DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to claim 10 have been considered but are moot because the new ground of rejection due to the newly filed claims.
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 10 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aragane (JP 2021173312 A).
In Re claim 10, Aragane discloses a disc brake (100), comprising: a caliper (1) including: a piston (10); friction pads (61, 62); a cylinder part (3); a bridge part (3, 31); a claw part (32) with a recess portion (321); and a cover (8) including: a plate part (81); and at least a single locking part (82+) restricting movement of the plate part in a rotation direction with respect to the recessed part, wherein the locking part is in contact with a locking groove (9, 91, 92) formed on inner surface of the recessed portion.
In Re claim 14, the locking part (82) is integral with the plate (81; see fig. 8).
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Aragane (JP 2021173312 A).
In Re claim 18, Aragane fails to specifically disclose that the cover is formed of more than one piece. However, the examiner asserts that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the cover of two pieces, as a matter of engineering design choice, simply to aid with manufacturing and packaging, and to allow for servicing and replacement of the plate part, which would be useful for advertising and licensing. The examiner notes that it has held that constructing a formerly integral structure in various elements involves only routine skill in the art (MPEP 2144.04).
Allowable Subject Matter
Claims 8, 9, 11-13, 15-17, and 19 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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 THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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 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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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616
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