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 Arguments
Applicant’s arguments, see Applicant Arguments, filed 12th May 2026, with respect to the rejection of claim 1 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection, necessitated by amendment, are presented below.
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 and 18 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.
Regarding Claim 1, the limitation “stop having a rotation limitation” is recited. It is unclear what “a rotation limitation” is and what falls into the scope of “a rotation limitation”. For purposes of examination this limitation will be interpreted as “a rotation limitation mechanism” which establishes a structure specifically corresponds to “a rotation limitation”.
Regarding Claim 18, the limitation “rotation limitation” is recited. It is unclear which part if any specific part of the rotation limitation mechanism is intended to be claimed as the “rotation limitation” that “correspondingly limits axial movement of the pressure piece” (I.e. no reference to a specific stop surface). For purposes of examination “rotation limitation” will be interpreted as any structure that makes up the housing of the brake unit and “correspondingly limits axial movement of the pressure piece”.
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.
Claims 1, 4-5, 13-15, 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tribe (DE 3005420 C2).
Regarding Claim 1, Tribe discloses a disc brake for a motor vehicle, the disc brake comprising: a brake carrier (see [0034-0038]), two brake pads (14, 19), a brake caliper (12) axially adjustably supported on the brake carrier, a clamping device having a pressure piece (48) with an internal thread by which the brake pads (14, 19) can be pressed against a brake disc (13), and an adjusting unit (18) having which has an adjusting spindle (53) for setting a clearance of the disc brake, wherein the adjusting spindle (53) has an external thread that is screwed into the internal thread of the pressure piece (48), and wherein the adjusting spindle (53) can be axially reset via rotational movement by a resetting tool (see [0063]), wherein a cylindrical adapter (78), is disposed in a recess of the adjusting spindle (53) at an end of the adjusting spindle (53) facing away from the brake pads (14, 19), wherein the adapter (78) has a cavity (74) in its center designed as a tool interface for the resetting tool (see [0063]); wherein the disc brake has a stop having a rotation limitation (46, 76) for resetting the adjusting spindle (53), and wherein a stop surface (A) (see Annotated Fig. 2 below) for the rotation limitation is arranged on a side of the adapter (78) facing away from the brake pads (14, 19), wherein the stop surface (A) of the adapter is a conical stop surface at the end of the adjusting spindle (53) facing away from the brake pads (14, 19), wherein the brake caliper (12) or a separate component of the brake caliper has an opening with a conical stop surface (76) on a side facing towards the adjusting spindle (53), and the conical stop surface (A) of the adapter (78) engages the conical stop surface (76) of the opening when the adjusting spindle (53) is reset, and the engaged conical stop surfaces (76) thereby cause a stop with a rotation limit (see Fig. 2, Fig. 7, [0066]).
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Annotated Fig. 2
Regarding Claim 4, Tribe discloses wherein the adapter (78) is fixed in the recess of the adjusting spindle (53) by a non-positive connection (see Fig. 1, 3:50-53).
Regarding Claim 5, Tribe discloses wherein the adapter (78) has a cylindrical extension, wherein the adapter (78) is inserted into the recess of the adjusting spindle (53) with the extension leading (see Fig. 2, Fig. 7).
Regarding Claim 13, Tribe discloses wherein the adapter (78) is a separate piece relative to the adjusting spindle (53), whereby the adapter (78) can be removed and replaced to provide for various tool-adapter interface (see Fig. 2, Fig. 7, [0066]).
Regarding Claim 14, Tribe discloses wherein the conical stop surfaces (A) (see Annotated Fig. 2 above) limit rotation in response to increased friction (see Fig. 2, Fig. 7).
Regarding Claim 15, Tribe discloses wherein the adapter (78) is partially received in the recess of the adjusting spindle (53), and the conical stop surface (A) of the adapter (78) projects beyond the end of the adjusting spindle (53) (see Fig. 2, Annotated Fig. 2 above, Fig. 7).
Regarding Claim 18, Tribe discloses wherein the rotation limitation (46) correspondingly limits axial movement of the pressure piece (see Fig. 7).
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.
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 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Tribe (DE 3005420 C2) in view of Theiss et. al. (US 6820727 B1).
Regarding Claim 2, Tribe discloses the disc brake as claimed in claim 1, wherein the recess of the adjusting spindle is an axially extending cylindrical opening in the adjusting spindle (see Fig. 7).
Tribe does not explicitly disclose wherein the cavity of the adapter is a continuous axially extending hole.
Theiss teaches wherein the recess of the adjusting spindle is an axially extending cylindrical opening in the adjusting spindle, and the cavity of the adapter is a continuous axially extending hole (see Fig. 1, 2:49-67, 3:1-8, 3:20-23).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the adapter of Theiss with the disc brake of Tribe in order to facilitate the manual adjustment of brakes utilizing available tools, in order to limit the destruction of the brake under adjusting spindle torque loads (see US 6820727 B1 [Theiss]; 1: 17-26, 1:62-67, 2:1-4, 3:1-23).
Regarding Claim 6, Tribe modified by Theiss teaches wherein a contour including elevations is formed on an outer circumference of the extension and the recess of the adjusting spindle has a corresponding contour that provides a positive connection between the adapter and the adjusting spindle (see US 6820727 B1 [Theiss]; Fig. 1, 2:49-67, 3:1-8).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tribe (DE 3005420 C2) in view of Vaughn (US 4497225 A).
