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 .
Status of Claims
This is the first action on the merits for application 18/571,333 filed on 12/18/2023. Claims 11-21 are pending; claims 1-10 are canceled.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/18/2023, 02/14/2025, 03/14/2025 have been considered by the examiner.
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 11-21 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 11 and 21 recites “wherein the brake caliper comprises a base body and/or lid”. This limitation creates at least three possible combination (base body only, lid only or both). The specification and Fig.1 shows that brake caliper includes both base body and lid secured to the base body; however, the specification does not describe an embodiment which lid exits without the base body or base body exist only without lid. Thereof, the scope of the claim remains unclear.
Claim 16 recites “wherein the base body and/or the lid and/or the brake caliper have cooling air channels and/or cooling air openings for passing cooling air into the spatial region”. This phrase “wherein the base body and/or the lid and/or the brake caliper” creates at least 7 possible combination (base body only has cooling features, lid only has cooling features, brake caliper only has cooling features, base body and brake caliper has cooling feature, lid and brake caliper has cooling features, base body, lid and brake caliper has cooling features.); and the phrase “cooling air channels and/or cooling air opening creates at least another 3 possible combination (cooling air channels only, cooling air opening only, both cooling air channels and cooling air openings). When combined with the seven possible structural combination above, the claim encompasses at least 21 different combinations. However, the specification does not describe a lid must have cooling openings, or both base body and caliper must have channels. Secondly, the specification does not clearly describe the difference between cooling air channels and cooling air openings, it is unclear what structural features distinguish channel from opening and what combination of channels and openings are required by the claim.
Claim 17 recites “a brake dust collection and storage assembly disposed on the base body and/or on the lid or adjacent thereto for collecting and/or storing brake dust.”. This limitation creates at least three possible combination (a brake dust collection and storage assembly disposed on: base body only, lid only or both or adjacent to either). The specification does not describe whether the dust collection assembly disposed on lid only or base body only or both or adjacent to either. Thereof, the scope of the claim remains unclear.
Claim 18 recites “wherein the brake dust collection and storage assembly is either (i) fastened to the base body, the lid and/or the wheel carrier by way of at least one holder or (ii) formed by the base body and/or the lid.” The limitation (i) creates at least 7 possible combination (assembly is fastened to: base body only, lid only, wheel carrier only, base body and lid, base body and wheel carrier, lid and wheel carrier, base body, lid and wheel carrier). The limitation (ii) creates three combination assembly is formed by:base body only, lid only or both. The specification does not describe any embodiment of dust collection assembly fastened to base body only, lid only, wheel carrier only, base body and lid, base body and wheel carrier, lid and wheel carrier, base body, lid and wheel carrier or formed by base body or lid, or both. Thereof, the scope of the claim remains unclear.
Claim 20 recites “wherein the brake dust collection and storage assembly comprises a replaceable collecting plate extending substantially in circumferential direction and/or radially.”. The term "substantially" is a relative term which renders the claim indefinite. The term "substantially" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Secondly, the directional terms “circumferentially” and “radially” are relative terms; however, the claim does not identify the structure or axis relative to which the collecting plate extends circumferentially or radially. Thereof, the scope of the claim remains unclear. the claim does not provide any reference element.
The dependent claims are also rejected due to their dependency from claim 11.
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.
Claim(s) 11-13, 15, 17-18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsiberidou (DE 102016105169 cited from IDS)
Tsiberidou discloses:
Claim 11: A brake assembly (410; fig.6) of a wheel of a motor vehicle, said brake assembly comprising:
a first brake disc (20) and a second brake disc (22) which are spaced apart from one another (see Fig.6), connected to one another in a rotationally fixed manner (20, 22 are connected to each other by disc unit 12), and arranged to rotate about a common axis of rotation on a wheel carrier (18);
a brake caliper (14) having brake pistons (28-see ¶[0059]-designs with two pistons are conceivable. Note that: applicant uses a consistent numbering system across all figures. Brake device 410 from Fig.6 is similar structure as brake device 110 from Fig.3. Thereof, examiner relies on reference numerals from Fig.3 for purposes of identifying the corresponding components. ) that is axially arranged between the first (20) and second brake discs (22), wherein the brake caliper (14) comprises a base body (body of 14, see Fig.6) and/or lid (16 as 16 mounted on and moves with caliper 14, see ¶[0057]) that extends radially outward over the first (4) and second brake discs (5) and shields a spatial region (24) between the first (4) and second brake (5) discs from outside;
at least one first brake piston (28) configured for applying pressure onto a first arranged brake pad (30) to press the first arranged brake pad (30) against the first brake disc (20) (see ¶[0059]); and
at least one second brake piston (28) configured for applying pressure onto a second arranged brake pad (32) to press the second arranged brake pad (32) against the second brake disc (22) (¶0059]).
Claim 12: The brake assembly according to claim 11, wherein the first (20) and second brake discs (22) comprise inner surfaces which face toward one another (see Fig.6) and outer surfaces which face away from one another (see Fig.6), wherein the first (30) and second brake pads (32) are pressed by the first and second brake pistons (28) only against the inner surfaces of the first (20) and second brake discs (22) which face toward one another.
Claim 13: The brake assembly according to claim 12, further comprising ribs (42) disposed on the outer surface of one of the first (20) and second brake discs (22) to cool and/or increase a flexural rigidity of said one of the first (20) and second brake discs (22) (see ¶[0064]).
