring and pad return spring assembly according to claim 11, wherein said winding portion (66) defines a first pad return spring axial envelope (E1) (see Annotated Fig. 7A below), wherein said linking arm (58) and said coupling portion (56) 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 (66) is bent in winding relative to said winding axis according to a winding direction, wherein said coupling portion (56) is bent at least partially in a direction opposite to the winding direction (see Fig. 6, Annotated Fig. 7A below, [0035-0039].
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Annotated Fig. 7A
Regarding Claim 15, Gutelius discloses the pad-holding spring and pad return spring assembly according to claim 11, wherein said linking arm (58) comprises an arm end portion (A1) directly connected to said coupling portion (56) 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 (56) 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 is less than said first distance so that in the event of circumferential sliding of the coupling portion relative to the brake pad towards said central portion, said first stretch interferes with said central portion preventing said end arm portion from contacting said central portion (see Annotated Fig. 7A 2 below, Fig. 5).
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Annotated Fig. 7A 2
Regarding Claim 18, Gutelius discloses the pad-holding spring and pad return spring assembly according to claim 11, wherein said anchoring portion (52) has at least a first straight stretch (X1), which extends away from the brake disc, wherein said first straight stretch (X1) is parallel to the axial direction, wherein said anchoring portion (52) has at least a curved first stretch (Y1) which connects said winding portion (66) to said straight first stretch (X1) to as to arrange the winding axis of the winding portion (66) either parallel or incident and/or perpendicular to the axial direction, wherein said winding portion (66) extends in a helical manner in the direction of said brake disc (see Annotated Fig. 7A 3 below, Fig. 5, Fig. 6).
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Annotated Fig. 7A 3
Regarding Claim 19, Gutelius discloses the brake pad assembly for a brake caliper, comprising at least one brake pad (20) 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 (20), wherein said brake pad (20) comprises friction material (28) and a support plate (22) supporting said friction material (28), wherein said support plate (22) comprises at least one guiding ear protruding laterally in a circumferential direction (see Fig. 3), wherein said C-shaped section of said pad-holding spring is configured to accommodate said guiding ear so as to bias said pad in a circumferential direction and a radial direction (see Fig. 2, Fig. 5), wherein said coupling portion (56) of said pad return spring (50) 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 distanced by at least said linking arm (58) from said coupling portion (56), and/or by preventing the uncoupling of said coupling portion from said brake pad (see Fig. 3, Fig. 5, Fig. 7A, [0051]).
Regarding Claim 20, Gutelius discloses the brake caliper comprising a caliper body (4) connectable to a vehicle and adapted to be arranged straddling a brake disc (see Fig. 2), wherein said caliper body (4) comprises at least one brake pad housing pocket, wherein said housing pocket comprises at least one recess (see Fig. 2), a pad assembly according to claim 9, wherein said pad-holding spring (30) is interposed at least between said guiding ear and said recess, wherein said coupling portion (56) of said pad return spring (50) is coupled with said guiding ear to bias it in a direction away from said brake disc (see Fig. 2, Fig. 3, [0034-0045]).
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 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Gutelius (US 20140339026 A1).
Regarding Claim 16, a first Gutelius embodiment discloses pad-holding spring and pad return spring assembly according to the preceding Claim 15, wherein said coupling portion comprises a second stretch, wherein said second stretch and said first stretch are connected forming a coupling portion angle (see Fig. 5, Fig. 6).
The said first Gutelius embodiment does not disclose wherein said coupling portion angle is an acute angle facing the central portion.
A second Gutelius embodiment teaches a pad return spring wherein said coupling portion (56) comprises a second stretch (G1), wherein said second stretch (G1) and said first stretch (F1) are connected forming a coupling portion angle, wherein said coupling portion angle is an acute angle facing the central portion (see Annotated Fig. 13 below, Fig. 13).
It would have been obvious to combine the pad return spring of said second Gutelius embodiment with the pad-holding spring and pad return spring assembly of said first Gutelius embodiment in order to connect with different geometry brake friction pad backing plates (see [0051], [0061]).
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Annotated Fig. 13
Regarding Claim 17, the combination of said Gutelius first embodiment and said Gutelius second embodiment disclose the pad-holding spring and pad return spring assembly according to the preceding claim 16, wherein said first stretch (F1) is a straight wire stretch, wherein said second stretch (G1) is a straight wire stretch, wherein said second stretch (G1) and said first stretch (F1) are connected by a third stretch (H1), wherein said third stretch (H1) is curved (see Annotated Fig. 13 above).
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