DETAILED CORRESPONDENCE
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 .
Status of Claims
This Final Office Action is in response to the amendment filed on May 11th, 2026 for application no. 18/485,448 filed on October 12th, 2023. Claims 11-21 are pending. In the present amendment, claims 11 and 13-20 are amended, and claim 21 is new.
Double Patenting
Regarding Claims 11-15, the terminal disclaimer filed on May 11th, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 18/484,788 has been reviewed and is accepted. The terminal disclaimer has been recorded. As such, the nonstatutory doubling patenting rejection of claims 11-15 is hereby withdrawn.
Claim Objections
Regarding Claim 16 (lines 2-3), please change the recitation of “wherein said pad return spring comprises at least one winding portion” to - - wherein said pad return spring comprises said at least one winding portion - - as antecedent basis is now established in claim 11.
Regarding Claim 17 (line 2), please change the recitation of “wherein said winding portion comprises a plurality of coils” to - - wherein said winding portion comprises [[a]] said plurality of coils - - as antecedent basis is now established in claim 11.
Regarding Claim 19 (lines 12-13), please change the recitation of “a direction away from a brake disc by means of a winding portion” to - - a direction away from a brake disc by means of [[a]] said winding portion - - as antecedent basis is now established in claim 11.
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 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 11-13 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reuss (US 2019/0085921).
Regarding Claim 11, Reuss teaches a pad-holding spring and pad return spring assembly (Figs. 8-9, “pad clip” 12 and “retraction spring” 14, respectively) for a brake caliper (Figs. 1-2, “brake system” 100), said brake caliper (100) comprising a caliper body (“support bracket” 104) adapted to be arranged straddling a disc brake (“rotor” 106), wherein said assembly (12, 14) defines an axial direction (Examiner Fig. 1, A-A), a radial direction (R-R) perpendicular to said axial direction (A-A) and a circumferential (C-C) perpendicular to both said axial direction (A-A) and said radial direction (R-R), said assembly (12, 14) comprising:
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Examiner Fig. 1 – Figs. 9A and 9B of Reuss
at least one pad-holding spring (Figs. 4 and 7-8; 12) configured to be arranged between at least one guiding ear (“ear” 130) of a brake pad (“brake pads” 108) housed in said caliper body (104) so as to bias said brake pad (108) in the radial direction (R-R) and the circumferential direction (C-C; see Fig. 7B and Examiner Fig. 1), and
a pad return spring (Figs. 7-9, 14) configured to bias said brake pad (108) in the axial direction (A-A) away from the disc brake (106; [0056] – “Since the retraction arm 26 is in contact with the ear 130, as the retraction arm 26 moves away from the rotor 106 (not shown) the retraction arm 26 applies an outwardly force to the ear 130 resulting in the ear moving away from the rotor 106”),
wherein said pad-holding spring (12) and said pad return spring (14) are made as separate pieces and are operatively connected (see Figs. 8-9),
wherein said pad-holding spring (Fig. 4, 12) has a prevailing extension (extending portions of 12) in the radial (R-R) and circumferential (C-C) directions (“upper flange” 34 and “rearward wall” 36 extend in the R-R direction; “middle wall” 30 and “lower wall” 38 extend in the C-C direction) and comprises at least:
a C-shaped section (formed by 30, 36 and 38) comprising a central portion (36) which extends at least in the radial direction (R-R) from which an upper portion (30) and a lower portion (38) extend from its radially opposite ends (ends of 36),
wherein said upper portion (30) and said lower portion (38) develop at least partially in the circumferential direction (C-C) away from said central portion (36),
wherein said C-shaped section (30, 36, 38) is adapted to be inserted in a recess (recessed portion of 104 for receiving 12) of said caliper body (104) and is adapted to accommodate said guiding ear (130; see Fig. 7B),
wherein said pad return spring (Figs. 8-9, 14) comprises:
an anchoring portion (“anchor arm” 20) operatively connected to said C-shaped section (30, 36, 38),
a coupling portion (“retraction arm” 26) configured to couple said brake pad (108; see Fig. 6), and
a linking arm (“bias device” 22) operatively connected to said anchoring portion (20) and to said coupling portion (26),
wherein said coupling portion (26) is elastically movable relative to said anchoring portion (20) in the axial direction (A-A) between a retracted resting position and at least one advanced position (see Figs. 6-9; see [0056] above),
wherein said pad return spring (14) is made from at least one wire (see Fig. 9),
wherein said linking arm (22) comprises an arm end portion (“pad side arm” 64) connected to said coupling portion (26)
wherein said arm end portion (64) is arranged at a first distance (distance away from 36 in the C-C direction) along said circumferential direction (C-C; see Examiner Fig. 1) relative to said central portion (36),
wherein said coupling portion (26) comprises a first stretch (“contact arm” 46), which is arranged at a second distance (distance away from 36 in the C-C direction) along said circumferential direction (C-C) from said central portion (36),
wherein said second distance (46) is less than said first distance (64; in other words, the end of the first stretch (46) is closer to the central portion (36) of the pad holding spring (12) than the arm end portion (64) of the linking arm (22); see Figs. 8-9),
wherein said pad return spring (14) comprises at least one winding portion (“helical loops” 24) comprising a plurality of coils (see Fig. 8), and wherein said plurality of coils (24) elastically deforms by torsion to elastically bias said coupling portion (26) towards said retracted resting position (see [0056] above) in the axial direction (Examiner Fig. 1; A-A).
