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 .
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 2 and 7 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.
Re: claims 2 and 7. The phrase “a retaining pin” is indefinite in light of the recitation of “a retaining mechanism” in claim 1. It is unclear to the Examiner whether the retaining pin is different from or forms a part of the earlier recited retaining mechanism. A similar issue exists with respect to the retaining faster in claim 7.
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 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2016/0333953 to Lewis in view CN-102906444 (CN’444), US 4749066 to Garrett, and EP-3287659 (EP’659).
Re: claim 1. Lewis shows in figure 1 and describes in paragraphs [0042-0043] a sphere brake system for a vehicle, the sphere brake system comprising: a bracket 140 secured to a non-rotating component of the vehicle to at least partially encircle a spherical rotor 108 attached to a rotating member 122 of the vehicle; a brake pad assembly 136 disposed externally to the spherical rotor 108 and engageable with the spherical rotor 108 as described in paragraphs [0042-0043]; and an actuator or the hydraulic pressure from the depression of the brake pedal and the hydraulic shaft 134 engageable with the brake pad assembly 136 to apply a radially inward force, normal to the surface of the spherical rotor 108; wherein the brake pad assembly comprises: a friction pad 136, but is silent with regard to the limitation
wherein an axial face of the bracket includes an access window located radially in the axial face between the actuator and the spherical rotor and shaped to enable the brake pad assembly to be inserted and removed from the bracket through the axial face; and wherein the brake pad assembly comprises: a backing plate; a spacer; and a retaining mechanism that is securable to the bracket or axially engageable against the actuator to prevent axial movement relative to the actuator.
2the use of an access window 32 in the housing or bracket 12 that is shown to be large enough or shaped such that the brake pad assembly can be inserted and removed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the shape of the access window of Lewis, as modified, to have been shaped such that the brake pad assembly can be inserted and removed, in view of the teachings of Garrett, in order to provide a means of facilitating the replacement or repair of the brake pad assembly without having to remove the entire caliper to reduce repair time and steps.
EP’659 teaches in figure 1 the use of a brake pad assembly including in addition to a friction pad 3, a backing plate 4, a spacer S, and a retaining mechanism 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the brake pad assembly of Lewis, as modified, to have included a backing plate, a spacer, and a retaining mechanism, in view of the teachings of EP’659, to provide a sturdy plate to connect the friction pad to guide it within the grooves of the caliper during braking events, and to include a spacer to help prevent wear between the backing plate and the actuator, and to include a retaining mechanism to help prevent decoupling of the pad and backing plate from the actuator.
Re: claim 8. Lewis, as modified, teach in figure 1 of EP’659 the limitation wherein a distal end of the spacer S includes an outward oriented projection t1 configured for engagement against a distal edge of the actuator P1 to help prevent decoupling of the pad and backing plate from the actuator.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2016/0333953 to Lewis in view CN-102906444 (CN’444), US 4749066 to Garrett, and EP-3287659 (EP’659) as applied above, and further in view of US Patent Application 2006/0027427 to Anda et al.
Lewis, as modified, is silent with regard to the spacer including C-channels which engage the sides of the backing plate.
Anda et al. teach in figure 4 the use of a spacer 20 with C-channels 20a, 20b, 20c which engage the sides of a backing plate 30.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the spacer of Lewis, as modified, to have included C-channels to engage the sides of the backing plate, in view of the teachings of Anda et al., in order to provide a means of helping to prevent decoupling of the spacer from the backing plate.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2016/0333953 to Lewis in view CN-102906444 (CN’444), US 4749066 to Garrett, and EP-3287659 (EP’659), and Anda et al. as applied above, and further in view of US Patent Application 2012/0152667 to Bosco Jr.
Lewis, as modified, is silent with regard to the backing plate including one or more axially elongated apertures and the spacer including one or more projections as recited.
Bosco Jr. teaches in figures 6 and 8 a backing plate 110 including one or more axially elongated apertures 150 and a spacer 10 including one or more projections 40 provided in a corresponding location to interlock the brake pad assembly within a limited range of sliding motion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the connection of the spacer with the backing plate of Lewis, as modified, to have been via at least one projection on the spacer fitting within at least one aperture on the backing plate, in view of the teachings of Bosco Jr., in order to provide a further means of more securely coupling the spacer onto the backing plate along with the friction lining while allowing for tolerance considerations.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2016/0333953 to Lewis in view EP-3287659 (EP’659).
Lewis shows in figure 1 a sphere brake system brake pad assembly, the brake pad assembly comprising: a friction pad 136 configured to engage a spherical rotor 108 attached to a rotating member 122 of a vehicle; but is silent with regard to a backing plate; a spacer; and a retaining mechanism configured to secure the brake pad assembly to a bracket secured to a non-rotating component of the vehicle or to engage against an actuator to prevent lateral movement relative to the actuator.
EP’659 teaches in figure 1 the use of a brake pad assembly including in addition to a friction pad 3, a backing plate 4, a spacer S, and a retaining mechanism 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the brake pad assembly of Lewis to have included a backing plate, a spacer, and a retaining mechanism, in view of the teachings of EP’659, to provide a sturdy plate to connect the friction pad to guide it within the grooves of the caliper during braking events, and to include a spacer to help prevent wear between the backing plate and the actuator, and to include a retaining mechanism to help prevent decoupling of the pad and backing plate from the actuator.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2016/0333953 to Lewis in view EP-3287659 (EP’659) as applied above, and further in view of US Patent Application 2006/0027427 to Anda et al.
Lewis, as modified, is silent with regard to the spacer including C-channels which engage the sides of the backing plate.
Anda et al. teach in figure 4 the use of a spacer 20 with C-channels 20a, 20b, 20c which engage the sides of a backing plate 30.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the spacer of Lewis, as modified, to have included C-channels to engage the sides of the backing plate, in view of the teachings of Anda et al., in order to provide a means of helping to prevent decoupling of the spacer from the backing plate.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2016/0333953 to Lewis in view EP-3287659 (EP’659) and Anda et al. as applied above, and further in view of US Patent Application 2012/0152667 to Bosco Jr.
Lewis, as modified, is silent with regard to the backing plate including one or more axially elongated apertures and the spacer including one or more projections as recited.
Bosco Jr. teaches in figures 6 and 8 a backing plate 110 including one or more axially elongated apertures 150 and a spacer 10 including one or more projections 40 provided in a corresponding location to interlock the brake pad assembly within a limited range of sliding motion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the connection of the spacer with the backing plate of Lewis, as modified, to have been via at least one projection on the spacer fitting within at least one aperture on the backing plate, in view of the teachings of Bosco Jr., in order to provide a further means of more securely coupling the spacer onto the backing plate along with the friction lining while allowing for tolerance considerations.
Allowable Subject Matter
Claims 2 and 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 3, 6, 9-15, 19, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application 2015/0275994 to Afaneh et al. teaches the use of a coupling of a spacer to a backing plate and US Patent Application 2011/00132701 to Lewis teaches the use of a similar sphere brake system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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mmb
July 3, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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