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. 18/783,769 filed on July 25th, 2024. Claims 1-17 are pending.
Priority
Examiner acknowledges the Applicant’s claim to priority of application IT 10 2023 0000 15900 filed on July 27th, 2023. A certified copy was received on September 18th, 2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 31st, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement was considered by the Examiner.
Specification
The abstract of the disclosure is objected to because of the use of implied phraseology. Please remove “present invention” from the abstract. Correction is required. See MPEP 608.01(b).
The abstract of the disclosure is objected to because of the use of legal phraseology. Please remove “said” from the abstract. Correction is required. See MPEP 608.01(b).
The abstract of the disclosure is objected to because it exceeds 150 words in length. Correction is required. See MPEP § 608.01(b).
Claim Objections
Regarding Claim 1 (p. 1, line 1), please change the recitation of “An assembly (1) of caliper body (2) and brake pads (3, 4)” to - - An assembly (1) of a caliper body (2) and two brake pads (3, 4) - - to correct minor informalities regarding antecedent basis.
Regarding Claim 1 (p. 2, line 7), please change the recitation of “said at least one central bridge (203) of caliper body (2)” to - - said at least one central bridge (203) of said caliper body (2) - - as antecedent basis has already been established in claim 1.
Regarding Claims 2-15, please change the recitation of “An assembly (1) according to claim” to - - [[An]] The assembly (1) according to claim - - as antecedent basis has already been established in claim 1.
Regarding Claim 5 (line 13), please change the recitation of “said caliper support surfaces are at least two caliper support surfaces (24, 25)” to - - said caliper support surfaces are at least two caliper support surfaces ([[24, ]]25, 26) - - to correct a minor informality.
Regarding Claim 6 (lines 21-22), please change the recitation of “said central bridge (203) of caliper body is a single body with said first and said second elongated elements (201, 202) of caliper body” to - - said central bridge (203) of said caliper body is a single body with said first and said second elongated elements (201, 202) of said caliper body - - as antecedent basis has already been established in claim 1.
Regarding Claim 11 (p. 5, line 1), please change the recitation of “said support plate (11, 12) comprises said plate edge (17)” to - - said support plate (11, 12) comprises said support plate edge (17) - - as this feature is previously referred to in claim 1.
Regarding Claim 11 (p. 5, line 9), please change the recitation of “in an axial direction (A-A) and a radial direction (R-R)” to - - in [[an]] said axial direction (A-A) and [[a]] said radial direction (R-R) - - as antecedent basis has already been established in claim 1.
Regarding Claim 12 (line 12), please change the recitation of “at least one band spring (28)” to - - said at least one band spring (28) - - as antecedent basis has already been established in claim 11.
Regarding Claim 17 (line 2), please change the recitation of “A method according to claim 16” to - - [[A]] The method according to claim 16 - - as antecedent basis has already been established in claim 16.
Regarding Claim 17 (line 15), please change the recitation of “in an axial direction (A-A) and a radial direction (R-R)” to - - in [[an]] said axial direction (A-A) and [[a]] said radial direction (R-R) - - as antecedent basis has already been established in claim 1.
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 1-17 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 1 (p. 2, lines 3-4), in the recitation of “each support plate (11, 12) comprises at least one pad support surface (22) arranged substantially orthogonal to said circumferential direction (C-C)” it is generally unclear how the pad support surfaces (22) of the support plates (11, 12) can be considered orthogonal to the circumferential direction (C-C). The lack of clarity renders the claim indefinite. Applicant could recite “each support plate (11, 12) comprises at least one pad support surface (22) arranged in said radial direction (R-R)” to clarify the recitation and Examiner will interpret the recitation as such during examination.
