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 .
Drawings
Figures 2 and 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 11-14 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.
Regarding claim 11 lines 13-14, it is unclear if the recitation “a side protrusion” is intended to reference the previously recited side protrusion (line 3), or another side protrusion.
Claims 12-14 are rejected due to their dependence upon 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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-4, 6, 7, 10-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0318905 A1 to Merrien et al.
Re-claim 1, Merrien et al. disclose a pad liner seated within a caliper body and supporting a brake pad 12, the pad liner comprising: a first pad clip 22 surrounds and is coupled to a side protrusion 26 protruding in a direction lateral from the brake pad; a torque support 28 is located under the first pad clip and is located between a side surface 38 of the brake pad and the caliper body 11, the torque support will support a braking torque, the first pad clip includes: a reference surface 25 located at a top surface 36 of the side protrusion 26; a vertical elastic portion 24 is located on a side of the first pad clip opposite from the reference surface 25 (see figure 5) and pressurizes (or biases) the side protrusion 26 in a direction of the reference surface (i.e. upward, see figure 6 and paragraphs 92-93, note the angle surface 24 has with respect to a base 34 and the surface 52); a clip side-portion 52 connects the reference surface 25 and the vertical elastic portion 24 to each other and surrounds a side surface (figure 6) of the side protrusion 26.
Re-claims 2 and 12, the clip side-portion 52 has a length greater than a length of the side protrusion 26 of the brake pad in a vertical direction (see figure 6, the side protrusion fits within a space defined by portion 52), an angle (such as α or β) between the vertical elastic portion 24 and the clip side portion 52 is equal to or smaller than 90 °.
Re-claim 3, a caliper clip (formation above 25 and includes immobilization part 58) is located on the first pad clip, an upper protrusion (as part of 60, see figures 5 and 6) protrudes from the caliper body and inserted into the caliper clip.
Re-claim 4, a lower portion of the caliper clip is an upper portion of the first pad clip. Leg portion of the caliper clip includes portion 25, as in the instant invention.
Re-claims 6 and 13, a return spring 40 restores the brake pad to an original location after pressure release, the return spring includes: a second pad clip located inwardly of the first pad clip and surrounds the side protrusion (see figures 9 and 10) of the brake pad in a direction perpendicular (the perpendicular direction is not defined and may include a vertical direction as shown in Merrien et al. and in figure 6) to the first pad clip; a return elastic portion 48 extends from the second pad clip in a return direction of the brake pad, the return elastic portion has a U-shape such that an end thereof is seated on the caliper body. As shown in figure 4, portion 42 of the elastic return portion 48 sits within caliper seat 16, and thus is seated on the caliper body.
Re-claim 7, the second pad clip includes a fixing protrusion 46 within a fixing groove defined in the side protrusion 26 of the brake pad (see figure 10).
Re-claim 10, Merrien et al. disclose a pad liner seated within a caliper body and supporting a brake pad, the pad liner comprising: a first pad clip 22 surrounds and is coupled to a side protrusion 26 protruding in a direction lateral from the brake pad 12; a pad support 20 located under the first pad clip and between a side surface 38 of the brake pad 12 and the caliper body 11, the pad support 20 supports a braking torque; a return spring 40 restores the brake pad to an original location, the return spring includes: a second pad clip positioned inwardly of the first pad clip and surrounds the side protrusion of the brake pad in a direction perpendicular to the first pad clip (see figures 6 and 10, the perpendicular direction is one that is vertical with respect to the pad clip 22); a return elastic portion 48 extends from the second pad clip in a return direction of the brake pad, the return elastic portion 48 is a U-shape such that an end of the return elastic portion is seated on the caliper body. As shown in figure 4, portion 42 of the elastic return portion 48 sits within caliper seat 16, and thus is seated on the caliper body.
Re-claim 11, Merrien et al. disclose a brake device comprising: a caliper body 11; a brake pad 12 is disposed in the caliper body and includes side protrusions 26 protruding in a lateral direction on left and right-side surfaces of the brake pad, respectively; a pair of pad liners 22 are located between the caliper body and the left and right-side surfaces of the brake pad (see figure 1), respectively, each of the pad liners includes: a first pad clip that surrounds and is coupled to one of the side protrusions protruding in the lateral direction from the brake pad; a pad support 20 is located under the first pad clip and between the side surface 38 of the brake pad and the caliper body 11, the pad support 20 supports a braking torque, the first pad clip of each of the pad liners includes: a reference surface 25 located on a top surface 36 of a side protrusion; a vertical elastic portion 24 is located on a side of first pad clip opposite from the reference surface (see figures 5 and 6) and pressurizes the side protrusion in a direction of the reference surface; a clip side portion 52 connects the reference surface 25 and the vertical elastic portion 24 to each other and surrounds a side surface of the side protrusion.
