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 .
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.
Claims 1 and 3-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yachi et al. (EP 3369959 A1).
In Re claim 1, Yachi et al. disclose a brake carrier (2a; figs. 19+) for a disc brake (1) of a vehicle, comprising: a frame-shaped body (2) comprising: two parallel bridge struts (6a, 7a) with a pad receiving slot (see cut outs in fig. 19 and 21); and disc-encompassing portions (8c, 8d) connecting ends of the two bridge struts to one another, wherein a cavity (49) is provided in at least one of the two disc-encompassing portions, wherein the cavity has at least one inlet opening (54c) toward an interior space of the disc-encompassing portions for sucking in brake dust, and an outlet opening (see 44, 55) for discharging the brake dust.
In Re claims 3-5, see figs. 19-26.
In Re claims 6 and 7, see outlet (44, 55) in fig. 22.
In Re claim 8, see fig. 22. Further see alternative outlet (41, 42) in an alternate embodiment (see fig. 6).
In Re claim 9, Yachi et al. disclose a disc brake (1b; figs. 19+) for a vehicle, comprising: a brake disc (5); brake pads (3b); a frame-shaped brake carrier (2) comprising: two parallel bridge struts (6a, 7a) with a pad receiving slot (see cut outs in fig. 19 and 21); and disc-encompassing portions (8c, 8d) connecting ends of the two bridge struts to one another; and a suction device (43), wherein a cavity (49) is provided in at least one of the two disc-encompassing portions, wherein the cavity has at least one inlet opening (54c) toward an interior space of the disc-encompassing portions for sucking in brake dust, and an outlet opening (see 44, 55) for discharging the brake dust, and wherein the suction device comprises a suction pipe (44) adjoining the outlet opening.
In Re claim 10, see suction pipe (44).
In Re claim 11, see brake caliper (4) and cover plate (claw 18).
Claim Rejections - 35 USC § 103
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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yachi et al. (EP 3369959 A1).
In Re claim 2, Yachi et al. fail to disclose precisely one elongated hole inlet opening; however, the examiner asserts that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brake carrier to have any number and size of brake dust inlet holes, as a matter of engineering design choice, to adequately removed abraded brake dust from the disc brake. The examiner notes that it has been held that where the general conditions of a claim are taught by the prior art, a mere change in size or number of essential working parts is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04)
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 THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616
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