Regarding Claim 12, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 11,
wherein said first stretch (Figs. 8-9, 46) has a spring free end (end of 46),
wherein said spring free end (end of 46) is adapted to face said central portion (36; see Figs. 8-9),
wherein said spring free end (end of 46) is defined by a surface equal to a cross section of said at least one wire (see Fig. 9).
Regarding Claim 13, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 11,
wherein said coupling portion (Figs. 8-9, 26) comprises a second stretch (length of 26 minus the length of 46),
wherein said second stretch (26 minus 46) and said first stretch (46) are connected forming a coupling portion angle (obtuse angle seen in Fig. 9B) or forming a concave portion (obtuse angle seen in Fig. 9B) in which said concave portion faces the central portion (36; see Figs. 8-9).
Regarding Claim 16, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 11,
wherein said pad return spring (Figs. 8-9, 14) comprises at least one winding portion (“helical loops” 24) connecting said linking arm (22) to said anchoring portion (20),
wherein said at least one winding portion (24) comprises said at least one wire (see Figs. 8-9), wound as a spiral about a winding axis (central axis of 24 seen in Fig. 9A) so as to constantly and elastically bias said coupling portion (26) at least along said axial direction (see Figs. 8-9; see [0056] above), towards said retracted resting position (see [0056]), avoiding the contact of said winding portion (24) with said brake pad (108) or said pad-holding spring (12; see Figs. 6-9; [0051] – “helical loops 24 are free of contact with the pad clip 12”).
Regarding Claim 17, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 16,
wherein said winding portion (Figs. 8-9, 24) comprises a plurality of coils (see Fig. 8) wound around said winding axis (central axis of 24 seen in Fig. 9A),
wherein the plurality of coils (24) elastically deforms by torsion thus elastically biasing said coupling portion (26) towards said retracted resting position (see [0056] above), preventing elastic deformation by bending in the axial direction (A-A) in the linking arm (22) or in the coupling portion (26); and
wherein said winding axis (central axis of 24 seen in Fig. 9A) is oriented substantially parallel to the axial direction (A-A) or perpendicular to the axial direction (A-A; the winding axis taught by Reuss is perpendicular to the A-A direction seen in Examiner Fig. 1).
Regarding Claim 18, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 17,
wherein said plurality of coils (Figs. 8-9, 24) comprises at least one first coil and one second coil (two seen in Fig. 8), or said plurality of coils (24) are concentric forming a cylindrical or conical helical portion of the pad return spring (14), and wherein said at least one wire (wired portion of 14) has a wire diameter (see Figs. 8-9),
wherein said winding portion (24) has a winding pitch comprised between said wire diameter and 4/3 of the wire diameter (see Figs. 8 and 9B), wherein said winding pitch is defined as the distance along the winding axis between the centers of at least two adjacent coils (24; see Figs. 8 and 9B).