Re-claim 15, Merrien et al. disclose a vehicle comprising: a vehicle body (i.e. motor vehicle, see paragraph 2); a wheel located beneath the vehicle body and configured to rotate (as is common with motor vehicles); a brake disc (see abstract) is coupled to the wheel and rotates with the wheel; a main braking caliper body 11 into which one end of the brake disc is inserted; a brake pad 12 is disposed in the caliper body and includes side protrusions 26 protruding in a lateral direction on left and right-side surfaces thereof, respectively; a pair of pad liners are located between the caliper body and the left and right-side surfaces of the brake pad, respectively, each of the pad liners includes: a first pad clip 22 configured to surround and coupled to one of the side protrusions protruding in the lateral direction from the brake pad; a pad support 20 is located under the first pad clip and between the side surface 38 of the brake pad and the caliper body, the pad support 20 support a braking torque, the first pad clip of each of the pad liners includes: a reference surface 25 located on a top surface 36 of the side protrusion; a vertical elastic portion 24 located on a side of the first pad clip opposite from the reference surface (see figures 5 and 6) to pressurize the side protrusion in a direction of the reference surface; a clip side portion 52 connects the reference surface 25 and the vertical elastic portion 24 to each other and surround a side surface of the side protrusion.
Claim(s) 1, 2 and 6-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0062879 A1 to Okada et al.
Re-claim 1, Okada et al. disclose a pad liner 14 seated within a caliper body 121 and supporting a brake pad 13, the pad liner comprising: a first pad clip that surrounds and is coupled to a side protrusion 132 protruding in a direction lateral from the brake pad; a torque support 146 is located under the first pad clip and is located between a side surface of the brake pad and the caliper body 11 (such as at 125), the torque support will support a braking torque, the first pad clip includes: a reference surface 141b (adjacent 123a) located at a top surface of the side protrusion 132; a vertical elastic portion 142 is located on a side of the first pad clip opposite from the reference surface (see figures 4 and 5) and pressurizes (or biases) the side protrusion 132 in a direction of the reference surface; a clip side-portion 141c connects the reference surface 141a and the vertical elastic portion 142 (via 141b) to each other and surrounds a side surface (see figure 4) of the side protrusion 132.
Re-claims 2 and 12, the clip side-portion 141c has a length greater than a length of the side protrusion 132 of the brake pad in a vertical direction (see figure 4), an angle between the vertical elastic portion 142 and the clip side portion 141c is equal to or smaller than 90 °. Figure 5 shows this relative angle.
Re-claims 6 and 13, a return spring 15 restores the brake pad to an original location after pressure release, the return spring includes: a second pad clip located inwardly of the first pad clip and surrounds the side protrusion (see figure 4) of the brake pad in a direction perpendicular (see figure 9) to the first pad clip; a return elastic portion extends from the second pad clip in a return direction of the brake pad, the return elastic portion has a U-shape such that an end thereof is seated on the caliper body. As shown in figure 15, portion 15a of the elastic return portion sits within caliper seat 123, and thus is seated on the caliper body.
Re-claim 7, the second pad clip includes a fixing protrusion within a fixing groove defined in the side protrusion 132 of the brake pad (see figure 14).
Re-claim 8, the second pad clip 15 further includes a centering elastic portion that protrudes toward the clip side portion 141c and maintains a gap from the clip side portion. Figures 15 and 16 show a curved portion that protrudes toward the clip side portion.
Re-claim 9, the clip side portion 141c further includes a pad deviation-preventing groove (such as portions on each side of 148, see figure 16), and an end 15a of the centering elastic portion is inserted into the pad deviation-preventing groove.
Re-claim 10, Okada et al. disclose a pad liner 14 seated within a caliper body 121 and supporting a brake pad 13, the pad liner comprising: a first pad clip surrounds and is coupled to a side protrusion 132 protruding in a direction lateral from the brake pad 13; a pad support 125 is located under the first pad clip and between a side surface 133 of the brake pad 13 and the caliper body 121, the pad support 125 supports a braking torque; a return spring 15 restores the brake pad to an original location, the return spring includes: a second pad clip positioned inwardly of the first pad clip and surrounds the side protrusion of the brake pad in a direction perpendicular to the first pad clip (see figure 14); a return elastic portion extends from the second pad clip in a return direction of the brake pad, the return elastic portion is a U-shape such that an end of the return elastic portion is seated on the caliper body. As shown in figures 14 and 15, portion 15a of the elastic return portion sits within caliper seat 123, and thus is seated on the caliper body.
