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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/14/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being 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 12-22 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.
Regarding claim 12, it is not clear if “a workpiece” in line 1 and line 2 of the claim are the same workpiece or different workpieces.
Regarding claim 12, it is not clear if “a refinement layer” in line 1 and line 3 of the claim are the same refinement layer or different layers.
Regarding claim 13, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Regarding claim 14, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Regarding claim 15, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Regarding claim 16, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Claim 16 recites the limitation "the stresses in the adhesive layer" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 17, it is not clear if “a refinement layer” in line 1 and line 2 of the claim are the same refinement layer or different layers.
Regarding claim 18, it is not clear if “a refinement layer” in line 1 and line 2 of the claim are the same refinement layer or different layers.
Claim 19 recites the limitation "said manufacturing method" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 20 the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Regarding claim 21, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Regarding claim 22, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
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 12-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meckel (US 2009/0050423 A1).
Regarding claim 12, Meckel discloses manufacturing method for a workpiece (12) with a refinement layer, comprising the following steps:
a. providing a workpiece (12) with a treatment surface (note the surface of the body 26); and
b. providing the treatment surface with a refinement layer (note the layers 28 and 30), wherein the method further comprises at least the following step:
c. reducing stresses in the refinement layer (note various methods may be imparted to the brake surfaces and the coating layers in [0009]-[0012]).
Re-claim 13, Meckel discloses wherein in step c. the stresses in the refinement layer, and preferably also in the treatment surface, are reduced by means of at least one of the following methods:- stress-relief annealing; - roller-burnishing; - hammering; - pressing (note the various machining or forming techniques, including bead blasting, grinding, acid etching, laser etching, roll forming, embossing, stamping, honing, lapped, polished, blanched, milled, profiled or any other machined surface treatment or surface geometry modification and any combination(s) thereof in [0009] and [0031]-[0034]).
Re-claim 14, Meckel discloses wherein at least one of the following properties is further achieved in comparison to the coating result by means of step b:- a reduced roughness; and - an increased surface density, wherein preferably this at least one property is achieved in step c (note the various machining or forming techniques, including bead blasting, grinding, acid etching, laser etching, roll forming, embossing, stamping, honing, lapped, polished, blanched, milled, profiled or any other machined surface treatment or surface geometry modification and any combination(s) thereof in [0009] and [0031]-[0034]).
Re-claim 15, Meckel discloses wherein the refinement layer comprises an adhesive layer (28; [0046]) and a functional layer, preferably a friction layer (30), wherein the adhesive layer is arranged between the treatment surface and the functional layer.
Re-claim 16, Meckel discloses wherein in step c. the stresses in the adhesive layer, preferably exclusively in the adhesive layer with respect to the refinement layer, are reduced (note the various machining or forming techniques, including bead blasting, grinding, acid etching, laser etching, roll forming, embossing, stamping, honing, lapped, polished, blanched, milled, profiled or any other machined surface treatment or surface geometry modification and any combination(s) thereof in [0009], [0031]-[0034] and also note [0047] for maintaining preferred thickness of the coating layer 24).
Regarding claim 17, Meckel discloses workpiece (12) with a refinement layer (24), wherein the workpiece has a support body (26) with a treatment surface (29), wherein a refinement layer is applied to the treatment surface, wherein the refinement layer is re-compressed (note various methods may be imparted to the brake surfaces and the coating layers in [0009]-[0012]).
Regarding claim 18, Meckel discloses workpiece (12) with a refinement layer (24), wherein the workpiece has a support body (26) with a treatment surface (29), wherein a refinement layer is applied to the treatment surface, wherein the stress in the refinement layer is neutral or compressive stress (note various methods may be imparted to the brake surfaces and the coating layers in [0009]-[0012]).
Re-claim 19, Meckel discloses wherein the workpiece is finished by means of said manufacturing method (note various methods may be imparted to the brake surfaces and the coating layers in [0009]-[0012]).
Re-claim 20, Meckel discloses wherein the workpiece is a rotary workpiece (12) with an axis of rotation, preferably a brake disc for a motor vehicle.
Re-claim 21, Meckel discloses wherein the refinement layer comprises an adhesive layer and a functional layer, preferably a friction layer, wherein the adhesive layer is arranged between the treatment surface and the functional layer (note the various machining or forming techniques, including bead blasting, grinding, acid etching, laser etching, roll forming, embossing, stamping, honing, lapped, polished, blanched, milled, profiled or any other machined surface treatment or surface geometry modification and any combination(s) thereof in [0009] , [0031]-[0034] and also note [0047] for maintaining preferred thickness of the coating layer 24).
Re-claim 22, Meckel discloses wherein the adhesive layer, preferably exclusively the adhesive layer with respect to the refinement layer, is re-compressed and/or the stress in the adhesive layer, preferably exclusively the adhesive layer with respect to the refinement layer, is neutral or a compressive stress (note the various machining or forming techniques, including bead blasting, grinding, acid etching, laser etching, roll forming, embossing, stamping, honing, lapped, polished, blanched, milled, profiled or any other machined surface treatment or surface geometry modification and any combination(s) thereof in [0009], [0031]-[0034] and also note [0047] for maintaining preferred thickness of the coating layer 24).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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, ROBERT SICONOLFI can be reached at 5712727124. 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.
/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
Prosecution Insights