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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 and 19 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.
Claim 11 recites “the end face”. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites “the outer diameter of the supporting surface is 20% to 40% larger than a nominal diameter of the external thread of the adjusting spindle.” The only mention of a 20% to 40% larger diameter in the specification is [0038] “ A spindle neck of the adjusting spindle is preferably around 20%-40% larger than the diameter of the external thread 19.” A “spindle neck” would not seem to be the same the supporting surface of the pressure piece. It is not clear if the language of claim 19 is incorrect, or if it is directed at something other than the features described in [0038].
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 9-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2010/049133.
WO ‘133 disclose all the limitations of the instant claim including; brake application device of a disc brake for a commercial vehicle, comprising: a brake lever ([0003], the disk brake of DE 195 15 063); and a brake plunger actuated by the brake lever, wherein the brake plunger comprises an adjusting spindle 5/8 provided with an external thread [0003][0007] and a pressure piece 6 which bears against a radially aligned support surface 11 of the adjusting spindle that faces a brake pad; and wherein an outer diameter of the support surface 11 of the adjusting spindle is at least 60% of a diameter of a pressure surface of the pressure piece 6. Figures 3-4. Figure 3 shows the support surface 11 greater than the diameter of the pressure surface of pressure piece 6. Figure 4 shows support surface 11 slightly smaller that the pressure surface (top surface) of pressure piece 6, and the same diameter as the pressure surface of 6 adjoining 11.
Regarding claim 10, the support surface 11 is formed by an end face 11 of the adjusting spindle 5/8.
Regarding claim 11, a ring 8 is arranged on the adjusting spindle on the side facing the pressure piece 6, which ring forms an aligned support surface (end of 10) with a radially aligned side together with the end face (end of 5 engaged with 10) of the adjusting spindle.
Regarding claim 12, a ring 8 is arranged on the adjusting spindle on the side facing the pressure piece 6, wherein the ring has a radially aligned flange 10 which covers an end face (end of 5) of the adjusting spindle facing the thrust piece and forms an uninterrupted support surface. Note the support surface is an uninterrupted annular surface.
Regarding claims 13-14, the ring 8 is held on a collar of the adjusting spindle. Note the portion of 5 abutted by the end surface of 10 appears structurally identical to the collar of the instant invention.
Regarding claims 15-16, the adjusting spindle 5 is rotatable relative to the ring 8. [0029]
Regarding claims 17-18, the ring 8 is firmly connected (axially fixed) to the adjusting spindle 4. [0029]
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 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2010/049133.
WO ‘133 discloses all the limitations of the instant claim with exception to the specific disclosure of the outer diameter of the supporting surface being 20% to 40% larger than a nominal diameter of the external thread of the adjusting spindle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine the relative dimensions of the threaded portion and the insulating shield 8 of WO ‘133 through routine design and/or experimentation to provide optimum strength and thermal characteristics for a given application. Also note MPEP 2144.05(II)(A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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