Regarding Claim 1 (p. 2, lines 13-17), in the recitation of “said at least two central bridge protuberances (23) are separated from each other by at least one central bridge window (27) which allows at least one portion of said at least one bridge protuberance (19, 20) to pass in order to allow mounting each of said at least two support plates (11, 12) in said caliper body (2) bringing said plate resting surface (21) to face one of said caliper body sliding surfaces (24)” it is generally unclear what Applicant intended to recite. The lack of clarity renders the claim indefinite. Applicant could recite “said at least two central bridge protuberances (23) are separated from each other by at least one central bridge window (27) which allows at least one portion of said at least one [[bridge]] support plate protuberance (19, 20) to pass in order to allow mounting each of said at least two support plates (11, 12) in said caliper body (2) bringing said plate [[resting]] sliding surface (21) to face one of said caliper body sliding surfaces (24)” to clarify the recitation and Examiner will interpret the recitation as such during examination.
Regarding Claim 9 (line 11), in the recitation of “said caliper support surface (25, 26) consists of at least two caliper support surfaces (25, 26) each placed to delimit a caliper body pocket (5, 6) to house the respective brake pad (3, 4)” (emphasis added) it is unclear how many caliper support surfaces and caliper body pockets Applicant intends to recite. The lack of clarity renders the claim indefinite. Applicant could recite “said caliper support surface (25, 26) comprises at least two caliper support surfaces (25, 26) each placed to delimit a respective one of said caliper body pockets (5, 6) to house [[the]] a respective one of said brake pads (3, 4)” to clarify the recitation and Examiner will interpret the recitation as such during examination.
Regarding Claim 16 (lines 15-25), it is generally unclear which elements Applicant intends to incorporate from the assembly recited in claim 1. The lack of clarity renders the claim indefinite.
Applicant could recite “16. A method of mounting a respective one of said brake pads (3, 4) to [[a]] said caliper body (2), wherein the following steps are comprised:
- providing [[an]] said assembly (1) according to claim 1;
- inserting substantially in the radial direction (R-R) the respective brake pad (3, 4) into the caliper body (2) on the opposite side of the [[center]] central bridge (203), aligning the at least one support plate protuberance (19, 20) with the central bridge window (27), so that the support plate protuberance (19, 20) passes radially beyond the [[center]] central bridge protuberances (23);
- sliding the respective brake pad (3, 4) in the axial direction (A-A) by inserting it into the respective caliper body pocket (5, 6), so that a respective one of the support plate thrust surfaces (15) thereof faces the caliper body and the at least one plate [[thrust]] sliding surface (21) faces a respective one of the caliper body sliding surfaces (24) and the at least one pad support surface (22) faces one of the at least [[one]] two caliper support surfaces (25, 26)” to clarify the recitation and Examiner will interpret the recitation as such during examination.
Claims 2-17 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 1-2, 4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bach (US 8,028,810).
Regarding Claim 1, Bach teaches an assembly (see at least Figs. 1-4) of caliper body (“caliper limbs” 10 and 11, and “caliper bridge” 12) and brake pads (“brake linings” 38, 37), wherein the caliper body (10, 11, 12) comprises two pockets (for receiving respective 38, 37) facing each other (see Fig. 4), which receive said two brake pads (38, 37) so that, when the caliper body (10, 11, 12) is placed straddling a braking band (band portion of 2) of a brake disc (“brake disk” 2), where said braking band (2) comprises opposite braking surfaces (see Fig. 4), said brake pads (38, 37) face said opposite braking surfaces (see Fig. 4) of said braking band (2); and
wherein said caliper body (10, 11, 12) comprises a first and a second elongated element (10, 11), which, when the caliper body (10, 11, 12) is placed straddling the braking band (2), face said opposite braking surfaces (braking surfaces of 2); and
wherein said caliper body (10, 11, 12) comprises at least one central bridge (12) which connects said first and said second elongated elements (10, 11) crossing said two pockets (for receiving 38, 37);
said brake disc (2) comprises a rotation axis (“rotational axis” 3), which defines an axial direction (“axial direction” 6), either coinciding with or parallel to said rotation axis (3), a radial direction (“radial direction” 7) orthogonal to said rotation axis (3), and a circumferential direction (“peripheral direction” 5) orthogonal to said axial direction (6) and said radial direction (7; see Fig. 3);
