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 .
Response to Amendment
Amendments submitted on 06/25/2026 have been considered and entered. Claim 1 has been amended. Claims 1-29 are pending in the present application.
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 1-13, 15-23 and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Xue (CN 201961484 U) in view of Keiji (CN 108357617 B).
Regarding claims 1 and 27, Xue discloses a disc brake caliper (figs. 1-6) for a human-powered vehicle, the disc brake caliper comprising:
a hydraulic caliper body (note the caliper 2 and mounting bracket in fig. 1) including a first cylinder and a first attachment portion (note the caliper mounting bracket and the opposite attachment end portions of the hydraulic caliper body 2 shown in fig. 1) configured to couple a mechanical caliper body (1) being configured to be operated by a cable (3), the hydraulic caliper body (2) configured to be disposed to a bicycle frame (note the bicycle frame shown in fig. 1) of the human-powered vehicle.
Xue discloses all clamed limitations as set forth above including a hydraulic caliper body (2) and a rotor (4 in fig. 2) but fails to disclose a detail structure of the hydraulic caliper body comprising a first hydraulic piston movably provided in a first cylinder to move a first brake pad into contact with the rotor, wherein the first hydraulic piston being configured to be operated by a hydraulic fluid. The examiner notes that the hydraulic caliper unit of Xue does not disclose much detail structure of the caliper unit, but it is inherently known to include a hydraulic piston disposed in a cylinder body of the hydraulic caliper and movable via a hydraulic fluid to move at least a brake pad to engage a brake rotor for a braking operation. However, Keiji discloses a bicycle comprising a hydraulic caliper (18 in fig. 16) comprising a first hydraulic piston (138, 140) movably provided in a first cylinder (122a, 124a) to move a first brake pad (132) into contact with a rotor (130), wherein the first hydraulic piston being configured to be operated by a hydraulic fluid (note the abstract and the background description). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to include a hydraulic piston disposed in a cylinder body of the hydraulic caliper and movable via a hydraulic fluid to move at least a brake pad to engage a brake rotor as taught by Keiji in the caliper unit of Xue will provide an effective and reliable braking operation.
Re-claim 2, Xue discloses wherein the first attachment portion (note the caliper mounting bracket and the opposite attachment end portions of the hydraulic caliper body 2 shown in fig. 1) is configured to detachably couple the mechanical caliper body (1) thereto (note the caliper body 1 detachably couple to the attachment portion of the mounting bracket of the hydraulic caliper body 2).
Re-claim 3, Xue discloses a first fixing member (note the bolts for connecting the mechanical caliper body 1 to the mounting bracket of the hydraulic caliper body 2) configured to detachably couple the mechanical caliper body to the first attachment portion of the hydraulic caliper body.
Re-claim 4, Xue discloses wherein the hydraulic caliper body further includes a second attachment portion that is offset from the first attachment portion (note the attachment portions of the hydraulic caliper body 2).
Re-claim 5, Xue 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 opposite attachment portions of the hydraulic caliper body 2).
Re-claim 6, Xue discloses a second fixing member (note one of the bolts for connecting the mechanical caliper body 1 to the mounting bracket of the hydraulic caliper body 2) configured to detachably attach the second attachment portion to the mechanical caliper body.
Re-claim 7, Xue 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 bolts for connecting the mechanical caliper body 1 to the mounting bracket of the hydraulic caliper body 2).
Re-claim 8, Xue discloses the mechanical caliper body (1) coupled to the hydraulic caliper body (2; note the caliper body 1 detachably couple to the attachment portion of the mounting bracket of the hydraulic caliper body 2).
Re-claim 9, Xue discloses wherein the mechanical caliper body (1) is positioned on an upstream side of the hydraulic caliper body (2) relative to a rotational direction of the rotor (4).
Re-claim 10, Xue discloses a mechanical piston (note fig. 5) movably provided in the mechanical caliper body (1) and configured to move a brake pad (11) into contact with the rotor (4).
Re-claim 11, Xue discloses an intermediate member movably provided in the mechanical caliper body and having a cable attachment portion configured to be coupled to a cable (3), the intermediate member being configured to move the mechanical piston in response to movement of the cable during a braking operation (note [0014]-[0015]).
Re-claim 12, Xue discloses wherein the mechanical caliper body (1) includes a caliper housing defining a rotor receiving slot (note fig. 5).
Re-claim 13, Xue discloses wherein the caliper housing (1) has an interior space, and the intermediate member is disposed in the interior space (note the internal members of the caliper body shown in fig. 5).
Re-claim 15, Xue discloses the caliper housing has a cable port (note the cable 3 attachment portion of the caliper body 1 shown in fig. 1) provided on an inbound side of the rotor receiving slot.
