DETAILED ACTION
This is a first Non-Final Office Action on the merits in response to the application filed 10/05/23. This application claims priority to a PCT filed 05/14/21. Claims 1-6 are currently pending yet all are rejected due to the section 102, 103 and 112 rejections detailed below. 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 § 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 1-6 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.
Claims 1-6 are rejected because the last limitation of claim 1 recites that a peripheral edge of the through hole is dispose on “an outer circumferential side of a peripheral edge of the small diameter portion of the first fastening hole.” It is unclear where this “outer circumferential side” of an edge of a hole is located specifically. Is Applicant referring to a --radially outer-- side of the peripheral edge of the small diameter portion? But both the inner and outer radial sides of the edge of the small diameter portion are adjacent the edge of the through hole. It’s unclear what specific portion of this small diameter portion Applicant is referring to.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Kondo
Claim(s) 1-2 and 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kondo et al. (WO 2019/194203) (cited by Applicant). Kondo is directed to a brake disk unit for a railway vehicle. See Abstract. Note: Kondo is an “X” reference in the cited ISA Written Opinion.
Claim 1: Kondo discloses a disc brake device [Figs. 1, 2] for a railway vehicle [see Title], the disc brake device comprising: a rotary member (102) to be attached to an axle (101) of the railway vehicle; a brake disc (10) including a disc body (20) having an annular shape and a plurality of fins (24, 26), the disc body having a rear surface that faces the rotary member, the plurality of fins being disposed on the rear surface in a radial shape; a control member (30, 32, 34) including a base plate (32) and a protruding portion (34), the base plate being sandwiched between the rotary member and the plurality of fins, the protruding portion protruding from the base plate toward the disc body, and being positioned between, among the plurality of fins, fins disposed adjacent to each other in a circumferential direction of the brake disc, the control member being configured to control an airflow rate between the fins disposed adjacent to each other; and a fastening member (14) configured to fasten the brake disc and the control member to the rotary member, wherein at least one of the plurality of fins has a first fastening hole (60) including a large diameter portion (top of 60) and a small diameter portion (bottom of 60), a head portion of the fastening member being disposed in the large diameter portion, the small diameter portion having a diameter smaller than a diameter of the large diameter portion, a shaft portion of the fastening member being inserted through the small diameter portion, the base plate has a through hole that is provided corresponding to the first fastening hole and through which the shaft portion is inserted [see Fig. 1 (head of 14 in large area of 60, shaft of 14 in small area of 60 and hole of 30)], and a peripheral edge of the through hole is disposed on an outer circumferential side of a peripheral edge of the small diameter portion of the first fastening hole [see Fig. 1 (small area of 60 adjacent hole of 30)]. See Figs. 1, 2, 10.
Claim 2: Kondo discloses that the rotary member has a second fastening hole (hole in 102a receiving 14) that is provided corresponding to the first fastening hole and the through hole, and through which the shaft portion is inserted, and the peripheral edge of the through hole is disposed on an outer circumferential side of a peripheral edge of the second fastening hole. See Figs. 1, 2.
Claims 4-6: Kondo discloses that a width of the through hole in the circumferential direction is smaller than a maximum width of a top surface of the fin having the first fastening hole. See Fig. 2b.
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.
Kondo
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kondo.
Claim 3: Kondo is relied upon as in claims 1 and 2 above but do not discuss the specific measurements of the various components, including the distance between the edges of the two fastening holes. It would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention for the distance between the edges of the two fastening holes to be more than 2 mm because it is ultimately a design choice, based on the size of the disc brake. Furthermore, there is no criticality in this range, and would also be obvious to try given that only limited possibilities exist here – either at, above or below 2mm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL R SAHNI whose telephone number is (571)270-3838. The examiner can normally be reached M-F 7am-3pm PST.
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616