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 1-6, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kinoshita (US 4,431,090).
In Re claim 1, Kinoshita discloses an annular-shaped dust boot (8) arranged to be couple to a brake caliper (see 1 and 5), comprising: a radially outer portion (adjacent 4) having a symmetrical rectangular shape and adapted to be engaged with a seat (4) of the caliper (1); and a wall (8) extending from said outer portion towards a radially central axis of said dust boot.
In Re claim 2, the wall has a wavy shape (see 8).
In Re claim 3, the wall does not protrude from the radially outer portion in a direction parallel to the axis (the wall protrudes from an inner radial side of the radially outer portion).
In Re claim 4, see wavy intermediate portion (8) and inner free end (adjacent 7) adapted to be engaged to a piston (5).
In Re claim 5, the inner free end has a greater cross-sectional size than the intermediate portion.
In Re claim 6, the examiner points out that the radially outer wall of the radially outer portion is sized and shaped to as a seat to fit with the caliper (1). The examiner points out that the claim does not require the seat to have any indentations or protrusions.
In Re claim 9, see locking ring (not labeled; round portion) in a circumferential cavity of the radially inner wall of the radially outer portion.
In Re claim 10, see caliper (1); brake piston (5); and dust boot (8).
Allowable Subject Matter
Claims 7 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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
