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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “8” has been used to designate both the first tapered part and annular thrust device seat in Fig. 5. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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.
Specification
The disclosure is objected to because of the following informalities: The list of reference signs at the end of the specification dated 26th October 2023 do not agree with the list of reference signs in the specification dated 25th October 2023 or the corresponding drawings dated 25th October 2023.
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.
Claims 17-18, 21, and 23-24 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 17 recites the limitation “comprising one or more of the following features” and then proceeds to recite the limitation “or” between “wherein…axial axis” and “wherein…thrust direction.” Thus, it is unclear if the features described above the line “wherein…axial axis” are intended to be potentially claimed in conjunction (i.e. and/or) with the claims in and below the line “wherein…thrust direction” or are intended to be claimed only separately (i.e. or). For the purposes of examination, the limitation “or” will be considered to read “and/or”.
Claim 18 is rejected because of its dependency on an indefinite Claim 17, as it includes all the limitations of Claim 17 and does not resolve the issues identified in rejections set forth above.
Claim 21 recites the limitation "undercut anchoring portion." There is insufficient antecedent basis for this limitation in the claim, and as such it is unclear if this is meant to refer to the “anchoring portion” first established in Claim 1 or to a separate structure. For purposes of examination “undercut anchoring portion” will be considered to refer to the “anchoring portion” established in Claim 1.
Claim 23 recites the limitation “wherein said method for assembling said thrust device to said brake pad includes the steps of.” There is insufficient antecedent basis for this limitation in the claim, and as such it is unclear whether this refers to “A method for reversibly connecting the thrust device to the brake pad, comprising the steps of” or a separate method. For purposes of examination this line will be ignored, as if it refers to “A method for reversibly connecting the thrust device to the brake pad, comprising the steps of” the limitation will be redundant.
Claim 24 is rejected because of its dependency on an indefinite Claim 23, as it includes all the limitations of Claim 23 and does not resolve the issues identified in rejections set forth above.
Additionally, Claim 23 recites the limitation “first insertion step” and “second insertion step” these terms are not adequately defined in the specification or drawings, thus it is unclear if “first insertion step” and “second insertion step” are intended to refer to specific structures in the invention or intended to delineate the order of steps being performed in the method of Claim 23. For purposes of examination “first insertion step” and “second insertion step” are being interpreted as delineations of the order of steps in the method.
Similarly, Claim 24 recites the limitation “first extraction step” and “second extraction step” these terms are not adequately defined in the specification or drawings, thus it is unclear if “first extraction step” and “second extraction step” are intended to refer to specific structures in the invention or intended to delineate the order of steps being performed in the method of Claim 24. For purposes of examination “first insertion step” and “second insertion step” are being interpreted as delineations of the order of steps in the method.
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 13-14, 17, 19-24 are rejected under 35 U.S.C. 103 as being unpatentable over Alexander (US 20070170018 A1) in view of McGuire (US 5836429 A).