Regarding Claim 3, Tribe discloses the disc brake as claimed in Claim 1.
Tribe does not explicitly teach wherein the adapter has a conical recess on a side facing away from the adjusting spindle, wherein the cavity is arranged in the center of the conical recess, wherein the conical recess guides the resetting tool to the cavity when the resetting tool is inserted into an opening of the brake caliper.
Vaughn teaches a curved guiding wall inside a conical tool interface recess, wherein the cavity is arranged in the center of the conical recess, wherein the conical recess guides the resetting tool to the cavity when the resetting tool is inserted into an opening of the brake caliper (see Fig. 3, 2: 57-67, 3: 1-4).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Vaughn with the disc brake of Tribe in order to make it easier to insert the tool and ensure the tool is fully engaged with the adapter to supply intended amounts of torque (see US 4497225 A [Vaughn]; 2: 57-67, 3:1-4).
Claim 16, 7-10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tribe (DE 3005420 C2) in view of Tsai (US 20200240482 A1).
Regarding Claim 16, Tribe discloses a brake (1) for a motor vehicle, the disc brake comprising: a brake carrier (see [0034-0038]), two brake pads (14, 19), a brake caliper (12) axially adjustably supported on the brake carrier, a clamping device having a pressure piece (48) with an internal thread by which the brake pads (14, 19) can be pressed against a brake disc (13), and an adjusting unit (18) having an adjusting spindle (53) for setting a clearance of the disc brake, wherein the adjusting spindle has an external thread that is screwed into the internal thread of the pressure piece (48), and wherein the adjusting spindle (53) can be axially reset via rotational movement by a resetting tool (see [0063]), wherein a cylindrical adapter (78) is disposed in a recess of the adjusting spindle (53) at an end of the adjusting spindle (53) facing away from the brake pads (14, 19), wherein the adapter (78) has a cavity (74) in its center designed as a tool interface for the resetting tool (see Fig. 2, Fig. 7, [0063]).
Tribe does not disclose wherein the adapter is fully received in the recess of the adjusting spindle such that the adapter is flush with or recessed from the end of the adjusting spindle having the recess.
Tsai teaches a force transmission adapter fully received in a recess such that the adapter is flush with or recessed from the end of the structure having the recess (see Fig. 1, Fig. 6, Fig. 7).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Tsai with the disc brake of Tribe in order to reduce the size of the disc brake and transfer rotational movement effectively (see TW M578340 U [Tsai]; [0008])
Regarding Claim 7, Tribe modified by Tsai teaches wherein the disc brake has a stop having a rotation limitation for resetting the adjusting spindle (53), and wherein a stop surface (A) (see Annotated Fig. 2 above) for the rotation limitation is arranged on a side of the adapter (78) facing away from the brake pads (14, 19), or a stop surface of the adjusting spindle for the rotation limitation is arranged on an end of the adjusting spindle facing away from the brake pads (see DE 3005420 C2 [Tribe]; Fig. 2, Fig. 7).
Regarding Claim 8, Tribe modified by Tsai teaches wherein the adapter (78) has a tooth-like contour (79) on a side facing away from the adjusting spindle (53) configured to engage a corresponding contour (77) on a side of the brake caliper facing towards the adjusting spindle (53) for limiting rotation (see DE 3005420 C2 [Tribe]; Fig. 2, Fig. 7, [0066]).
Regarding Claim 9, Tribe modified by Tsai teaches wherein the tooth-like contour of the adapter has one or more sawtooth-shaped, rectangular, or trapezoidal elevations or recesses (see DE 3005420 C2 [Tribe]; Fig. 2, Fig. 7, [0066])
Regarding Claim 10, Tribe modified by Tsai teaches wherein the adapter or the adjusting spindle (53) has a conical stop surface (A) (see Annotated Fig. 2 above) at the end of the adjusting spindle (53) facing away from the brake pads (14, 19), the brake caliper (12) or a separate component of the brake caliper has an opening with a conical stop surface (76) on a side facing towards the adjusting spindle (53), and the conical stop surface (76) of the adapter (78) or of the adjusting spindle (53) engages the conical stop surface (A) of the opening when the adjusting spindle (53) is reset, and the engaged conical stop surfaces (76) thereby cause a stop with a rotation limit (see DE 3005420 C2 [Tribe]; Fig. 2, Fig. 7, [0066]).
Regarding Claim 17, Tribe modified by Tsai teaches wherein the tooth-like contour (79) projects beyond the end of the adjusting spindle (53) (see DE 3005420 C2 [Tribe]; Fig. 2, Fig. 7).
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tribe (DE 3005420 C2) in view of Jungmann (US 20200291995 A1).
Regarding Claim 11, Tribe discloses the disc brake as claimed in Claim 1.
Tribe does not explicitly disclose wherein the disc brake is a sliding caliper disc brake operated with compressed air for a commercial vehicle.
Jungmann teaches wherein the disc brake is a sliding caliper disc brake operated with compressed air for a commercial vehicle (see Fig. 1, Fig. 2, [0001], [0020]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Jungmann with the disc brake of Tribe in order to provide adaptive wear adjustment to commercial vehicles with compressed air operated brake systems.
Regarding Claim 12, Tribe modified by Jungmann teaches a motor vehicle comprising the disc brake as claimed in claim 1 (see US 20200291995 A1 [Jungmann]; [0001]).
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 Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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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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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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