Re-claim 11, Merrien et al. disclose a brake device comprising: a caliper body 121; a brake pad 13 is disposed in the caliper body and includes side protrusions 132 protruding in a lateral direction on left and right-side surfaces of the brake pad, respectively; a pair of pad liners 14 are located between the caliper body and the left and right-side surfaces of the brake pad (see figure 3), respectively, each of the pad liners includes: a first pad clip that surrounds and is coupled to one of the side protrusions protruding in the lateral direction from the brake pad; a pad support 125 is located under the first pad clip and between the side surface 133 of the brake pad and the caliper body 121, the pad support 125 supports a braking torque, the first pad clip of each of the pad liners includes: a reference surface 141a located on a top surface of the side protrusion 132; a vertical elastic portion 142 is located on a side of first pad clip opposite from the reference surface (see figures 4 and 5) and pressurizes the side protrusion in a direction of the reference surface; a clip side portion 141c connects the reference surface 141a and the vertical elastic portion 142 to each other and surrounds a side surface of the side protrusion.
Re-claim 15, Merrien et al. disclose a vehicle comprising: a vehicle body ( see paragraph 10); a wheel located beneath the vehicle body and configured to rotate (see paragraph 10); a brake disc 11 is coupled to the wheel and rotates with the wheel; a main braking caliper body 121 into which one end of the brake disc is inserted; a brake pad 13 is disposed in the caliper body and includes side protrusions 132 protruding in a lateral direction on left and right-side surfaces thereof, respectively; a pair of pad liners are located between the caliper body and the left and right-side surfaces of the brake pad, respectively, each of the pad liners includes: a first pad clip 14 surrounds and is coupled to one of the side protrusions protruding in the lateral direction from the brake pad; a pad support 125 is located under the first pad clip and between the side surface 133 of the brake pad and the caliper body 121, the pad support 125 supports a braking torque, the first pad clip of each of the pad liners includes: a reference surface 141a located on a top surface of the side protrusion; a vertical elastic portion 142 located on a side of the first pad clip opposite from the reference surface (see figure 4) to pressurize the side protrusion in a direction of the reference surface; a clip side portion 141c connects the reference surface 141a and the vertical elastic portion 142 to each other and surround a side surface of the side protrusion.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merrien et al. in view of US 8,397,880 to Chelaidite.
Merrien et al. teach the first pad clip and torque support includes a pair of first pad clips and a pair of torque supports (such as on opposing sides of the brake disk). However, Merrien et al. is silent regarding a bridge connecting upper portions of the pair of first pad clips.
Chelaidite teach a pair of pad clips as separate or connected by a bridge (see figures 3 and 4). The bridge connection would speed assembly, as this would require one step rather than two steps when inserting the pad clip to caliper body. Therefore, as shown by Chelaidite, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have connected the first pair of pad clips in Merrien et al. together via a bridge at the upper portions as taught by Chelaidite, as this would have provided a unitary first pad clip.
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. in view of Chelaidite.
Re-claims 3 and 4, Okada et al. fail to teach a caliper clip located on the first pad clip 14, or an upper protrusion protruding from the caliper body 121 inserted into the caliper clip; or a lower portion of the caliper clip is an upper portion of the first pad clip.
Chelaidite teaches a first pad clip 8 having a caliper clip 40 located on the pad clip, an upper protrusion 42 is inserted into the caliper clip, and a lower portion of the caliper clip forms an upper portion of the pad clip (see figure 3). The caliper clip provides an interference fit for the pad clip (see column 15 lines 38-47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first pad clip of Okada et al. with a caliper clip engaging an upper protrusion feature of the caliper body as taught by Chelaidite, so as to provide an interference fit for the pad clip, thereby retaining the pad clip in its proper position.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. in view of Chelaidite.
Okada et al. teach the first pad clip and torque support includes a pair of first pad clips and a pair of torque supports (such as on opposing sides of the brake disk, see figure 2). However, Okada et al. is silent regarding a bridge connecting upper portions of the pair of first pad clips.
Chelaidite teach a pair of pad clips as separate or connected by a bridge (see figures 3 and 4). The bridge connection would speed assembly, as this would require one step rather than two steps when inserting the pad clip to caliper body. Therefore, as shown by Chelaidite, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have connected the first pair of pad clips in Okada et al. together via a bridge at the upper portions as taught by Chelaidite, as this would have provided a unitary first pad clip.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Katagiri, Kobayashi, Miura, Miyake, Brizendine, Barbosa, Burgdorf, Kamiya and Yukumi each teach a pad clip and/or return spring having features pertinent to the instant invention.
Any inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
January 29, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616