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 .
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.
Claim(s) 1-8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0298963 A1 to Demorais et al. in view of US 11,460,082 to Al-Mahshi et al.
Re-claim 1, Demorais et al. teach a brake device comprising: a brake pad 7 with first and second side surfaces and a plurality of protrusions (see figure 3) extending from the first and second side surfaces; a pad pusher 92 is connected to the brake pad and moves the brake pad linearly; a caliper body 6 has a cylinder space (see figures 16 and 17), the pad pusher is seated at the cylinder space (figure 17); a pad carrier (figure 20b) is connected to the caliper body and guides the plurality of protrusions, the pad pusher includes: a bolt screw 27 configured to rotate with respect to an axis within the cylinder space; a movable nut 28 is connected to the bolt screw; a piston 18 is connected to an end of the movable nut, the nut 28 moves in a moving direction corresponding to a longitudinal direction of the cylinder space when the bolt screw rotates, the piston 18 has a cylindrical shape and includes a front surface having a front opening, a rear surface having a rear opening (figure 4 shows a passage extending through the piston body 18), and a piston cover 5 covers the front surface. However, Demorais et al. fail to teach the movable nut 28 having a longitudinal length greater than that of the piston 18.
Al-Mahshi et al. teach a brake device having a piston 28 and a nut 32. The longitudinal length of the nut relative to the piston can vary as desired, see for instance figures 10 and 12. Figure 12 shows nut having a shorter length, as in Demorais et al., whereas figure 10 shows a nut having a longer longitudinal length than the piston. This arrangement is seen as a matter of choice for the artisan, and would have been dictated by the space considerations for the brake device. As such 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 brake device of Demorais et al. with a nut having a longer longitudinal length than the piston as suggested by Al-Mahshi et al., as a matter of design choice, as having a nut with either a shorter length or longer length would not have affected the intended operation or function of the brake device.
Re-claim 2, the movable nut 28 has a rotation-preventing protrusion (see figure 10b and
anti-rotation features 41/42, see also paragraph 67 which describes various types of anti-rotation
features that can be used) is disposed at the end of the movable nut and extends in a direction
perpendicular to the moving direction of the movable nut (this can be one of splines, recesses,
protrusions as disclosed), the piston includes a rotation-preventing groove disposed
corresponding to the rotation-preventing protrusion, and the rotation-preventing protrusion is
located within the rotation-preventing groove. The piston portion 5 will have corresponding
anti-rotation features to fit the features of the nut.
Re-claim 3, the brake pad 7 includes a pad connection protrusion (such as 75) extending
perpendicular to a surface of a back plate 11, the piston includes a pad connection groove 76
disposed corresponding to the pad connection protrusion, and the pad connection protrusion is
located within the pad connection groove.
Re-claim 4, the rotation-preventing protrusion includes a plurality of rotation-preventing
protrusions disposed outside the cylinder space at a regular spacing in a circumferential direction
of the movable nut, the rotation-preventing groove includes a plurality of rotation-preventing
grooves corresponding respectively to the plurality of rotation-preventing protrusions. As shown in figure 17, the distal end of element 5 is outside the cylinder space, which is defined as stopping at recess 53. The anti-rotation features present between the nut 28 and the distal end of
5 will be outside the cylinder space.
Re-claim 5, the pad connection groove includes a plurality of connection grooves 76
disposed at a regular spacing in a circumferential direction of the piston, and the pad connection
protrusion includes a plurality of pad connection protrusions 75 respectively disposed
corresponding to the plurality of pad connection grooves (see paragraph 45, note the plurality of
protrusions that can be present).
Re-claim 6, the movable nut includes a first groove extending on an outer surface of the
end of the movable nut in the circumferential direction of the movable unit, the piston includes a
second groove extending on an inner surface of the piston in a circumferential direction of the
piston, and a seal is disposed at a space defined by the first groove and the second groove.
Re-claim 7, the cylinder space includes a third groove 53 extending along an edge of an
entrance of the cylinder space, the piston includes a fourth groove 54 extending along a
circumference of an outer circumferential surface of the piston, and the pad pusher further
includes a boot 52 having a first end located within the third groove and a second end located
within the fourth groove.
Re-claim 8, the piston cover 5 is adhered to the back plate 11 of the brake pad 7 (see also
figure 4 and note connections 25).
Re-claim 10, Demorais et al. teach a brake device comprising: a brake pad 7 having first and second side surfaces and a plurality of protrusions extending from the first and second side surfaces (see figure 3); a pad pusher connected to the brake pad and moves the brake pad; a caliper body 6 has a cylinder space, the pad pusher is seated at the cylinder space; a pad carrier (see figure 20b) is connected to the caliper body and linearly guides the plurality of protrusions, the pad pusher includes: a bolt screw 27 that rotates with respect to an axis within the cylinder space; a movable nut 28 is connected to the bolt screw; a piston 18 is connected to an end of the movable nut, the movable nut is moves in a longitudinal direction of the cylinder space by rotation of the bolt screw, the piston is configured to prevent the rotation of the movable nut. The piston is non-rotationally connected to the brake pad, the pad is non-rotationally connected to the brake caliper body 6 via the protrusions. This combination of features will restrain the piston from rotation, and as such the nut. However, Demorais et al. fail to teach the movable nut 28 having a longitudinal length greater than that of the piston 18.
Al-Mahshi et al. teach a brake device having a piston 28 and a nut 32. The longitudinal length of the nut relative to the piston can vary as desired, see for instance figures 10 and 12. Figure 12 shows nut having a shorter length, as in Demorais et al., whereas figure 10 shows a nut having a longer longitudinal length than the piston. This arrangement is seen as a matter of choice for the artisan, and would have been dictated by the space considerations for the brake device. As such 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 brake device of Demorais et al. with a nut having a longer longitudinal length than the piston as suggested by Al-Mahshi et al., as a matter of design choice, as having a nut with either a shorter length or longer length would not have affected the intended operation or function of the brake device.
Re-claim 11, the piston cover 5 has a flat surface that covers the front opening of the front surface of the piston 18 in its entirety. Figures 3 and 4 show this coverage of front surface by the piston cover.
Re-claim 12, the piston 18 has a cylindrical shape and includes a front surface having a front opening, a rear surface having a rear opening, and a piston cover 5 has a flat surface covering the front opening of the front surface in its entirety.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Demorais et al. and Al-Mahshi et al. as applied to claim 8 above, and further in view of US 2022/0316539 A1 to Smith et al.
Demorais et al. fail to teach the piston cover 5 made from a plastic material.
Smith et al. teach a piston structure having a cover 5 made from a plastic material (see paragraph 32). The plastic material has a heat-insulating property, and would have reduced the overall weight of the piston. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to made the piston cover of Demorais et al. from a plastic material as taught by Smith et al., thus reducing the overall weight of the piston as well as reduce the transmission of heat to the brake fluid.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Franke teaches a nut having a length approximate or greater than a length of a piston.
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 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 /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 July 7, 2026
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