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 .
Specification
The abstract is objected to for containing implied phrases, e.g. “Provided is”. Appropriate correction is required.
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.
Claim(s) 17-19, 27, and 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuller et al. (2006/0272909 A1).
As per claim 17, Fuller discloses Brake Assembly And Coating comprising:
a braking band (32, Fig: 1) provided with two opposite braking surfaces (Fig: 1), each of which defines at least partially one of two main faces of the brake disc (S1, Fig: 1-2), the braking band being made of gray cast iron or steel (the components of the brake assembly may be fabricated in a known manner from standard gray cast iron, steel, aluminum, or other material, alloy, or composite, [0033], Fig: 1-2);
said brake disc being provided with a base layer that covers at least one of the two opposite braking surfaces of the braking band (Fuller disclosed In accordance with the present invention, a coating is applied to a component, a brake assembly component for example, wherein the assembly includes at least one wear surface having a propensity or likelihood of corroding, or to at least one surface predisposed to corrosion, that is function base layer),
wherein the base layer is composed of a steel totally free from nickel, except for impurities (Transitional metals and alloys thereof include, but are not limited to, copper, 420 stainless steel, [0036], stainless steel 420 is nickel free, Examiner disclosed Stainless Steel 420 Grade Data Sheet) and
wherein the steel of the base layer is composed of 10% to 15% chromium (Cr), at most 1% silicon (Si), at most 4% manganese (Mn), 0.16% to 0.5% carbon (C), extremes included, and iron (Fe) as a balance (Fuller further discloses material composition in 420 grade steel in Specified Properties table, that is 12% to 14% chromium (Cr), at most 1% silicon (Si), , 0.15% carbon (C) (see, Composition Specification (%) of Stainless Steel 420 Grade Data Sheet).
As per claim 18, Fuller discloses wherein the base layer is further composed of one or more carbides included in the steel totally free from nickel (Carbides include silicon carbide, transitional metal carbides, chromium carbide, tungsten carbide, boron carbide, other carbides, and mixtures thereof., [0036], Fig: 1-2).
As per claim 19, Fuller discloses wherein the one or more carbides comprise at least one carbide selected from the group consisting of: tungsten carbide (WC), chromium carbide (CrC), niobium carbide (NbC), and titanium carbide (TiC) (Carbides include silicon carbide, transitional metal carbides, chromium carbide, tungsten carbide, boron carbide, other carbides, and mixtures thereof., [0036], Fig: 1-2).
As per claim 27, Fuller discloses wherein a percentage of chromium in the bass layer is between 11% and 14%, extremes included. (Cr in 12.00 14.00, Composition Specification (%) table).
As per claim 29, Fuller discloses Brake Assembly And Coating comprising:
the method comprising the following steps:
a) preparing a brake disc comprising a braking band (32, Fig: 1) provided with two opposite braking surfaces (Fig: 1), each of which defines at least partially one of two main faces of the brake disc (S1, Fig: 1-2), the braking band being made of gray cast iron or steel (the components of the brake assembly may be fabricated in a known manner from standard gray cast iron, steel, aluminum, or other material, alloy, or composite, [0033], Fig: 1-2);; and
b) depositing a base layer composed of steel totally free from nickel (Transitional metals and alloys thereof include, but are not limited to, copper, 420 stainless steel, [0036], stainless steel 420 is nickel free, Examiner disclosed Stainless Steel 420 Grade Data Sheet), except for impurities, and
wherein the steel of the base layer is composed of 10% to 15% chromium (Cr), at most 1% silicon (Si), at most 4% manganese (Mn), 0.16% to 0.5% carbon (C), extremes included, and iron (Fe) as a balance (Fuller further discloses material composition in 420 grade steel in Specified Properties table, that is 12% to 14% chromium (Cr), at most 1% silicon (Si), , 0.15% carbon (C), (see, Composition Specification (%) of Stainless Steel 420 Grade Data Sheet).