Claim 15: The brake assembly according to claim 11, further comprising a labyrinth seal (seals are disposed at side 38,40. Also see ¶[0026]-[0027], [0063]) disposed between
Claim 17: The brake assembly according to claim 11, further comprising a brake dust collection and storage assembly (76) disposed on
Claim 18: The brake assembly according to claim 17, wherein the brake dust collection and storage assembly (76) is either (i) fastened to the base body (76 is indirectly fastened to base body of 14 via disc unit),
Claim 20: The brake assembly according to claim 17, wherein the brake dust collection and storage assembly (76) comprises a replaceable collecting plate (under BRI, “replaceable collecting plate” is interpretated as-plate/ring can be emptied and reinstalled (functionally equivalent to replacement in maintenance routine). In this case, 76 is collector with a suction connection is designed for periodic maintenance and 76 has ring-shaped receiving cavity; see ¶[0074]) extending substantially in circumferential direction and/or radially (as shown in Fig.6; collector 76 extends radially outward from discs)
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsiberidou (DE 102016105169 cited from IDS) in view of ALBRIGHT (US2925889)
Claim 14: Tsiberidou does not disclose a counter bearing that engages on the outer surface of at least one of the first and second brake discs for axially for limiting axial bending of said at least one of the first and second brake discs.
ALBRIGHT teaches a brake assembly (see title) having a counter bearing (10. Note: the specification does not have definition of counter bearing or limit the counter bearing to specific shape or material or components. Thereof, the term is given their ordinary meaning as non-rotating structure that is supported by fixed member that contact with outer surface of brake disc to provide axial support resisting outward bending of the disc under braking loads. In this case, 10 is non-rotating structure that supports the brake discs) that engages on the outer surface (friction surface of 60) of at least one of the first (60) and second brake discs for axially for limiting axial bending of said at least one of the first (60) and second brake discs (col.3 lines 15-29: body 10 reacts axial loads from discs 60, preventing them from bending under braking forces) .
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate counter bearing that engages on the outer surface of at least one of the first and second brake discs for axially for limiting axial bending of said at least one of the first and second brake discs as taught by ALBRIGHT in the brake assembly of Tsiberidou for the purpose of preventing discs from bending under braking forces.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsiberidou (DE 102016105169 cited from IDS) in view of Christ (US 7353919 B2)
Claim 16: Tsiberidou does not disclose wherein the base body and/or the lid and/or the brake caliper have cooling air channels and/or cooling air openings for passing cooling air into the spatial region.
Christ teaches a brake caliper (Fig.1) brake region between 8 and 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include cooling air openings as taught by Christ in the brake caliper of Tsiberidou for the purpose of reducing peak temperature during braking events, minimize thermal stress of brake disks.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsiberidou (DE 102016105169 cited from IDS) in view of Hummel (US 20140054121 A1)
Claim 19: Tsiberidou does not disclose wherein the brake dust collection and storage assembly comprises a replaceable metal braid.
Hummel teaches brake dust collector (1; Fig.1) having filter element (5); wherein the partial sections of the filter element are comprised of sintered metal, ceramic material, or metal (see ¶[0015] or ¶[0041]. Applicant does not define the term “replaceable metal braid”; thereof, the term does not limit to a woven, mesh structure. Under BRI, the term is given its ordinary meaning as metal with porosity can be replaced/reinstalled. )
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate or replace dust collection of Tsiberidou with replaceable porous filter element of Hummel for the purpose of improving dust retention and simplified maintenance.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsiberidou (DE 102016105169 cited from IDS) in view of Hendrich (US 2006/0049005 cited from IDS)
Claim 21: Tsiberidou discloses a brake assembly (110, fig.3) of a wheel of a motor vehicle, said brake assembly comprising:
a first brake disc (20) and a second brake disc (22) which are spaced apart from one another (see Fig.3), connected to one another in a rotationally fixed manner (20, 22 are connected to each other by disc unit 12), and arranged to rotate about a common axis of rotation on a wheel carrier (18);
a brake caliper (14) having brake pistons (28, ¶[0059]) that is axially arranged between the first (20) and second brake discs (22), wherein the brake caliper (14) comprises a base body (body of 14) and/or lid (16 as 16 mounted on and moves with caliper 14, see ¶[0057]) that extends radially outward over the first (4) and second brake discs (5) and shields a spatial region (24) between the first (4) and second brake discs (5) from outside; and
at least one first brake piston (28) configured for applying pressure onto a first arranged brake pad (30) to press the first arranged brake pad (30) against the first brake disc (20) (see ¶[0059]).
Tsiberidou does not disclose wherein the at least one first brake piston is further configured to indirectly apply pressure onto a second arranged brake pad to press the second arranged brake pad against the second brake disc.
Henrich teaches a brake assembly (figs.1-3) having at least one first brake piston (19) configured for applying pressure onto a first arranged brake pad (6) to press the first arranged brake pad (6) against the first brake disc (2), wherein the at least one first brake piston (19) is further configured to indirectly apply pressure onto a second arranged brake pad (9) to press the second arranged brake pad (3) against the second brake disc (3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace fixed caliper of Tsiberidou with float caliper as taught by Henrich for the purpose of achieving more even pad wear, better packaging.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
SHAHIN (US 20230383799 A1) discloses brake dust collector 14.
Kaufmann (US 11796019 B2) discloses brake dust guiding housing 16 produced from metal sheet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571)270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
/LILLIAN T NGUYEN/ Examiner, Art Unit 3655a