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 § 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claim(s) 12, 13, 15, 16, 17, 19, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO-03018376 (WO’376).
Re: claims 12, 13, 15, 16, and 21. WO’376 shows in figure 14 a wheel assembly of a vehicle, wherein the wheel assembly comprises: a knuckle 302 for operably coupling the wheel assembly and a suspension assembly of the vehicle, a brake rotor 306 for slowing the vehicle, a wheel bearing 304 operably coupled to the knuckle and the brake rotor as shown, a brake dust shield 336 disposed proximate to the brake rotor, the brake dust shield further comprising: a central body portion, as labeled, radially centered along a wheel axis in a first plane, as labeled, substantially perpendicular to the wheel axis; a peripheral body portion, as labeled, positioned radially outward from the central body portion disposed at least in part in a second plane, as labeled, spaced apart from the first plane along the wheel axis as shown, wherein the central body portion is operably coupled to the wheel assembly via the knuckle of the wheel assembly, and wherein the peripheral body portion comprises a positive axial offset surface that is axially offset from the first plane in a direction extending away from the brake rotor as shown, and wherein the peripheral body portion is operably coupled to a flange, as labeled, extending away from a brake rotor along an entire length of the flange as shown since the end of the flange still extends away from the brake rotor because the flange extends beyond the brake rotor.
Re: claim 17. WO’376, as modified, teaches in figure 14 of WO’376 wherein the brake dust shield 336 and a wheel bearing 304 of the wheel assembly are operably coupled to the knuckle 302 at a first mounting plane, as labeled, of the wheel assembly, wherein the first mounting plane is disposed between the brake rotor 306 and a first knuckle body portion, as labeled.
Re: claim 19. WO’376, as modified, teaches in figure 14 of WO’376 wherein the brake dust shield further comprises a connecting body portion, as labeled, wherein the central body portion and the peripheral body portion are operably coupled to each other via the connecting body portion as shown, and wherein the connecting body portion is angled between 20 degrees and 90 degrees relative to the first plane of the central body portion as shown.
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, 10, 11, 14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO-03018376 (WO’376) in view of US Patent 9239087 to Frantz.
Re: claims 1, 2, 4, and 5. WO’376 shows in figure 14 a brake dust shield 336 for a wheel assembly of a vehicle, the brake dust shield comprising: a central body portion, as labeled, radially centered along a wheel axis in a first plane, as labeled, substantially perpendicular to the wheel axis; a peripheral body portion, as labeled, positioned radially outward from the central body portion disposed at least in part in a second plane, as labeled, spaced apart from the first plane along the wheel axis as shown, wherein the central body portion is operably coupled to the wheel assembly via a knuckle 302 of the wheel assembly, and wherein the peripheral body portion comprises a positive axial offset surface that is axially offset from the first plane in a direction extending away from a brake rotor 306, and wherein the central body portion, as labeled, operably couples to the wheel assembly in the central region of the central body portion as shown, but is silent with regard to
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the central body portion being operably coupled to the wheel assembly particularly within a brake rotor hat of the brake rotor.
Frantz teaches in figures 3 and 4 and in col. 3 lines 53-57 the use of a central body portion 12 of a dust cover 2 and it is taught in col. 3 lines 53-57 that portion 12 can be modified with respect to wheel bearing 3 to form an encircling collar to increase the support length in the axial direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the central body portion of the dust cover of WO’376 to have been coupled to the wheel assembly within a brake rotor hat of the brake rotor, in view of the teachings of Frantz, in order to provide a means of reducing the overall packaging space by having the coupling within instead of outside of the rotor hat. Examiner notes that extending the central body portion sufficiently in the axial direction for increased support would result in the central body portion of WO’376, as modified, being coupled to the wheel assembly within the brake rotor hat.
Re: claim 3. WO’376, as modified, teaches in figure 14 of WO’376 wherein the central body portion (particularly the portion that is coupled to the wheel assembly as now recited), as labeled, does not overlap with a friction ring shown at the end of the lead arrow of element number 306 of the brake rotor because the central body portion is not shown to extend over the friction ring of the brake rotor of WO’376 as best understood. WO’376 satisfies this limitation just as the central body portion 230 of the instant invention does not overlap the friction ring 132. Instead, the flange portion 225 of the instant invention is shown overlapping the friction ring 132.