As per claim 30, Fuller discloses wherein step b) of depositing the base layer provides depositing a composition in particle form composed of nickel-free steel, by a laser deposition technique, or by a thermal spray deposition technique (FIG. 6 illustrates an exemplary spray coating process as applied to a brake rotor, and a coated brake rotor ready for service. Any spray process may be used as long as the resultant coating performs adequately (e.g. thermal spray, kinetic spray or others)), or by a cold spray deposition technique.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 20-24 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuller et al. (2006/0272909 A1) as applied to claim 17 above, and further in view of Rettig et al. (US – 2020/0072307 A1).
As per claim 20, Fuller discloses material of stainless steel with nickel free but fails to explicitly disclose wherein an intermediate layer is interposed between the base layer and at least one of the two opposite braking surfaces of the braking band.
Rettig discloses Brake Disk and Method for Producing A Brake Disk comprising:
an intermediate layer (4, Fig: 1) is interposed between the base layer (5, Fig: 1) and at least one of the two opposite braking surfaces of the braking band (2, Fig: 1).
Therefore, Rettig discloses intermediate layer is interposed between the base layer (5, Fig: 1) and at least one of the two opposite braking surfaces of the braking band but fails to explicitly disclose intermediate layer is nickel free.
Fuller discloses similar brake disc with base layer of stainless steel with nickel free (Stainless Steel 420, (see, Composition Specification (%) of Stainless Steel 420 Grade Data Sheet).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilized the stainless steel with free of nickel taught by Fuller for intermediate layer of Rettig to provide more correction resistance brake disc and long brake disc life.
As per claims 21 and 34, Fuller discloses wherein the intermediate layer comprises a steel free from nickel composed of 10% to 15% chromium (Cr), at most 1% silicon (Si), at most 4% manganese (Mn), 0.16% to 0.5% carbon (C) and iron (Fe) as a balance ((see, Composition Specification (%) of Stainless Steel 420 Grade Data Sheet).
As per claim 22, Fuller discloses all the structure elements of the claimed invention but fails to explicitly disclose wherein an intermediate layer of steel comprising: nickel is interposed between the base layer and at least one of the two opposite braking surfaces of the braking banc.
Rettig discloses Brake Disk And Method For Producing A Brake Disk comprising:
wherein, an intermediate layer (4, Fig: 1) is interposed between the base layer (5, Fig: 1) and at least one of the two opposite braking surfaces of the braking band (2, [0047], Fig: 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Brake Assembly And Coating of the Fuller to include the intermediate layer which is interposed between the base layer and at least one of the two opposite braking surfaces of the braking band as taught by Rettig in order to effect of stopping cracks that may arise in the course of the extreme alternating thermal stress in the anti-abrasion layer during braking and thus guarantees the avoidance of subsurface corrosion due to cracking in the course of continuous use of brake disks.
As per claim 23, Rettig further disclose wherein the intermediate layer comprises a steel with a nickel content at most equal to 15% or equal to 15% (According to an advantageous form, the anti-corrosion layer based on iron has a chromium content of between 18% by weight and 30% by weight, a nickel content of between 1% by weight and 8% by weight, [0023], Fig: 1).
As per claim 24, Rettig further disclose wherein the intermediate layer (4, anti-corrosion layer, Fig: 1) comprises a steel with a nickel content (at most equal to 7.5% or equal to 7.5% (a nickel content of between 1% by weight and 8% by weight, and In one application, a duplex steel or a super duplex steel can be used, [0023], Fig: 1).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuller et al. (2006/0272909 A1) as applied to claims 29-30 above, and further in view of SAGA et al. (US – 2016/0223041 A1).
As per claim 31, Fuller discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the laser deposition technique is LMD (Laser Metal Deposition) technique or EHLA (Extreme High-speed Laser Application) technique.
SAGA discloses Brake Disc And Manufacturing Method comprising:
wherein the laser deposition technique is LMD (Laser Metal Deposition) technique or EHLA (Extreme High-speed Laser Application) technique (The brake disc 13 includes a disc main body 133 and a build-up layer 134 formed on the surface of the disc main body 133 by means of laser metal deposition welding (LMD welding), [0047], Fig: 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Brake Assembly And Coating of the Fuller to include the laser deposition technique is LMD (Laser Metal Deposition) technique or EHLA (Extreme High-speed Laser Application) technique as taught by SAGA in order to prevent the degradation of the strength and functionality of the build-up layer. In addition, since it is also possible to suppress the generation of poor welding results such as beads, blowholes, or pits having irregular shapes in the build-up layer, it becomes possible to further prevent a decrease in the strength of the build-up layer.
