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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/28/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(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 1-11, 23-26, 28 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Evans (US 5,921,354).
Regarding claim 1, Evans discloses a disc brake caliper (10; figs. 1-10) for a human-powered vehicle, the disc brake caliper comprising:
a hydraulic caliper body (11-14, 17, 18, 74) including a first cylinder (11 in fig. 4) and a first attachment portion (74 in fig. 3) configured to couple a mechanical caliper body (40) being configured to be operated by a cable (90); and
a first hydraulic piston (27) movably provided in the first cylinder (11) to move a first brake pad (20, 21) into contact with a rotor (31), the first hydraulic piston (27) being configured to be operated by a hydraulic fluid (note the hydraulic actuation means 26).
Re-claim 2, Evan discloses wherein the first attachment portion (74) is configured to detachably couple the mechanical caliper body (40) thereto (note the caliper body 40 is detachably connected to the attachment assembly 74 via bolts 77 as shown in fig. 3).
Re-claim 3, Evan discloses a first fixing member (77a) configured to detachably couple the mechanical caliper body to the first attachment portion of the hydraulic caliper body.
Re-claim 4, Evan discloses wherein the hydraulic caliper body further includes a second attachment portion that is offset from the first attachment portion (note the two offset attachment portions of the attachment assembly 74 as shown in fig. 3).
Re-claim 5, Evan discloses wherein the first attachment portion is provided on an outbound side of the hydraulic caliper body and the second attachment portion is provided on an inbound side of the hydraulic caliper body (note the two offset attachment portions of the attachment assembly 74 as shown in fig. 3).
Re-claim 6, Evan discloses a second fixing member (77) configured to detachably attach the second attachment portion to the mechanical caliper body.
Re-claim 7, Evan discloses wherein the first fixing member has a first fixing axis and the second fixing member has a second fixing axis that is parallel to the first fixing axis in a state where the first fixing member and the second fixing member are attached to the hydraulic caliper body (note the fixing members 77 in figs. 3 and 5).
Re-claim 8, Evan discloses the mechanical caliper body (40) coupled to the hydraulic caliper body (11-14, 17, 18, 74).
Re-claim 9, Evan discloses wherein the mechanical caliper body (40) is positioned on an upstream side of the hydraulic caliper body (11-14, 17, 18, 74) relative to a rotational direction of the rotor (31).
Re-claim 10, Evan discloses a mechanical piston (43) movably provided in the mechanical caliper body and configured to move a brake pad (41, 42) into contact with the rotor.
Re-claim 11, Evan discloses an intermediate member (93) movably provided in the mechanical caliper body and having a cable attachment portion (90) configured to be coupled to a cable (91), the intermediate member being configured to move the mechanical piston (43) in response to movement of the cable during a braking operation.
Re-claim 23, Evan discloses wherein the intermediate member (93) is configured to pivot about a pivot axis (60 in fig. 8), the mechanical piston (43) is configured to move along a mechanical piston axis (56 in fig. 8), and the pivot axis is different from the mechanical piston axis.
Re-claim 24, Evan discloses wherein the pivot axis (60) is not parallel to the mechanical piston axis (56).
Re-claim 25, Evan discloses wherein the pivot axis (60) is perpendicularly arranged relative to the mechanical piston axis (56).
Re-claim 26, Evan discloses a biasing element (92) configured to bias the intermediate member (93) to a non-actuated position.
Re-claim 28, Evan discloses wherein the hydraulic caliper body (11-14, 17, 18, 74) includes a coupling portion (15, 16a) configured to couple the hydraulic caliper body to a vehicle body of the human-powered vehicle.
Re-claim 29, Evan discloses wherein the coupling portion (15, 16a) includes a first coupling hole and a second coupling hole.
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.
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 1-22 and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Swift (US 3,321,049) in view of Cantoni et al. (US 8,544,613 B2).
Regarding claims 1, 11, 15, 19 and 22, Swift discloses a disc brake caliper (figs. 1-8) for a human-powered vehicle, the disc brake caliper comprising:
a hydraulic caliper body (20, 75) including a first cylinder (21) and a first attachment portion (82-84) configured to couple a mechanical caliper body (50) being configured to be operated by an actuating lever (58); and
a first hydraulic piston (22) movably provided in the first cylinder (21) to move a first brake pad (23, 24) into contact with a rotor (15), the first hydraulic piston (22) being configured to be operated by a hydraulic fluid (note the fluid pressure inlet 40).
