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 1-23 and 25-27 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 1 recites “brake linings arranged on the inner side or outer side of a brake disc”. It is not clear if the claim language is intended to require brake linings arranged on an inner side and alternatively arranged on an outer side, or if the language is intended to require brake linings, with one arranged on an inner side and one arranged on an outer side.
Claim 1 recites “the inner brake lining”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “the brake carrier is formed flat with an inner side and a parallel outer side at least surrounding the lining well”. It is not clear which claim features are “at least surrounding the lining well”.
Claim 1 recites “wherein the brake lining is inserted into the lining well from above, i.e. with the mounting direction parallel to the inner side of the brake disc”. With the addition of “i.e.”, it is not clear if claim requires the brake lining to be inserted into the lining well from above, or with the mounting direction parallel to the inner side of the brake disc, or both.
Claim 1 recites “wherein a respective bracket is arranged between the brake lining and each first supporting surface”. It is unclear which of the plural brake linings are “the brake lining”. It is also unclear from the claim language if “each first supporting surface” refers to the prior recited first supporting surfaces, or additional surfaces.
Claim 1 recites “for fixing it”. It is not clear what element is “it”.
Claim 1 recites “so that when the brake lining with the plates mounted thereon is inserted”. It is not clear what plates are “the plates”. The disclosed brake linings consist of a friction lining and a lining rear plate, and do not appear to have further plates mounted thereon.
Claim 1 recites “the tabs come into contact with the inner side and the other tabs come into contact with the outer side of the brake carrier”. It is not clear which tabs are “the tabs”, which are “the other tabs” and if they correspond to the prior recited “an inner tab” and “outer tab”.
Claim 4 recites “the surfaces at which the brackets are in contact with the first and second supporting surfaces”. It is not clear which surfaces are “the surfaces” as the only prior recited surfaces are the first and second supporting surfaces and cannot contact themselves.
Claim 8 recites “the radial limb facing away from the tangential limb”. It is not clear which of the plural limbs are “the radial limb” and “the tangential limb”.
Claim 7 recites “the relevant radial limb”. It is not clear which limb is the “relevant radial limb”.
Claim 16 recites “a mounting indicator designed to engage in a structure of the brake carrier, which indicator is formed on the radial limb”. It is not clear which of the two prior recited radial limbs are “the radial limb”.
Claim 16 recites “the main bodies”. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites “the lining well”. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites “inserted into the lining well into the lining well from above, i.e. with the mounting direction parallel to the inner side of the brake disc”. “into the lining well” appears to be unnecessarily repeated and “the inner side of the brake disc” lacks antecedent basis in the claim. Also, the addition of “i.e.” makes in unclear if claim requires the brake lining to be inserted into the lining well from above, or with the mounting direction parallel to the inner side of the brake disc, or both.
Claim 16 recites “the tabs come into contact with the inner side and the other tabs come into contact with the outer side of the brake carrier”. It is not clear which tabs are “the tabs”, which are “the other tabs” and if they correspond to the prior recited “an inner tab” and “outer tab”.
Claim 17 recites “the radial limb facing away from the tangential limb”. It is not clear which of the plural limbs are “the radial limb” and “the tangential limb”.
Claim 18 recites “the radial limb”. It is not clear which of the plural limbs is “the radial limb”.
Claim 21 recites “the radial limb”. It is not clear which of the plural limbs is “the radial limb”.
Claim 22 recites “the relevant radial limb”. It is not clear which limb is the “relevant radial limb”.
Allowable Subject Matter
Claims 1-23 and 25-27 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Baek et al (US# 2021/0239169) is the closest prior art of record and discloses disc brake with a brake carrier 100 that can be mounted on a vehicle axle and a brake caliper [0003] that bridges brake linings arranged on the inner side or outer side of a brake disc, wherein the brake linings consist of a friction lining 3 facing the brake disc and a lining rear plate 3, and a pressure member guided in the brake caliper can be applied against the lining rear plate of the inner brake lining, wherein the brake carrier 100 for receiving the inner brake lining has a lining well with two mutually facing first supporting surfaces (facing 222) for supporting the brake lining in the circumferential direction and second supporting surfaces (facing 232) for supporting the brake lining radially inwards, and the brake carrier is formed flat with an inner side and a parallel outer side at least surrounding the lining well (figure 3), wherein the brake carrier is formed flat with an inner side and a parallel outer side at least surrounding the lining well, wherein a respective bracket 201/204 is arranged between the brake lining and each first supporting surface, on which bracket tabs 214 are formed for fixing it in the brake application direction, of which an inner tab is supported against the inner side and an outer tab is supported against the outer side, a mounting indicator 241 which is situated in a plane between the inner side and the outer side, wherein, in the brake application direction, the spacing of the plane from the inner side firstly and from the outer side secondly is of different magnitude (figures 5-6), and the brake carrier is provided in the same plane with a structure 140 in which the mounting indicator engages, or which engages in the mounting indicator [0053]. Baek et al lack the disclosure of the brake lining being inserted into the lining well from above, with the mounting direction parallel to the inner side of the brake disc, which inner side is formed as a friction surface, the brackets being fixed to the lining rear plate by means of retaining elements, so that when the brake lining with the plates mounted thereon is inserted into the lining well, the tabs come into contact with the inner side and the other tabs come into contact with the outer side of the brake carrier in that the fixing force of the retaining elements in the brake application direction is lower than the fixing force of the tabs supported against the inner side.
Regarding claim 16 Baek et al disclose a protective plate assembly 201/203 for arranging between a brake carrier 100 of a disc brake and a brake lining 2/3 guided therein in the brake application direction, with a single-part or two-part main body consisting of a total of two radial limbs and two tangential limbs, of which the radial limbs are provided with mutually facing contact surfaces and the tangential limbs are provided with mutually aligned contact surfaces for the support and for the guidance of the brake lining in the brake application direction, and the radial limbs and tangential limbs each extend in the brake application direction from an inner edge to an outer edge, with tabs 214 formed on the inner edge and the outer edge, wherein the tab is formed on the inner edge for support against an inner side of the brake carrier and the tab is formed on the outer edge for support against an outer side of the brake carrier, and with a mounting indicator 241 designed to engage in a structure 140 of the brake carrier, which indicator is formed on the radial limb and arranged in a plane between the inner edge and the outer edge, wherein, in the brake application direction, the spacing of the plane from the inner edge firstly and from the outer edge secondly is of different magnitude (figure 6). Baek et al lack the disclosure of retaining elements which are designed for fixing the main bodies to the brake lining, so that when the brake lining with the protective plate assembly fixed thereon is inserted into the lining well into the lining well from above, with the mounting direction parallel to the inner side of the brake disc, which inner side is formed as a friction surface, the tabs come into contact with an inner side and the other tabs come into contact with an outer side of the brake carrier.
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.
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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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