DETAILED ACTION
The following is a response to the amendment filed 7/29/2026 which has been entered.
Response to Amendment
Claims 1-9 and 11 are pending in the application. Claim 10 is cancelled and claim 11 is new.
-The specification objection has been withdrawn due to applicant amending the abstract accordingly.
-The 112(b) and 112(d) rejections have been withdrawn due to applicant amending claim 1 accordingly and cancelling claim 10.
-The current 102 and 103 rejections have been withdrawn due to applicant amending claim 1 with limitations not disclosed by the prior art of record used in the rejections.
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) 1-5, 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baba 20040226787 in view of Lotfipour 6142263 and DE 102013002588 (with machine translation and both previously cited). As to claim 1, Baba discloses a brake caliper ([0049], [0059], [0080]) for a disk brake of a vehicle, comprising: a carrier ([0049]); and a first friction unit (as shown in Figure 2 via left or right sides) which is movably guided within the carrier along an axial direction to press against a friction surface of a disk (D), and a second friction unit (as shown in Figure 2 via left or right sides) which is fixed within the carrier to press against an opposite friction surface of the disk, wherein each of the first friction unit and the second friction unit comprises: a support plate (14); and a friction pad (2) comprising a friction material layer (3) that includes a contact surface (30) for contacting the disk, an underlayer ([0078] in Baba describes that 3 can be divided into two parts) including an inner surface which is oriented opposite to the contact surface and which is joined to the support plate and at least one slot (5) wherein the at least one slot (5a) of the first friction unit and the at least one slot (5b) of the second friction unit are formed at different positions ([0080], lines 4-14 describe that each pad has a recess angled at different locations and [0082] describes that the recesses can be at different positions on pad). Although Baba discloses that the recess can be disposed between the two parts as described in [0078], it doesn’t explicitly disclose wherein the underlayer comprises at least one slot formed in the inner surface as recited.
Lotfipour discloses a friction unit for a disk brake of a vehicle, comprising: a support plate (2); and a friction pad (3) comprising a friction material layer that includes a contact surface (surface of 3 opposite to surface contacting 4) for contacting a disk (well known in art for 3 to engage with a brake disk; column 2, lines 8-10), and shows that it is well known in the art to provide an underlayer (4 and 5) including an inner surface (portion of 5 contacting 2 and portion of 4 indirectly contacting 2 via 5) which is oriented opposite to the contact surface and which is joined to the support plate (as shown in Figure), wherein the underlayer (4) comprises at least one slot (6, 7), formed in the inner surface (6 and 7 are formed through 4 which is indirectly contacting 2 via 5).
DE discloses a friction unit for a disk brake of a vehicle, comprising: a support plate (9); and a friction pad (10) comprising a friction material layer that includes a contact surface (surface of 10 opposite to surface contacting 11) for contacting a disk (2), and shows that it is well known in the art to provide an underlayer (11) including an inner surface (13) which is oriented opposite to the contact surface and which is joined to the support plate (as shown in Figure 2), wherein the underlayer comprises at least one slot (20, 21, 28, 30 as shown in Figures 5 and 6), formed in the inner surface (page 5, last paragraph to page 6).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the underlayer inner surface in Baba with at least one slot in view of Lotfipour and DE to improve bonding strength with support plate and further dampen noise and vibration during pad operation to ensure increased operating efficiency of brake.
As to claim 2, Baba in view of Lotfipour and DE discloses wherein the at least one slot ends at a circumference of the underlayer (6 and 7 are described as extending transverse and longitudinal across 4; column 2, lines 36-38 in Lotfipour and page 5, last paragraph to page 6 describes that slots extend in circumferential direction of layer in DE).
As to claim 3, Baba in view of Lotfipour and DE discloses wherein the at least one slot extends between opposite portions of a circumference of the underlayer (6 and 7 are described as extending transverse and longitudinal across 4; column 2, lines 36-38 in Lotfipour and page 5, last paragraph to page 6 describes that slots extend in circumferential direction of layer in DE).
As to claim 4, Baba in view of Lotfipour and DE discloses wherein the at least one slot extends distanced to a circumference of the underlayer (6 and 7 are described as extending transverse and longitudinal across 4; column 2, lines 36-38 in Lotfipour and page 5, last paragraph to page 6 describes that slots extend in circumferential direction of layer).