Re-claim 16, Xue discloses wherein the caliper housing (1) includes an outbound portion having a first inner surface defining a first side of the rotor receiving slot (n, and an inbound portion having a second inner surface defining a second side of the rotor receiving slot (note the opposite rotor receiving slots of the caliper body 1 shown in fig. 3).
Re-claim 17, Xue discloses wherein the outbound portion has a piston bore, and the mechanical piston is slidably disposed in the piston bore (note the internal members of the caliper body shown in fig. 5).
Re-claim 18, Xue discloses wherein the intermediate member is pivotally supported to the outbound portion by a first shaft, and the outbound portion has a first shaft support recess receiving the first shaft (note the internal members including a shaft of the caliper body shown in fig. 5).
Re-claim 19, Xue discloses the intermediate member further includes an actuating arm extending radially from the first shaft with respect to a pivot axis of the first shaft, the actuating arm includes the cable attachment portion at a position spaced from the pivot axis (note the internal members including an actuating arm couple to the cable 3 of the caliper body shown in fig. 5).
Re-claim 20, Xue discloses wherein the caliper housing (1) includes a second shaft support recess configured to receive a brake pad shaft (note the internal members including portions of the caliper body for receiving the braking pads 11 shown in fig. 5).
Re-claim 21, Xue discloses wherein the intermediate member further includes a first cam surface configured to move the mechanical piston (note the internal members including a cam member couple to the cable 3 of the caliper body shown in fig. 5 and fig. 1).
Re-claim 22, Xue discloses the cable attachment portion and the cam portion are a one-piece member (note the internal members including a cam member couple to the cable 3 of the caliper body shown in fig. 5 and fig. 1).
Re-claim 23, Xue discloses wherein the intermediate member is configured to pivot about a pivot axis, the mechanical piston is configured to move along a mechanical piston axis, and the pivot axis is different from the mechanical piston axis (note the internal members including the pivotable cam member couple to the cable 3 and the piston or the sliding member of the caliper body that engages the braking pads 11 shown in fig. 5).
Re-claim 28, Xue discloses wherein the hydraulic caliper body (note the caliper 2 and mounting bracket in fig. 1) includes a coupling portion configured to couple the hydraulic caliper body to a vehicle body of the human-powered vehicle.
Re-claim 29, Xue discloses wherein the coupling portion includes a first coupling hole and a second coupling hole (note the bolt holes of the bracket of the hydraulic caliper body in fig. 1).
Claims 14 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Xue (CN 201961484 U) in view of Keiji (CN 108357617 B), and further in view of Tironi (WO 02097294 A1).
Re-claim 14, Xue discloses all claimed limitations as set forth above the mechanical caliper body (1) but fails to disclose a lid detachably coupled to the caliper housing. However, Tironi discloses a similar mechanical brake assembly comprising a cover (26) detachably coupled to a caliper housing (12). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to provide the caliper unit of Xue with a lid or cover as taught by Tironi will protect the internal elements of the caliper unit from any unwanted object.
Re-claim 26, Xue discloses all claimed limitations as set forth above including the mechanical caliper unit but fails to disclose a biasing element configured to bias the intermediate member to a non-actuated position. The examiner notes that the mechanical caliper unit of Xue does not disclose much detail structure of the caliper unit, but it is inherently known to include a return spring. However, Tironi discloses a similar mechanical brake assembly comprising a cover (26) detachably coupled to a caliper housing (12), and a return spring (46 in fig. 4). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to provide the caliper unit of Xue with a return spring as taught by Tironi will automatically reset the caliper braking member when braking is not required.
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Xue (CN 201961484 U) in view of Keiji (CN 108357617 B), and further in view of Kimura (JP 2022-131487).
Re-claim 24, Xue discloses all claimed limitations as set forth above but fails to disclose the pivot axis is not parallel to the mechanical piston axis. However, Kimura discloses a similar brake assembly (note figs. 1-4) comprising a cable operated cam member (5 in figs. 3-4) having a pivot axis that is not parallel to the axis of the piston (10). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to arrange the cam member and the piston member of Xue as taught by Kimura will allow the brake to be applied with a relatively weak braking force while improving the braking feeling.
Re-claim 25, Xue discloses all claimed limitations as set forth above but fails to disclose the pivot axis is perpendicularly arranged relative to the mechanical piston axis. However, Kimura discloses a similar brake assembly (note figs. 1-4) comprising a cable operated cam member (5 in figs. 3-4) having a pivot axis that is perpendicularly arranged relative to the axis of the piston (10). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to arrange the cam member and the piston member of Xue as taught by Kimura will allow the brake to be applied with a relatively weak braking force while improving the braking feeling.
Response to Arguments
Applicant’s arguments with respect to claims 1-29 have been considered but are moot because the new ground of rejection does not rely on some reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT SICONOLFI can be reached at 5712727124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHBUBUR RASHID/ Examiner, Art Unit 3616
/Robert A. Siconolfi/ Supervisory Patent Examiner, Art Unit 3616
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