Swift discloses all claimed limitations as set forth including the mechanical caliper body or housing comprising the actuating lever (58) and an intermediate member (60) includes an actuating arm (58) extending radially from a first shaft (73) with respect to a pivot axis of the first shaft, wherein the actuating arm and a cam portion (62) are a one-piece member, but fails to disclose a cable to actuate the braking of the mechanical caliper body as recited in the claim. However, Cantoni et al. discloses a similar disc brake caliper assembly comprising: a hydraulic caliper body and a mechanical caliper body coupled to the hydraulic caliper body, wherein the mechanical caliper body (50) comprising a cable assembly, wherein the caliper is configured to be operated by a cable. It would have been obvious to one having ordinary skill in the art at the time before the filing date of the present application was made to operate the actuating lever of the mechanical caliper body of Swift with a cable as taught by Cantoni et al. will allow operation of the mechanical caliper body from a remote location and thus making the braking device more efficient.
Re-claim 2, Swift discloses wherein the first attachment portion (82-84) is configured to detachably couple the mechanical caliper body (50) thereto.
Re-claim 3, Swift discloses a first fixing member (82) configured to detachably couple the mechanical caliper body to the first attachment portion of the hydraulic caliper body.
Re-claim 4, Swift discloses wherein the hydraulic caliper body further includes a second attachment portion (85-87) that is offset from the first attachment portion (82-84).
Re-claim 5, Swift discloses wherein the first attachment portion (82-84) is provided on an outbound side of the hydraulic caliper body and the second attachment portion (84-86) is provided on an inbound side of the hydraulic caliper body.
Re-claim 6, Swift discloses a second fixing member (85) configured to detachably attach the second attachment portion (84-86) to the mechanical caliper body.
Re-claim 7, Swift discloses wherein the first fixing member (82) has a first fixing axis and the second fixing member (85) has a second fixing axis that is parallel to the first fixing axis in a state where the first fixing member and the second fixing member are attached to the hydraulic caliper body (20, 75).
Re-claim 8, Swift discloses the mechanical caliper body (50) coupled to the hydraulic caliper body (20, 75).
Re-claim 9, Swift discloses wherein the mechanical caliper body (50) is positioned on an upstream side of the hydraulic caliper body (20, 75) relative to a rotational direction of the rotor (15).
Re-claim 10, Swift discloses a mechanical piston (61 in fig. 4) movably provided in the mechanical caliper body and configured to move a brake pad (53) into contact with the rotor (15).
Re-claim 12, Swift discloses wherein the mechanical caliper body (50 in fig. 4) includes a caliper housing defining a rotor receiving slot.
Re-claim 13, Swift discloses wherein the caliper housing (50) has an interior space, and the intermediate member (60) is disposed in the interior space.
Re-claim 14, Swift discloses wherein the mechanical caliper body (50) includes a lid (64) detachably coupled to the caliper housing.
Re-claim 16, Swift discloses wherein the caliper housing (50 in fig. 4) includes an outbound portion having a first inner surface defining a first side of the rotor receiving slot, and an inbound portion having a second inner surface defining a second side of the rotor receiving slot.
Re-claim 17, Swift discloses wherein the outbound portion has a piston bore, and the mechanical piston (61) is slidably disposed in the piston bore.
Re-claim 18, Swift discloses wherein the intermediate member (60) is pivotally supported to the outbound portion by a first shaft (73), and the outbound portion has a first shaft support recess receiving the first shaft (73).
Re-claim 20, Swift discloses wherein the caliper housing includes a second shaft support recess (57) configured to receive a brake pad shaft (56).
Re-claim 21, Swift discloses wherein the intermediate member (60) further includes a first cam surface (62) configured to move the mechanical piston.
Re-claim 27, Swift discloses a second hydraulic piston movably provided in a second cylinder of the hydraulic caliper body to move a second brake pad into contact with the rotor (note the two opposite hydraulic piston assembly in fig. 3).
Re-claims 28 and 29, Swift discloses wherein the hydraulic caliper body (20, 75) includes a coupling portion configured to couple the hydraulic caliper body to a vehicle body of the human-powered vehicle (note the hydraulic caliper body attached to vehicle body 30, 31 via bolts 32).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616