each of said brake pads (38, 37) comprises a support plate (“back plate” 40) adapted to support a friction material (“friction lining” 41) and support the brake pad (38, 37) at said caliper body (10, 11, 12); and
wherein said friction material (41) comprises a predetermined radial extension (see Fig. 3);
each support plate (40) comprises a thrust surface (piston side surface of 40), an opposite friction material support surface (friction material side surface of 40), and a support plate edge (“rear region” 42), which connects said thrust surface (piston side surface of 40) to said opposite friction material support surface (friction material side surface of 40); and
wherein said support plate edge (42) comprises an upper edge portion (see Fig. 3) facing the opposite side with respect to said rotation axis (3; see Fig. 3); and
wherein each support plate (40) comprises at least one protuberance (“L-shaped projections” 43) projecting from said upper edge portion (42) of said support plate edge (42) and is hook-shaped defining a plate sliding surface (“bearing face” 49 and/or “supporting face” 45);
wherein said plate sliding surface (49 and/or 45) substantially faces said rotation axis (3) indirectly (see Fig. 3);
each support plate (40) comprises at least one pad support surface (radially extending surfaces of 40) arranged substantially orthogonal to said circumferential direction (see Fig. 3; see 112(b) rejection above);
wherein said pad support surface (radially extending surfaces of 40) extends over at least ½ of the predetermined radial extension (radially extending portion of 41) of said friction material (41; see Fig. 3); and
wherein said at least one central bridge (Fig. 2, 12) of caliper body (10, 11, 12) comprises at least two central bridge protuberances (“outlet-side receptacles” 55) forming at least two caliper body sliding surfaces (“stops” 54 and/or “supporting means” 52) which, when the brake pads (38, 37) are mounted in said caliper body (10, 11, 12), face said plate sliding surfaces (54, 52); and
wherein said caliper body (10, 11, 12) comprises at least two caliper support surfaces (radially extending surfaces of 12) which, when the brake pads (38, 37) are mounted in said caliper body (10, 11, 12), face said pad support surfaces (radially extending surface of 40);
said at least two central bridge protuberances (55) are separated from each other by at least one central bridge window (12; see Fig. 2) which allows at least one portion of said at least one bridge protuberance (43; see 112(b) rejection above) to pass in order to allow mounting each of said at least two support plates (40) in said caliper body (10, 11, 12) bringing said plate resting surface (49 and/or 45; see 112(b) rejection above) to face one of said caliper body sliding surfaces (54, 52) and bringing said pad support surface (radially extending portions of 40) to face one of said caliper support surfaces (see Figs. 2-3).
Regarding Claim 2, Bach teaches an assembly according to claim 1,
wherein said plate sliding surface faces said upper edge portion of the support plate edge; or (emphasis added)
wherein said plate sliding surface (Fig. 3, 49 and/or 45) is arranged as an undercut (see Fig. 3) with respect to said plate support protuberance (43).
Regarding Claim 4, Bach teaches an assembly according to claim 1,
wherein said at least one pad support surface (Fig. 3, radially extending portions of 40) extends in the radial direction and extends at least as much as said friction material (41) with the predetermined radial extension of friction material (radially extending portions of 41).
Regarding Claim 7, Bach teaches an assembly according to claim 1,
wherein two support plate protuberances (Figs. 2-3, 43 and “projection” 44) are provided for each support plate (40; see Fig. 3); or
wherein two support plate protuberances (43, 44) are provided for each support plate (40), and these two support plate protuberances (43, 44) face each other or are mutually specularly arranged (see Fig. 3).
Regarding Claim 8, Bach teaches an assembly according to claim 1,
wherein said central bridge (Fig. 2, 12) comprises four central bridge protuberances (at least four seen in Fig. 2, 55), arranged in pairs from opposite orientations of the central bridge (12; see Fig. 2).
Allowable Subject Matter
Claims 3, 5-6 and 9-17 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 and rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Crippa (US 10,316,912), Sheill (US 4,781,272), Sheill (US 4,548,300), Burgoon (US 7,438,161), Cornolti (US 6,446,766) and Courbet (US 3,972,393) listed in the attached "Notice of References Cited" disclose similar brake pads comprising protuberances 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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