DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the first Office Action on the merits for application no. 18/729,939 filed on July 18th, 2024. Claims 11-20 are pending.
Priority
Examiner acknowledges the Applicant’s claim to priority of applications IT 10 2022 0000 00806, IT 10 2022 0000 00800, IT 10 2022 0000 00809 and IT 10 2022 0000 00794 all filed on January 19th, 2022. Certified copies were received on July 18th, 2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 18th, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement was considered by the Examiner.
Claim Objections
Regarding Claims 11-15 and 18-19, please change all instances of “said at least a first inclined boss” to - - said at least [[a]] first inclined boss - - as antecedent basis has already been established in claim 11 (line 17).
Regarding Claims 11-15 and 18-19, please change all instances of “said at least a second inclined boss” to - - said at least [[a]] second inclined boss - - as antecedent basis has already been established in claim 11 (line 26).
Regarding Claim 11 (lines 37-38), please change the recitation of “with respect to the same radial direction” to - - with respect to the [[same]] radial direction - - as this feature is previously referred to in claim 1 (line 4).
Regarding Claim 12-19 (line 1), please change the recitation of “A braking band according to claim 11” to - - [[A]] The braking band according to claim 11 - - as antecedent basis has already been established in claim 11 (line 1).
Regarding Claim 12 (line 2), please change the recitation of “from the same inner surface (8 or 9)” to - - from the same inner surface
Regarding Claim 13, please change the recitation of “a circumferential direction” to - - [[a]] the circumferential direction - - as antecedent basis has already been established in claim 11 (line 5).
Regarding Claim 15, please change the recitation of “said at least a second inclined boss protrudes from the inner surface opposite to the inner surface from which said at least a first inclined boss protrudes” to - - said at least a second inclined boss protrudes from the inner surface opposite to the opposing inner surface from which said at least a first inclined boss protrudes - - to correct a minor informality regarding antecedent basis.
Regarding Claim 16 (lines 5-6), please change the recitation of “each of said second inclined bosses protrudes from the inner surface opposite to the inner surface from which each of said first inclined bosses protrudes” to - - each of said second inclined bosses protrudes from the inner surface opposite to the opposing inner surface from which each of said first inclined bosses protrudes - - to correct a minor informality regarding antecedent basis.
Regarding Claim 18 (line 6), please change the recitation of “in which an end portion thereof” to - - in which [[an]] each end portion thereof - - to establish antecedent basis for both end portions.
Regarding Claim 18 (line 10), please change the recitation of “in which an end portion thereof” to - - in which [[an]] each end portion thereof - - to establish antecedent basis for both end portions.
Regarding Claim 18 (line 15), please change the recitation of “in which an end portion thereof” to - - in which [[an]] each end portion thereof - - to establish antecedent basis for both end portions.
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 11-20 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 pre-AIA the applicant regards as the invention.
Regarding Claim 11 (lines 3-7), in the recitation of “said rotation axis defines an axial direction either coinciding with or parallel to said rotation axis, a radial direction orthogonal to said rotation axis and orthogonal to any axial direction incident with said radial direction, as well as a circumferential direction orthogonal to both said axial direction and said radial direction in any intersection point” it is generally unclear how many directions Applicant intends to recite and whether these directions are clearly defined. The lack of clarity renders the claim indefinite. Applicant could recite “said rotation axis defines an axial direction [[either]] coinciding with said axial direction
Regarding Claim 11 (lines 8-10), in the recitation of “said braking band comprises two opposite plates, which define opposite braking surfaces and substantially flat opposite inner surfaces; a ventilation duct delimited by said substantially flat opposite inner surfaces” the metes and bounds of “substantially flat” is unclear. As seen in Figs. 4-5, the inner surface (9) is clearly not flat as there are many features (at least 13, 14, 17 and 18) protruding from said inner surface (9). The lack of clarity renders the claim indefinite. Applicant could recite “said braking band comprises two opposite plates, which define opposite braking surfaces and
Regarding Claim 18 (last clause), in the recitation of “said at least a first inclined boss and said at least a second inclined boss form a "V" shape in which an end portion thereof is joined and a boss pin which joins said two opposite plates is provided between said first inclined boss and said at least a second inclined boss; and wherein said boss pin partially interpenetrates said at least a first inclined boss and said at least a second inclined boss” it is generally unclear how many alternatives Applicant intended to recite. The lack of clarity renders the claim indefinite. Applicant could recite “said at least a first inclined boss and said at least a second inclined boss form a "V" shape in which an end portion thereof is joined and a boss pin which joins said two opposite plates is provided between said first inclined boss and said at least a second inclined boss[[;]], and wherein said boss pin partially interpenetrates said at least a first inclined boss and said at least a second inclined boss” to clarify the recitation and Examiner will interpret the recitation as such during examination.