As to claim 5, Baba in view of Lotfipour and DE discloses wherein the at least one slot forms a void (6 and 7 in Lotfipour and 20, 21, 28, 30 as shown in Figures 5 and 6 in DE) or is filled with a filler material.
As to claim 8, Baba in view of Lotfipour and DE discloses wherein the underlayer has predefined thickness (as shown in Figure in Lotfipour and as shown in Figures 5 and 6 in DE), and wherein the at least one slot has a depth smaller than the thickness of the underlayer (20, 21, 28 and 30 doesn't completely extend through 11 in DE) or has a depth being equal to the thickness of the underlayer so that it extends completely through the underlayer (Figure shows at least 6 extending completely through 4 in Lotfipour).
As to claim 9, Baba in view of DE discloses wherein the contact surface (surface of 10 opposite to surface contacting 11 in DE) of the friction material layer is a continuous surface having a planar main portion (as shown in Figure 2 in DE).
Claim(s) 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baba in view of Lotfipour and DE as applied to claim 1 above, and further in view of Wiaterek 20020153212 (previously cited). As to claim 5, Baba in view of Lotfipour and DE disclose the slot in the form of a void, but doesn't disclose the alternative of being filled with a filler material as recited.
Wiaterek discloses a friction unit and shows that it is well known in the art to form a slot within a friction lining (8) and fill the slot with filler material (12).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the slots in Baba in view of Lotfipour and DE with filler material further in view of Wiaterek to reduce vibration during friction unit operation as well as increase strength of slots themselves to avoid weakening of lining during operation.
As to claim 7, Baba in view of Lotfipour and DE and further in view of Wiaterek discloses wherein the filler material includes or is made of a phenolic resin, expanded polystyrene, wood fibers, or rubber (Wiaterek discloses the multiple materials that can be used in the filler 12 that encompasses the recited materials [0028]-[0031]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baba in view of Lotfipour and DE as applied to claims 1 and 5 above, and further in view of Wiaterek as applied to claims 1 and 5 above, and further in view of WO 2016130733 (previously cited). Baba in view of Lotfipour and DE and further in view of Wiaterek discloses the underlayer and shows that it is well known in the art to design the layer pertaining to at least Young's modulus (column 2, lines 11-23 in Lotfipour). However, Baba in view of Lotfipour and DE and further in view of Wiaterek doesn't explicitly disclose the filler material having one or more of the properties via percentage as recited.
WO shows that it is well known in the art to produce filler for friction materials (page 8, lines 15-21 and page 23, lines 13-15) using one or more of the fundamental properties as recited (as shown in tables on pages 12-14) wherein at least the Young's modulus for the filler would be at least 20% smaller than the underlayers in Baba in view of Lotfipour and DE (page 16, lines 6-7 does describe that elastic modulus for phenolic resin material is at least 2.5% during testing).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a filler in Baba in view of Lotfipour and DE and further in view of Wiaterek with the fundamental material properties via percentage as recited further in view of WO to reduce vibration during friction unit operation as well as increase strength of slots themselves to avoid weakening of lining during operation.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baba in view of Lotfipour and DE as applied to claim 1 above, and further in view of Misumi et al 20160131208. Baba in view of Lotfipour and DE discloses at least one slot (5a) of the first friction unit pressed by a piston and at least one slot (5b) of the second friction unit wherein the pad itself has regions pressed by fingers of the carrier ([0049], [0059], [0080] describe claws of caliper contacting pads). Although Baba describes recesses can be formed in different positions and locations on pads ([0081]-[0082]), Baba doesn’t explicitly disclose at least one slot of the first friction unit formed at a position including a central region pressed by a piston and the at least one slot of the second friction unit formed at a position including end regions pressed by fingers as recited.
Misumi discloses a brake caliper (as shown in Figure 2) having a first friction unit (3) and a second friction unit (4) and shows that it is well known in the art to provide a pad (7) of the first unit with at least one slot (10 within unit 3) formed at a position including a central region and a pad (7) of the second friction unit with at least one slot (10 within unit 4) formed at a position including end regions.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the first unit slots and second unit slots in Baba in view of Lotfipour and DE in central and end positions further in view of Misumi to dampen noise and vibration pertaining to different pressure points per pad during operation to ensure increased operating efficiency of brake.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Naito 20150068853 discloses a brake caliper and shows that it is well known in the art to provide at least one slot of a first friction unit and at least one slot of a second friction unit formed at different positions (as shown in Figure 2 within pads 4b).
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 TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 September 26, 2026
Prosecution Insights