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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation “the uniform angular intervals have an angular value that is in a range of 3° to 15°”, and the claim also recites “5° to 10°” and “”the angular value is 5°” each of which are the narrower statements of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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) 1-3, 5-8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2974555.
FR ‘555 discloses all the limitations of the instant claim including; at least two friction disks 10, arranged on both sides of a stem of a wheel body of a rail wheel 2 and fastened by fasteners 36, wherein the at least two friction disks include cooling fins 27/28 and fastening bosses 26, wherein the fasteners 36 extend through the fastening bosses 26 of the at least two friction disks and through the stem, wherein the at least two friction disks include round stems (some of 28 or 27/28,) and at least one annular fin 25 or 24, wherein the round stems and the at least one annular fin form the cooling fins.
Regarding claim 2, the round stems 27/28 are arranged on the at least two friction disks on circles with different diameters, and wherein the at least one annular fin 25 is arranged as a circumferential annular fin on a circle having a diameter that is located at an outer diameter of each of the at least two friction disks. Note “round” can mean “loosely or approximately circular” or “lacking sharp angles”, both of which describe stems 27. [0027] of Applicant’s disclosure also states “the round stems connected by the annular fin may have a circular-cylindrical cross-section. Other cross-sections are, of course, also conceivable.” Therefore, a circular cross-section does not appear to be required by the term “round stem”. The last paragraph of FR ‘555 also discloses ”According to another variant, the face 16 can have studs 26, as well as a single type of studs 27 or 28,” which suggests using only round studs 28.
Regarding claim 3, the at least two friction disks include additional round stems (the others of 27 or 28), which are connected by the at least one annular fin 24 or 25.
Regarding claim 5, the additional round stems 28 are connected by the at least one annular fin 25 respectively have a circular-cylindrical cross-section.
Regarding claim 6, an axial length of the additional round stems 27 or 28 connected by the at least one annular fin 25 axially protrudes further by a predetermined amount from a rear side of the at least two friction disks, than the at least one annular fin. Figure 7.
Regarding claim 7, a respective section of the at least one annular fin 25 between two respective additional round stems and the stem of the associated wheel body forms an aperture section configured as a gap for an air outlet. Figures 4-5.
Regarding claim 8, the additional round stems 27 or 28 that are connected by the at least one annular fin 57 respectively include contact surfaces configured to contact the stem of the associated wheel body. Figure 5.
Regarding claim 10, the first round stems 27 of the round stems that include the contact surfaces are arranged on a first circle that has a first diameter, and wherein the first circle is located at an inner diameter of the respective friction disk.
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 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR 2974555.
FR ‘555 disclose all the limitations of the instant claim with exception to the disclosure that the additional round stems connected by the at least one annular fin are arranged at uniform angular intervals relative to one another, and wherein the uniform angular intervals have an angular value that is in a range of 3° to 15°, or 5° to 10°, or the angular value is 5°. FR ‘555 remains silent as to the angular spacing of the additional round stems. 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 appropriate spacing of the stems of FR ‘555 though routine design and/or experimentation to provide the optimum balance of cooling, strength and weight for a given application. Also note MPEP 2144.05(II)(A).
Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR 2974555 in view of Montua et al (US# 2025/0163979) or Nogami et al (US# 2022/0333656).
FR ‘555 disclose all the limitations of the instant claim with exception to second and third round stems of the round stems configured axially shorter by a certain amount, than the first round stems of the round stems. Montua et al disclose a similar brake disk and further teach second and third stems 17 which are axially shorter by a certain amount ([0035], figures 5-6). Nogami et al also disclose a similar brake disk and further teach second and third stems 23 which are axially shorter so that they do not contact the wheel stem. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide shorter second and third stems, such as taught by Montua et al or Nogami et al, in the disk of FR ‘555 to increase circulation and/or surface area, thereby improving cooling of the brake.
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR 2974555 in view of Barber et al (US# 2013/0327602) or Sekiguchi et al (US# 2007/0090685).
FR ‘555 disclose all the limitations of the instant claim with exception to the round stems having a conical shape, wherein a largest diameter of the conical shape is located at a surface of a respective rear side of the at least two friction disks. Barber et al disclose a similar brake disk and further teach providing a taper or draft angle to facilitate molding [0034]. Sekiguchi et al disclose vehicle wheel and brake components and further teach a taper or conical shape for cylindrical components to facilitate removal from molds during casting [0035]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the stems of FR ‘355 with a taper or conical from, such as taught by Barber et al or Sekiguchi et al, to facilitate removal from molds, thereby allowing the disks to be economically formed through casting.
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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