Regarding Claim 20, in the recitation of “A disc brake disc comprising a braking band according to claim 11” the difference between the “brake disc” recited in claim 11 (line 1), the “disc brake” recited in claim 11 (line 1) and the “disc brake disc” recited in claim 20 (line 1) is unclear. The lack of clarity renders the claim indefinite. Applicant could recite “The brake disc comprising [[a]] the braking band according to claim 11” to clarify the recitation and Examiner will interpret the recitation as such during examination. See MPEP 2173.05(o) – Double Inclusion.
Claims 12-20 are rejected based upon their dependency to a rejected base claim.
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 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 11-13 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (US 2020/0132146). Zhang was cited on the IDS filed July 18th, 2024.
Regarding Claim 11, Zhang teaches a braking band (Figs. 2A and 2; at least “two annular members” 23 and 24, “braking application surface” 27 and “braking application surface” 28, “back surface” 25 and “back surface” 26) of a brake disc (“brake disc” 20) of a disc brake (see Fig. 2), wherein said braking band (at least 23 and 24) comprises a band body (see Fig. 2) adapted to rotate about a rotation axis (see Fig. 2), said rotation axis defines an axial direction either coinciding with or parallel to said rotation axis (see Fig. 2), a radial direction (see Examiner Fig. 1) orthogonal to said rotation axis and orthogonal to any axial direction (see 112(b) rejection above) incident with said radial direction, as well as a circumferential direction orthogonal to both said axial direction and said radial direction in any intersection point (see 112(b) rejection above);
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Examiner Fig. 1 – Fig. 2 of Zhang
said braking band comprises two opposite plates (23 and 24), which define opposite braking surfaces (27 and 28) and substantially flat opposite inner surfaces (25 and 26; see 112(b) rejection above);
a ventilation duct (see arrows in Fig. 2) delimited by said substantially flat opposite inner surfaces (25, 26) is provided between said plates (23, 24);
said ventilation duct (see arrows in Fig. 2) has a predetermined radial ventilation duct extension (extending from the outermost circumferential edge of 23 and 24 to the innermost circumferential edge of 23 and 24) extended in a radial direction (see Fig. 2) extending from an inner band edge (innermost circumferential edge of 23 and 24) to an outer band edge (outermost circumferential edge of 23 and 24);
said plates (23, 24) are connected to each other by pins (“pillars” 21);
each of said pins (21) has a radial pin extension (see Fig. 2) of smaller magnitude than said radial ventilation duct extension (extending from the outermost circumferential edge of 23 and 24 to the innermost circumferential edge of 23 and 24);
characterized in that close to said inner band edge (innermost circumferential edge of 23 and 24), at least a first inclined boss (Examiner Fig. 1, IB1) protrudes from at least one (one of 25 or 26) of said opposite inner surfaces (25, 26) towards the inside of said ventilation duct (see Fig. 2A) without reaching the opposite inner surface (25, 26; see Fig. 2A);
said at least a first inclined boss (IB1) forms a narrowing in said ventilation duct (see Fig. 2A; see Examiner Fig. 1);
said at least a first inclined boss (IB1) has an elongated extension (radially extending portion of IB1) along a first boss direction (see Examiner Fig. 1);
said first boss direction being inclined with respect to said radial direction (see Examiner Fig. 1) as well as with respect to said circumferential direction (see Fig. 2A) forming a first acute angle (AA1) with said radial direction (see Examiner Fig. 1);
close to said inner band edge (innermost circumferential edge of 23 and 24), at least a second inclined boss (IB2) protrudes from at least one (one of 25 or 26) of said opposite inner surfaces (25, 26) towards the inside of said ventilation duct (see Fig. 2A) without reaching the opposite inner surface (25, 26; see Fig. 2A);
said at least a second inclined boss (IB2) forms a narrowing in said ventilation duct (see Fig. 2A; see Examiner Fig. 1);
said at least a second inclined boss (IB2) has an elongated extension (radially extending portion in Fig. 2) along a second boss direction (see Examiner Fig. 1);
said second boss direction being inclined with respect to said radial direction (see Examiner Fig. 1) as well as with respect to said circumferential direction (see Fig. 2A) forming a second acute angle (AA2) with said radial direction (see Examiner Fig. 1);
and where the inclination of the second boss direction (AA2) with respect to the radial direction is opposite to the inclination of the first boss direction (AA1) with respect to the same radial direction (see Examiner Fig. 1).
Regarding Claim 12, Zhang teaches a braking band according to claim 11,
wherein said at least a second inclined boss (Examiner Fig. 1, IB2) protrudes from the same inner surface (25 or 26) of said at least a first inclined boss (IB1; see Fig. 2A; see Examiner Fig. 1).
Regarding Claim 13, Zhang teaches a braking band according to claim 11,
wherein said at least a second inclined boss (Examiner Fig. 1, IB2) faces said at least a first inclined boss (IB1) in a circumferential direction (see Fig. 2A; see Examiner Fig. 1).
Regarding Claim 15, Zhang teaches a braking band according to claim 11,
wherein said at least a second inclined boss (Examiner Fig. 1, IB2) protrudes from the inner surface (25 or 26) opposite to the inner surface (25 or 26) from which said at least a first inclined boss (IB1) protrudes (see Fig. 2A; see Examiner Fig. 1).