Re: claim 6. WO’376, as modified, teaches in figure 14 of WO’376 wherein the brake dust shield 336 and a wheel bearing 304 of the wheel assembly are operably coupled to the knuckle 302 at a first mounting plane, as labeled, of the wheel assembly, wherein the first mounting plane is disposed between the brake rotor 306 and a first knuckle body portion, as labeled.
Re: claims 7, 14, and 18. WO’376, as modified, teaches in figure 14 of WO’376 the limitation wherein the positive axial offset surface, as labeled, and including the flange in this interpretation is disposed radially outward with respect to a remainder portion of the peripheral body portion which includes the connecting body portion in this interpretation and extends from the connecting body portion of the peripheral body portion away from the brake rotor 306, but is silent with regard to the limitation wherein the positive axial offset surface is disposed in a portion of the peripheral body portion that extends away at an acute angle from the second plane.
Frantz et al. teach in annotated figure 3 (on pg. 9 of the instant Office action) the use of a positive axial offset surface or the inclined surface shown connected to the end of the lead line of 6 extending away from a second plane of a dust shield at an acute angle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the positive axial offset surface of WO’376, as modified, to have extended away from a second plane of the dust shield at an acute angle, in view of the teachings of Frantz et al., in order to provide a means of promoting better airflow and to deflect debris instead of trapping it.
Re: claim 8. WO’376, as modified, teaches in figure 14 of WO’376 wherein the brake dust shield further comprises a connecting body portion, as labeled, wherein the central body portion and the peripheral body portion are operably coupled to each other via the connecting body portion as shown, and wherein the connecting body portion is angled between 20 degrees and 90 degrees relative to the first plane of the central body portion as shown.
Re: claim 10. WO’376, as modified, teaches in figure 14 of WO’376 wherein the peripheral body portion, as labeled, is operably coupled to a flange, as labeled, extending away from a brake rotor and wherein the flange surrounds at least half of an outer edge of the peripheral body portion as shown in figure 13.
Re: claim 11. WO’376, as modified, teaches in figures 13 and 14 of WO’376 wherein the brake dust shield surrounds at least 70% of the wheel bearing, as labeled, as particularly surrounding more than half as shown.
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Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO’376 in view of Frantz et al. as applied above, and further in view of CN-217814675 (CN’675).
WO’376, as modified, shows in figure 14 wherein the positive axial offset surface is axially offset from the first plane in a direction away from the brake rotor by at least a given number of millimeters, but is silent with regard to the range of millimeters being at least 5 mm.
CN’675 teaches in claim 1 the use of a mounting block 4 on one plane of a dust shield shown in figure 1 is 4-7mm higher than a mounting or another plane of the dust shield (the 6-7mm satisfies the at least 5 mm recitation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the range of millimeters between the first plane and the positive axial offset surface of WO’376, as modified, to have been at least 5mm, in view of the teachings of CN’675, in order to provide a means improving airflow and preventing contact with surrounding components under load with spatial gaps. Also see In re Aller. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05(II)(A).
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.
Claim 21 is 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.
Re: claim 21. The phrase “a brake assembly” in the last line of the claim is indefinite. It is unclear whether the brake assembly recited in the last line of the claim is intended to be the same or different from the earlier recited brake assembly.
Re: claim 21. The phrase “an axially displaced face” is indefinite. It is unclear to the Examiner whether the axially displaced face is intended to the same or different from the peripheral body portion of the dust shield. An axially displaced face does not appear to be defined or mentioned in the originally filed specification. As best understood, Examiner has interpreted the axially displaced face to be a portion of the peripheral body portion shown for example at the end of lead line 336 in figure 14 of WO’376 which is shown to be at an axial end of the brake assembly.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new grounds of rejection, necessitated by amendment, do not rely on the Frantz et al. interpretation used in the previous Office action.
Applicant's arguments filed 6/26/26 have been fully considered but they are not persuasive. With regard to claim 12, Examiner notes that WO’376 shows a flange, as labeled, extending away from a brake rotor along an entire length of the flange as shown since the end of the flange still extends away from the brake rotor because the flange extends beyond the brake rotor. The previously presented claim and drawing objections as well as 112 rejections have been withdrawn in light of the most recent amendments.
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 MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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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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mmb
September 11, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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