Ex Parte Anderson - Page 3





                      In reaching our decision in this appeal, we have given careful consideration to the appellant's           
               specification and claims, to the applied Paielli and Hanisko patents, and to the respective positions            
               articulated by the appellant and the examiner.  As explained below, we conclude that the references              
               applied by the examiner are sufficient to establish that the differences between the prior art and the           
               claimed invention are such that the subject matter of the claims on appeal would have been obvious to            
               one of ordinary skill in the art at the time of the appellant’s invention and that, consequently, the            
               rejection should be sustained.                                                                                   
                      Paielli, like the appellant’s invention, is directed to a capacitive brake wear sensor.  Paielli’s        
               sensor 20 includes a pair of electrically conductive plates 24, 26 separated by a dielectric block 28 and        
               embedded in a body 22, the body 22 in turn being threaded into an internally threaded opening of a               
               brake pad 42 so as to bring face 38 of body 22 into position as a continuation of the braking surface 46         
               of pad 42.  The body 22 is preferably of insulating material, such as molded plastic, into which the             
               preformed assembly of plates 24, 26 and dielectric block 28 are molded.  The material 28 separating the          
               plates 24, 26 may either be a separate block or a portion of the body 22 molded between the plates (col.         
               1, ll. 35-39).  A brake rotor 48 has a surface opposed to braking surface 46.  According to Paielli, the         
               brake rotor 48 can be a drum-type rotor, with the braking surface 46 being of generally cylindrical              
               contour or, alternatively, a disc-type rotor having a flat braking surface parallel to and spaced from the          
               flat braking surface 46 of pad 42, and with surface 38 coplanar with surface 46 (col. 2, ll. 49-55).             
                      As explained by Paielli, use of brake pad 42 causes wear at the braking surface 46 and                    
               corresponding wear at surface 38 of sensor 20, including abrasion of the edges of plates 24, 26, so that         
               wear of the brake pad and sensor body causes a change (reduction) of the electrical capacitance between          
               plates 24, 26.  Paielli also teaches that sensor body 22 and plates 24, 26 should wear as if they were part         
               of pad 42 to provide an accurate indication of brake wear (col. 3, ll. 2-4).                                     
                      In the embodiment illustrated in Figures 5 and 6 of Paielli, the sensor plates 24, 26 are connected       
               as one arm C2 of a capacitance bridge 64, the other arms including capacitors C1, C3 and C4.  Signal             
               conditioning circuitry 74 has an output connected to gauge 52 to provide an indication of brake wear as          
               a function of a change in capacitance at capacitor C2, while the other capacitors of bridge 64 remain            
               fixed.                                                                                                           








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