Regarding Claim 16, Zhang teaches a braking band according to claim 11,
wherein said first inclined boss (Examiner Fig. 1, IB1) is a plurality of first inclined bosses (see Fig. 2);
said second inclined boss (IB2) is a plurality of second inclined bosses (see Fig. 2); and
where each of said second inclined bosses (IB2) protrudes from the inner surface (one of 25 or 26) opposite to the inner surface (the other of 25 or 26) from which each of said first inclined bosses (IB1) protrudes (see Fig. 2A; see Examiner Fig. 1).
Regarding Claim 17, Zhang teaches a braking band according to claim 11,
wherein said first inclined boss (Examiner Fig. 1, IB1) is a plurality of first inclined bosses (see Fig. 2);
said second inclined boss (IB2) is a plurality of second inclined bosses (see Fig. 2); and
where each second inclined boss (IB2) protrudes from the same inner surface (one of 25 or 26) of each first inclined boss (IB1; see Fig. 2A and Examiner Fig. 1).
Regarding Claim 18, Zhang teaches a braking band according to claim 11,
wherein said at least a first inclined boss (Examiner Fig. 1, IB1) and said at least a second inclined boss (IB2) form a “V” shape (see Examiner Fig. 1); or (emphasis added)
where said at least a first inclined boss and said at least a second inclined boss form a “V” shape in which an end portion thereof facing the inner band edge is joined by joining said end portions; or (emphasis added)
where said at least a first inclined boss and said at least a second inclined boss form a “V” shape in which an end portion thereof is joined and a boss pin which joins said two opposite plates is provided between said at least a first inclined boss and said at least a second inclined boss; or (emphasis added)
where said at least a first inclined boss and said at least a second inclined boss form a “V” shape in which an end portion thereof is joined and a boss pin which joins said two opposite plates is provided between said first inclined boss and said at least a second inclined boss; and
wherein said boss pin partially interpenetrates said at least a first inclined boss and said at least a second inclined boss (see 112(b) rejection above).
Regarding Claim 19, Zhang teaches a braking band according to claim 11,
wherein said at least a first inclined boss (Examiner Fig. 1, IB1) and said at least a second inclined boss (IB2) are mutually spaced apart forming a boss passage (see Examiner Fig. 1) and wherein the extension of the ventilation duct (extending from the outermost circumferential edge of 23 and 24 to the innermost circumferential edge of 23 and 24) in said boss passage (between IB1 and IB2) in the axial direction expands until it reaches the opposite plate inner surfaces (25, 26; see Fig. 2A; see Examiner Fig. 1).
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.
Claims 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2020/0132146), in view of Gotti (US 2004/0178031).
Regarding Claim 14, Zhang teaches a braking band according to claim 11,
wherein a radial connection extension (Examiner Fig. 1, RCE; three seen in Fig. 2) which connects said braking band (at least 23, 24, 25, 26, 27, 28) is interposed in the circumferential direction between said at least a second inclined boss (IB2) and said at least a first inclined boss (IB1; see Fig. 2).
Zhang does not teach “a driving bell adapted to connect said braking band to a stub axle of a vehicle”.
Gotti teaches a driving bell (Fig. 2, “hub” 2) adapted to connect a braking band (“annular braking band” 3) to a stub axle of a vehicle ([0002] – “Composite disc-brake discs of the type indicated above, which are particularly suitable for use on heavy vehicles such as, for example, commercial vehicles, agricultural vehicles, and railway carriages, are known; in these discs, the braking band is formed in two separate, complementary portions which are connected to one another releasably to enable the band to be replaced when the braking surfaces are worn out, without the need to demount the bearing unit from the stub axle of the wheel”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the braking band taught by Zhang and the driving bell taught by Gotti, such that “a driving bell adapted to connect said braking band to a stub axle of a vehicle”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of expanding the marketability of the braking band taught by Zhang by providing a mounting means suitable for different disc brake applications.
Regarding Claim 20, Zhang teaches a disc brake disc (see 112(b) rejection above) comprising a braking band (Fig. 2; at least 23, 24, 25, 26, 27, 28) according to claim 11.
Zhang does not teach “a driving bell”.
Gotti teaches a driving bell (Fig. 2, 2; see [0002]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the braking band taught by Zhang and the driving bell taught by Gotti, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of expanding the marketability of the braking band taught by Zhang by providing a mounting means suitable for different disc brake applications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Tack (US 2,411,067), Smith (US 2008/0067018), Black (US 7,934,586), Paggi (US 11,519,473), Martin (US 6,386,341), Huntress (US 3,899,054), Chiesura (US 12,181,009), Kobelt (US 4,164,993), Eksergian (US 2,215,421), Eksergian (US 2,215,420) and Faulwasser (DE 10 2013 210 700) listed in the attached "Notice of References Cited" disclose similar braking bands comprising ventilation ducts related to various aspects of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655
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