Regarding Claim 13, Alexander discloses a brake pad and thrust device assembly for a brake caliper, comprising at least one brake pad (112) and at least one thrust device (120), wherein said at least one thrust device (120) is reversibly connectable to the brake pad (112), wherein said at least one thrust device (120) is adapted to bias said brake pad along a thrust direction resting against a braking surface of a brake disc (16) to apply a braking action to a vehicle, said at least one thrust device (120) defining a radial direction, wherein said radial direction is incident and/or perpendicular to said thrust direction (see Fig. 1, Fig. 7), said brake pad (112) comprising: a friction material (146) adapted to abut against said braking surface (16) and apply said braking action, a support plate (144) adapted to support said friction material (146) and receive a thrust of said at least one thrust device (20), wherein the support plate (144) comprises a support surface adapted to face the friction material (146) and support it, and a thrust surface adapted to receive said at least one thrust device (20) resting thereon, at least one pin (80) extending along a pin extension axis between a pin root (82) and a free pin end (86), wherein each pin (80) is firmly fixed to the brake pad (146) by protruding in a cantilevered manner from the plate (144) on the side of said thrust surface, wherein said at least one thrust device (120) comprises a thrust device body (114) internally delimiting, with an inner thrust device surface (130) extending about a thrust device axis either parallel to or coincident with said thrust direction, a thrust device cavity having at least one cavity opening substantially facing said brake pad (see Fig. 6), wherein said brake pad and thrust device assembly comprises at least one retention device (132), wherein said retention device (132) comprises at least one anchoring portion (174) adapted to constrain said retention element to said inner thrust device surface (see Fig. 5), wherein said retention device is housed in said thrust device cavity and is constrained to said inner thrust device surface, wherein, in an assembled configuration of said at least one pad (112) and said at least one thrust device (120), said at least one retention device (132) holds said pin (80) within said thrust device cavity at least by applying an axial force to said pin along said thrust direction or a direction parallel thereto by biasing said thrust device into abutment against said brake pad (see Fig. 5, Fig. 6), wherein said at least one retention device (132) holds said pin (80) within said thrust device cavity by applying a radial force towards said pin along said radial direction or a direction parallel thereto so as to prevent said brake pad from sliding (see Fig. 5, Fig. 6), wherein said retention device comprises at least a first retention arm (A) and at least a second retention arm (B) (see Annotated Fig. 5 below), which extend from said at least one anchoring portion (174) into said thrust device cavity (see Fig. 5, Fig. 6), wherein said at least a first retention arm (A) and said at least a second retention arm (B) are elastically movable with respect to a resting configuration away from and towards said thrust device axis (see [0039-0043]).
Alexander does not disclose wherein each pin (80) comprises a coupling and insertion portion, wherein said coupling and insertion portion comprises a first tapered portion and a second tapered portion.
McGuire teaches a pin for fastening in brake retention elements which comprises a coupling and insertion portion (C) (see Annotated Fig. 2 below), wherein said coupling and insertion portion comprises a first tapered portion (A1) and a second tapered portion (B1), wherein said first tapered portion comprises (A1) said free pin end, wherein said first tapered portion (A1) is tapered in an opposite direction to said second tapered portion (B1), so as to wedge said pin between said at least a first retention arm and said at least a second retention arm with said first tapered portion during the insertion of the pin into the cavity of the thrust device along said thrust direction, and so as to elastically abut said at least a first retention arm and said at least a second retention arm against said second tapered portion in said assembled configuration by applying said radial restraining force in the radial direction towards said pin and said axial restraining force in the axial direction by biasing said thrust device into abutment against said support plate, opposing the disassembly of the brake pad from the thrust device (see Annotated Fig. 2 below, Fig. 2).
It would have been obvious to combine the pin of McGuire with the brake pad and thrust device assembly of Alexander in order to make it easier to install the retention device (see US 5836429 A [McGuire]; 2: 24-32)
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Annotated Alexander Fig. 5
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Annotated McGuire Fig. 2
Regarding Claim 14, Alexander modified by McGuire teaches the brake pad and thrust device assembly according to Claim 13, wherein said coupling and insertion portion (C) (see McGuire Annotated Fig. 2 above), going along said pin extension axis from said free pin end towards said pin root, comprises said first tapered portion (A1) and said second tapered portion (B2) in sequence, wherein said first tapered portion (A1) and said second tapered portion (B2) are adapted to be inserted between said first retention arm (A) (see Alexander Annotated Fig. 5 above) and said second retention arm (B) at least partially sliding against said first retention arm (A) and said second retention arm (B) until said thrust device abuts against said support plate (144) (see Alexander Fig. 6) to connect said thrust device (120) to said brake pad (112) in said assembled configuration, wherein said first tapered portion (A1), going along said pin extension axis from said free pin end towards said second tapered portion (B1), widens in section away from said pin extension axis, so as to wedge said pin between said first retention arm (A) and said second retention arm (B) during said insertion, wherein said second tapered portion (B1), going along said pin extension axis from said first tapered portion (A1) towards said pin root, narrows in section towards said pin extension axis so that in said assembled configuration said first retention arm and said second retention arm apply said radial restraining force towards said pin extension axis and said axial restraining force in said thrust direction while keeping said thrust device (120) abutting against said support plate (144), opposing a disassembly of the brake pad (112) from the thrust device (120) (see Alexander Fig. 6).