Claim(s) 32 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuller et al. (2006/0272909 A1) as applied to claim 29 above, and further in view of Carminati et al. (US – 2020/0378459 A1).
As per claim 32, Fuller discloses all the structural elements of the claimed invention but fails to explicitly disclose a step c) of depositing over said base layer a material in particle form composed of one of tungsten carbide (WC), niobium carbide (NbC), titanium carbide (Tic), or chromium carbide (CrC) by a thermal spray deposition technique, optionally the thermal spray deposition technique being one of HVOF (High-Velocity Oxy-Fuel) technique, HVAF (High-Velocity Air Fuel) technique, or APS (Atmosphere Plasma Spray) technique, or by a cold spray deposition technique, optionally the cold spray deposition technique being KM (Kinetic Metallization) technique, or by a laser beam deposition technique, optionally the laser beam deposition technique being one of LMD (Laser Metal Deposition) technique, HSLC (High-speed Laser Cladding) technique, EHLA (Extreme High-speed Laser Application) technique, or TSC (Top Speed Cladding) technique, forming a surface protective coating that covers the base layer.
Carminati discloses Method For Making A Brake Disc comprising:
a step c) of depositing over said base layer a material in particle form composed of one of tungsten carbide (WC) (depositing on said base protective coating a material in particle form consisting of tungsten carbide (WC), [0024]), niobium carbide (NbC), titanium carbide (Tic), or chromium carbide (CrC) by a thermal spray deposition technique, optionally the thermal spray deposition technique being one of HVOF (High-Velocity Oxy-Fuel) technique, HVAF (High-Velocity Air Fuel) technique (by HVOF (High Velocity Oxygen Fuel) technique or by HVAF (High Velocity Air Fuel) technique, [0024]) or by KM (Kinetic Metallization) technique, forming a surface protective coating, consisting of tungsten carbide (WC) and iron (Fe), chromium (Cr) and aluminum (Al) and covering at least one of the two braking surfaces of the braking band.), or APS (Atmosphere Plasma Spray) technique, or by a cold spray deposition technique, optionally the cold spray deposition technique being KM (Kinetic Metallization) technique, or by a laser beam deposition technique, optionally the laser beam deposition technique being one of LMD (Laser Metal Deposition) technique, HSLC (High-speed Laser Cladding) technique, EHLA (Extreme High-speed Laser Application) technique, or TSC (Top Speed Cladding) technique, forming a surface protective coating that covers the base layer.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Brake Assembly And Coating of the Fuller to include the step c) of depositing over said base layer a material in particle form composed of one of tungsten carbide (WC) and , niobium carbide (NbC), titanium carbide (Tic), or chromium carbide (CrC) by a thermal spray deposition technique, optionally the thermal spray deposition technique being one of HVOF (High-Velocity Oxy-Fuel) technique, HVAF (High-Velocity Air Fuel) technique (by HVOF (High Velocity Oxygen Fuel) technique or by HVAF (High Velocity Air Fuel) as taught by Carminati in order to provide with protective coatings which are not subject to peeling or are subject to it to a much lesser degree than the known solutions, so as to guarantee wear-resistance over time.
As per claim 33, Carminati further discloses wherein the surface protective coating covers the base layer at least for an entire surface of one of the two opposite braking surfaces of the braking band (whereby forming a base protective coating covering at least one of the two braking surfaces of the braking band in direct contact therewith, [0023], Fig: 2).
Allowable Subject Matter
Claims 25-26 and 28 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.
Prior art and teaches fail to disclose a surface protective coating that covers the base layer at least on a side of one of the two opposite braking surfaces of the braking band, said surface protective coating being disposed on a side of the base layer not facing towards one of the two opposite braking surfaces (Claim 25). Claims 26 and 28 depend on claim 25.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A: Hiramatsu Naoto (EP – 1203830 B1), and
B: Lembach Oliver (DE 102010048075 A1).
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/SAN M AUNG/Examiner, Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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