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 .
Election/Restrictions
Claims 4, 5, 7, 10, and 14-16 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03 April 2026.
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.
Claims 1-3, 6, 8, 9, 11-13, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Adam et al. (US 2019/0010999) in view of Goettker (US 5,826,682).
In Re claim 1, Adam et al. disclose a disc brake system (figs. 1, 2, 6), comprising: a mounting portion (bottom of 14 in fig. 2) inherently connected with a torque plate (not shown); a carrier (14, 14’); and inboard and outboard brake pads (1, 7, 8), wherein the carrier comprises: brake pad receiving openings (central hollow portion); a leading pad support (11); a trailing pad support (12), wherein at least one of the leading and trailing pad supports includes a bearing surface (9, 10) facing away from the pad receiving opening, and wherein the brake pads comprise a second bearing surface (see lower portions of 7 and 8) facing towards the first bearing surface and are configured to engage (see contact area 9, 10) when the disc brake system is actuated such that the brake pads are put in tension. Adam et al. fail to disclose a torque plate being associated as a single-piece with the mounting portion of the carrier.
Goettker is related to the art of vehicle brake systems, and teaches providing a single-piece torque plate, mounting portion, and carrier (18). This assembly makes possible fewer components and a simplified assembly of the vehicle brake system at each wheel. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brake system of Adam et al. to have a single-piece torque plate, mounting portion, and carrier, as taught by Goettker, to allow for a unified and simplified assembly. The examiner notes that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (MPEP2144.04).
In Re claim 2, the inboard and outboard mounting portions are aligned.
In Re claims 3 and 13, see connecting beam between 14 and 14’ in fig. 2 of Adam et al..
In Re claims 6 and 8, see pairs of bearing surfaces (9, 10) in figs. 3 and 4 of Adam et al..
In Re claim 9, see brake pad support slots (3, 4) and brake pad tabs (7, 8) in figs. 2 and 3 of Adam et al..
In Re claim 11, see central friction material (1) and backing plate (5) of Adam et al..
In Re claim 12, Adam et al. disclose a disc brake system (figs. 1, 2, 6), comprising: a mounting portion (bottom of 14 in fig. 2) inherently connected with a torque plate (not shown); and a carrier (14, 14’); wherein the carrier comprises: brake pad receiving openings (central hollow portion); a leading pad support (11); a trailing pad support (12), wherein at least one of the leading and trailing pad supports includes a slot (3, 4) with a bearing surface (9, 10) facing away from the pad receiving opening (see figs. 3 and 4). Adam et al. fail to disclose a torque plate being associated as a single-piece with the mounting portion of the carrier.
Goettker is related to the art of vehicle brake systems, and teaches providing a single-piece torque plate, mounting portion, and carrier (18). This assembly makes possible fewer components and a simplified assembly of the vehicle brake system at each wheel. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brake system of Adam et al. to have a single-piece torque plate, mounting portion, and carrier, as taught by Goettker, to allow for a unified and simplified assembly. The examiner notes that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (MPEP2144.04).
In Re claim 17, Adam et al. discloses a method of actuating a disc brake system, comprising: engaging a rotor (not shown; par. 0015) with inboard and outboard brake pads (5); applying a tension force to a leading end of at least one of the inboard and/or outboard brake pads (see carrier bearing faces 9, 10; and associated brake pad claws 7 and 8); and absorbing the tension force with a carrier portion (see 9 and 10) and a mounting portion (14, 14’) inherently mounted on a torque plate (not disclosed). Adam et al. fail to disclose a torque plate being associated as a single-piece with the mounting portion of the carrier.
Goettker is related to the art of vehicle brake systems, and teaches providing a single-piece torque plate, mounting portion, and carrier (18). This assembly makes possible fewer components and a simplified assembly of the vehicle brake system at each wheel. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brake system of Adam et al. to have a single-piece torque plate, mounting portion, and carrier, as taught by Goettker, to allow for a unified and simplified assembly. The examiner notes that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (MPEP2144.04).
In Re claim 18 and 20, see carrier leading and trailing bearing faces (9, 10); and associated brake pad leading and trailing claws (7 and 8) of Adam et al..
In Re claim 19, the claim limitation is related to a material property of the brake pad carrier and mounting portion. The examiner asserts that essentially every material has at least some amount of elastic bending (Young’s/elastic modulus), thus encompassing the claim limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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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.
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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616
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