Regarding Claim 17, Alexander modified by McGuire teaches the brake pad and thrust device assembly according to Claim 13 comprising: wherein said pin (60) comprises a plateau portion (P) between said first tapered portion (A1) and said second tapered portion (B1) (see McGuire Annotated Fig. 2 B below), wherein said plateau portion (P) is flat and parallel to said thrust direction and/or to said pin extension axis, and wherein said coupling and insertion portion of said pin extends with axial symmetry about said axial direction, and wherein said coupling and insertion portion of said pin has a symmetry plane parallel to said thrust direction and wherein said first tapered portion and said second tapered portion are delimited by respective at least partially conical surfaces (see McGuire Fig. 2, Annotated Fig. 2 B below).
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Annotated McGuire Fig. 2 B
Regarding Claim 19, Alexander modified by McGuire teaches the brake pad and thrust device assembly according to Claim 13, further comprising: wherein said retention device (132) (see Alexander Fig. 6) is a wire spring, and wherein said anchoring portion (174) extends along a circular direction about said axial direction between a first end and a second end, wherein said first retention arm (A) (see Annotated Alexander Fig. 5 above) extends from said first end and said second retention arm (B) extends from said second end, and wherein said retention device (132) is bent in a plane transverse to said thrust direction, forming an open loop with said anchoring portion (174) adapted to elastically interfere along said radial direction or a direction parallel thereto against said inner thrust device surface (130) (see Alexander Fig. 7, Alexander [0039-0043]), and wherein said first retention arm (A) and said second retention arm (B) are bent so as to accommodate and clamp the coupling and insertion portion of said pin, and wherein said first retention arm (A) and said second retention arm (B) are bent so that a portion of the second retention arm (B) is transverse to a direction parallel to the extension direction of the first retention arm (A), and wherein said retention second arm (B) is bent in a hook (see Alexander Fig. 6)
Regarding Claim 20, Alexander modified by McGuire teaches the brake pad and thrust device assembly according to Claim 13, wherein said thrust device (120) comprises an annular thrust device mouth (see Fig. 7), wherein said annular thrust device mouth is configured to abut against the thrust surface, wherein said annular thrust device mouth delimits the cavity opening of thrust device (120); wherein when said thrust device (120) and said brake pad (112) are in an assembled configuration, said retention device (132) applies said radial restraining force in the radial direction towards said pin (80) and said axial restraining force in the thrust direction which keeps the annular thrust device mouth abutting against the thrust surface, opposing a disassembly of the brake pad from the thrust device, and keeping the support plate parallel to the thrust device annular mouth (see Alexander [0041]).
Regarding Claim 21, Alexander modified by McGuire teaches the brake pad and thrust device assembly according to claim 13, wherein said inner thrust device surface (130) defines a groove (128) adapted to form an annular thrust device seat to house said undercut anchoring portion, wherein said annular thrust device seat (128) is delimited along a direction parallel to said thrust direction by two circular crown walls spaced apart from each other to allow the insertion of said anchoring portion (174) by constraining it to said inner thrust device surface (130), and wherein said thrust device cavity comprises a first cavity portion adapted to allow the insertion of the retention device (132), an annular thrust device seat adapted to house the retention device (128), and a second cavity portion adapted to house the first tapered portion and the plateau portion when said thrust device and said brake pad are in an assembled configuration with said annular thrust device mouth abutting against said plate (see Alexander Fig. 5, Fig. 6, Fig. 7)
Regarding Claim 22, Alexander modified by McGuire teaches the brake caliper comprising the caliper body adapted to straddle the brake disc, and the at least one brake pad and thrust device assembly according to claim 13, wherein each thrust device (120) and the respective brake pad (112) are in an assembled configuration, wherein each thrust device is housed in a respective thrust device seat made in the caliper body (see Fig. 5).