Regarding Claim 19, Reuss teaches a brake pad assembly (Figs. 1-2 and 6-7; 100 and 108) for the brake caliper (“caliper housing” 102), comprising at least one brake pad (108) and at least one pad-holding spring and pad return spring assembly (12, 14, respectively) according to claim 11,
wherein said pad-holding spring and pad return spring assembly (12, 14) is connectable to said brake pad (108),
wherein said brake pad (108) comprises friction material (“frictional material” 124) and a support plate (“pressure plate” 118) supporting said friction material (124),
wherein said support plate (118) comprises at least one guiding ear (130) protruding laterally in the circumferential direction (C-C),
wherein said C-shaped section (Figs. 4 and 6-7; 30, 36, 38) of said pad-holding spring (12) is configured to accommodate said guiding ear (130) so as to bias said brake pad (108) in the circumferential direction (C-C) and the radial direction (R-R),
wherein said coupling portion (Figs. 8-9, 26) of said pad return spring (14) is configured to engage said guiding ear (130) so as to bias said brake pad (108) in the axial direction away (A-A) from the disc brake (106) by means of a winding portion (24) distanced by at least said linking arm (22) from said coupling portion (26), or by preventing the uncoupling of said coupling portion (26) from said brake pad (108).
Regarding Claim 20, Reuss teaches the brake pad assembly according to claim 19, further comprising:
the caliper body (Figs. 1-2 and 6-7; 104) connectable to a vehicle (not shown) and adapted to be arranged straddling the disc brake (106),
wherein said caliper body (104) comprises at least one recess (for receiving 12 and 130),
wherein said pad-holding spring (12) is interposed at least between said guiding ear (130) and said recess (recessed portion of 104),
wherein said coupling portion (26) of said pad return spring (14) is coupled with said guiding ear (130) to bias it in the axial direction away (A-A) from said disc brake (106; see [0056] above).
Response to Arguments
The Applicant's arguments filed May 11th, 2026 are in response to the Office Action mailed February 9th, 2026. Examiner acknowledges the allowable subject matter of claim 14, along with intervening claims 11 and 13, has been drafted as new independent claim 21. The Applicant's arguments have been fully considered.
Response to Claim Objections
Regarding Claims 11, 13-15 and 18-20, Applicant’s amendment addresses various minor informalities indicated in the previous Office Action. As such, the relevant claim objections are withdrawn.
Response to Claim Rejections - 35 USC § 112
Regarding Claims 11, 15, 17 and 20, Applicant’s amendment has clarified the invention. As such, the relevant 112(b) rejections indicated in the previous Office Action are withdrawn.
Response to Claim Rejections - 35 USC § 102 and/or 103
Regarding Claim 11, Applicant’s argument that “This clarification is not found in the prior art as Reuss fails to disclose a spring mechanism that generates an axial biasing force through the torsional deformation of coils. While the Office Action alleges that Reuss discloses coils, their function is to bend and flex as a unit, not to deform by torsion - i.e. twist - around their axis to provide axial thrust. Reuss discloses a retraction spring with a bias device comprising one or more helical loops (coils), which stores energy during brake apply and releases it during brake release. However, the mechanism described in Reuss is compression, expansion, or axial stretching of the coils - not torsional deformation. The bias device in Reuss stores energy by changing the diameter or length of the coil, and the retraction arm transfers force to/from the bias device. There is no disclosure, either explicit or inherent, that the coils twist about their axis to generate the axial biasing force required by the amended claim” (p. 9) is not persuasive as evidenced by Applicant’s disclosure.
Original claim 17 recited “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”. In other words, the winding portion (Fig. 13, 17) disclosed by Applicant comprises a winding axis (A) that is oriented perpendicular to the axial direction (A-A) and elastically deforms by torsion. Reuss also teaches a winding axis (Examiner Fig. 1, AHL) that is oriented perpendicular to an axial direction (A-A); therefore, Reuss teaches “wherein said plurality of coils elastically deforms by torsion to elastically bias said coupling portion towards said retracted resting position in the axial direction”. See detailed and relevant rejections presented above.
In conclusion, amended claims 11-13 and 16-20 are rejected. See detailed and relevant rejections set forth above. Amended claims 14-15 are objected to as being dependent upon rejected base claim 11. New claim 21 is allowed. See allowable subject matter set forth below.
Allowable Subject Matter
Claims 14-15 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.
Claim 21 is allowed.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Zhang (CN 108 825 682) listed in the attached "Notice of References Cited" discloses a similar brake pad return spring comprising a winding portion related to various aspects of the claimed invention.
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 James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655
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