DETAILED ACTION
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.
Claims 11, 12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (JP 2006090464 A)
Re claim 11, Abe discloses a brake lining arrangement for a disc brake of a vehicle, comprising: at least one brake lining (15a, 15b), which in a starting position is arranged axially spaced apart from a brake disc in the installed state of the disc brake, and wherein the brake lining includes a lining carrier plate (18a, 18b), on which a friction lining (16a, 16b) is attached, wherein a spring element (40) positioning the brake lining is arranged on at least one brake lining, which spring element is at least partially formed from a bimetal element and changes the axial distance of the brake lining relative to the brake disc in the starting position as a function of a temperature. (Fig. 1, 4, Translation – Pg. 8, 4th Par.)
Re claim 12, Abe discloses wherein the spring element, in the installed state of the brake lining arrangement in a disc brake, reduces the axial distance at a predetermined temperature and/or upon falling below the predetermined temperature by way of the bimetal element in order to generate a coefficient of friction between the brake lining and the brake disc. (Translation – Pg. 6, 6th Par.)
Re claim 20, Abe discloses a disc brake (10) for a vehicle, comprising: a housing (12), which spans a brake lining arrangement arranged on a brake disc (11), wherein the brake lining arrangement includes at least one brake lining (15a, 15b), which is guided in a brake support body and can be caused to interact with the brake disc to achieve a braking action, wherein the brake lining arrangement is designed according to claim 11. (Fig. 1, 4)
Allowable Subject Matter
Claims 13-19 and 21-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miyake and Kim teach brake lining arrangements for a disc brake of a vehicle, comprising: at least one brake lining, which in a starting position is arranged axially spaced apart from a brake disc in the installed state of the disc brake, and wherein the brake lining includes a lining carrier plate, on which a friction lining is attached, wherein a spring element positioning the brake lining is arranged on at least one brake lining, which spring element changes the axial distance of the brake lining relative to the brake disc in the starting position as a function of a temperature.
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/MELANIE TORRES WILLIAMS/
Primary Examiner
Art Unit 3616
MTWJanuary 6, 2026