Regarding Claim 23, Alexander modified by McGuire teaches a method for reversibly connecting the thrust device to the brake pad, comprising the steps of: providing a brake pad and thrust device assembly according to Claim 13, wherein said retention device (132) with said anchoring portion (174) is constrained to said inner thrust device surface (130), so that said first retention arm (A) and said second retention arm (B) (see Annotated Fig. 5 above) are within said thrust device cavity, wherein said method for assembling said thrust device to said brake pad includes the steps of: approaching said thrust device (120) along said thrust direction from the side of said cavity opening to said pin, or vice versa, by inserting said pin into said thrust device cavity, pushing said thrust device (120) along said thrust direction towards said brake pad (112), or vice versa, by wedging in a first insertion step said pin between said first retention arm and said second retention arm, with said first tapered portion, and sliding in a second insertion step said second tapered portion between said first retention arm and said second retention arm until said thrust device abuts against said support plate, and until said first retention arm and said second retention arm elastically abut against said second tapered portion in a coupling configuration by applying a radial restraining force in a radial direction towards said pin and an axial restraining force in the axial direction which keeps said thrust device abutting against said support plate (see Alexander [0039], [0042-0043], Fig. 5, Fig. 6).
Regarding Claim 24, Alexander modified by McGuire teaches the method according to Claim 23, wherein for separating said thrust device from said brake pad, said method comprises the steps of: pulling said thrust device along said thrust direction away from said brake pad, or vice versa, by wedging in a first extraction step said pin between said first retention arm and said second retention arm with said second tapered portion overcoming said restraining force, and sliding in a second extraction step said first tapered portion between said first retention arm and said second retention arm until said first retaining arm and said second retention arm are in said resting configuration (see Alexander [0039] [0044], Fig. 5, Fig. 6).
Allowable Subject Matter
Claims 15-16 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.
Regarding Claims 15, Alexander (US 20070170018 A1) in view of McGuire (US 5836429 A) teach The brake pad and thrust device assembly according to Claim 13, wherein said first retention arm (A) and said second retention (B) (see Annotated Fig. 5 above) arm are elastically movable towards and away from said pin extension axis, along said radial direction or a direction parallel thereto which is orthogonal and/or incident to said pin extension axis, between said resting configuration and at least one interference configuration, wherein in said resting configuration, said first retention arm (A) and said second retention (B) arm are spaced apart by a resting distance, and wherein in said at least one interference configuration, said first retention arm (A) and said second retention arm (B) are spaced apart by a clamping distance in contact with said coupling and insertion portion of said pin, wherein said first retention arm (A) and said second retention arm (B) is constantly elastically biased towards said resting configuration.
Alexander in view of McGuire does not teach wherein said clamping distance is greater than said resting distance.
Regarding Claim 16, it is dependent on a potentially allowable Claim 15, thus it would be potentially allowable as results of its dependency.
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, to include all of the limitations of the base claim and any intervening claims, and if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 18, Alexander (US 20070170018 A1) in view of McGuire (US 5836429 A) teach the brake pad and thrust device assembly according to Claim 17 wherein said first tapered portion comprises, in sequence from said free pin end towards said pin root, a first tapered part and a second tapered part, wherein said first tapered part has a first taper angle with respect to said pin extension axis, wherein said second tapered part has said second taper angle with respect to said pin extension axis.
Alexander in view of McGuire does not teach wherein said first taper angle is greater than said second taper angle, and/or wherein said third taper angle is between said second taper angle and said first taper angle.
Conclusion
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616