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 Objections
Claim 19 is objected to because of the following informality: in line 3, “a supporting frame” should be changed to --the supporting frame--. Appropriate correction is required.
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 1-19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1 lines 5-7, the limitation “a swing arm configured for being attachable to a supporting frame of the motor vehicle so as to be articulable about a pivot axis and by which forces which act on the wheel are supported on the supporting frame“ is unclear. Therefore, claim 1 is rendered indefinite.
In claim 14 line 3, the limitation “a steering actuator configured or steering the wheel” is unclear. Therefore, claim 14 is rendered indefinite. Does Applicant mean --a steering actuator configured for steering the wheel--?
In claim 14 lines 5-7, the limitation “a swing arm configured for being attachable to a supporting frame of the motor vehicle so as to be articulable about a pivot axis and by which forces which act on the wheel are supported on the supporting frame“ is unclear. Therefore, claim 14 is rendered indefinite.
In claim 14 last three lines, the limitation “the steering actuator protruding radially inwards with respect to the center of rotation of the wheel such that the steering actuator is attached to the swing arm outside a steering area of the wheel to prevent the steering actuator from turning with the wheel carrier” is unclear. Therefore, claim 14 is rendered indefinite.
In claim 18 lines 1-3, the limitation “wherein the swing arm includes a swing arm body having a curved shape and a steering level extending from the swing arm to the pivot axis” in unclear. Therefore, claim 18 is rendered indefinite.
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, 2, 4-11, and 14-19 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riedel (US 2020/0101806 A1).
Regarding claims 1, 2, 4-8, and 11 (as best understood), Riedel (at least Figs. 1-12) discloses
(claim 1) a wheel module (at least Figs. 1-6) for a motor vehicle comprising:
a wheel 10 which is rotatable about a center of rotation and which serves for propelling the motor vehicle (at least Figs. 1-6); and
a swing arm 18, 20, 22 configured for being attachable to a supporting frame 38, 38’ of the motor vehicle so as to be articulable about a pivot axis (at least Figs. 1-6) and by which forces which act on the wheel 10 are supported on the supporting frame (at least Figs. 1-6),
wherein the center of rotation of the wheel 10 and the pivot axis of the swing arm 18, 20, 22 lie on an imaginary radial line beginning at the center of rotation of the wheel 10, wherein the imaginary radial line runs at an angle α of -40° ≤ α ≤ 35° with respect to an X-Y plane of the motor vehicle (at least Fig. 6);
(claim 2) wherein the angle α is -30° ≤ α ≤ 20° (at least Fig. 6);
(claim 4) wherein a shock absorber 32 which acts on the swing arm 18, 20, 22 and can be supported on the supporting frame 38, 38’ of the motor vehicle (at least Figs. 1-6) is provided for damping vibrations of the wheel 10 caused by unevenness in a roadway, wherein the wheel is supportable exclusively via the swing arm and the shock absorber on the supporting frame of the motor vehicle for dissipating forces;
(claim 5) wherein a wheel carrier 12, 14 rotatably mounted on the swing arm 18, 20, 22 and attached to the wheel 10 for steering the wheel and an electrically operable steering actuator 24 attached to the swing arm and acting on the wheel carrier for rotating the wheel carrier are provided (at least Figs. 1-6);
(claim 6) wherein the swing arm 18, 20, 22 has a lower bearing 26’ and an upper bearing 26 provided substantially in a Z direction above the lower bearing for turning the wheel 10 about a Z axis running through the lower bearing and the upper bearing, wherein the lower bearing and the upper bearing are connected to one another via a swing arm body 18 formed by the swing arm 18, 20, 22 to enable a steering angle of the wheel 10 by at least 90° (at least Figs. 3-5), wherein at least one steering lever 20, 22 projects from the swing arm body 18 for articulated connection to the supporting frame 38, 38’ of the motor vehicle;
(claim 7) wherein the swing arm 18, 20, 22 extends in an arcuate manner both in an X-Y plane and in a Y-Z plane to enable a steering angle of the wheel 10 by at least 90° (at least Figs. 3-5);
(claim 8) wherein the swing arm 18, 20, 22 is rigid (at least Figs. 1-6);
(claim 11) wherein the angle α is -20° ≤ α ≤ 0° (at least Fig. 6).
Regarding claims 9 and 10 (as best understood), Riedel (at least Figs. 1-12) discloses
(claim 9) a motor vehicle (at least Figs. 1-12) comprising:
a supporting frame 38, 38’; and
at least one of the wheel module (at least Figs. 1-6) according to claim 1 supported on the supporting frame for steering the motor vehicle, wherein each wheel module enables a steering angle of the wheel 10 of at least 90° (at least Figs. 3-5);
(claim 10) wherein the supporting frame 38, 38’ has a sill 38, 38’ formed between a front wheel module in an X direction and a rear wheel module in the X direction, wherein the swing arm 18, 20, 22 is articulated on the supporting frame 38, 38’ at a level of the sill 38, 38’ (at least Figs. 1-6).
Regarding claim 19 (as best understood), Riedel (at least Figs. 1-12) discloses a method of assembling a motor vehicle (at least Figs. 1-12) comprising:
providing the wheel module (at least Figs. 1-6) as recited in claim 1; and
connecting the wheel module to a supporting frame 38, 38’ at the pivot axis (at least Figs. 1-6) to enable a steering angle of the wheel 10 of at least 90° (at least Figs. 3-5).
Regarding claims 14-18 (as best understood), Riedel (at least Figs. 1-12) discloses
(claim 14) a wheel module (at least Figs. 1-6) for a motor vehicle comprising:
a wheel 10 rotatable about a center of rotation for propelling the motor vehicle (at least Figs. 1-);
a steering actuator 24 configured or steering the wheel 10;
a wheel carrier 12, 14 connected to the wheel 10 and rotatable by the steering actuator; and
a swing arm 18, 20, 22 configured for being attachable to a supporting frame 38, 38’ of the motor vehicle so as to be articulable about a pivot axis (at least Figs. 1-6) and by which forces which act on the wheel 10 are supported on the supporting frame (at least Figs. 1-6),
the steering actuator 24 protruding radially inwards with respect to the center of rotation of the wheel 10 such that the steering actuator is attached to the swing arm 18, 20, 22 outside a steering area of the wheel to prevent the steering actuator from turning with the wheel carrier (at least Figs. 1-6);
(claim 15) wherein the center of rotation of the wheel 10 and the pivot axis (at least Figs. 1-6) of the swing arm 18, 20, 22 lie on an imaginary radial line beginning at the center of rotation of the wheel, wherein the imaginary radial line runs at an angle α of -40° ≤ α ≤ 35° with respect to an X-Y plane of the motor vehicle (at least Fig. 6);
(claim 16) wherein the steering actuator 24 is offset from an axis of rotation of the wheel carrier 12, 14 (at least Figs. 1-6);
(claim 17) wherein the swing arm 18, 20, 22 includes an upper bearing 26 and a lowering bearing 26’, the upper bearing being sandwiched between an attachment piece of the steering actuator 24 and an end of the wheel carrier 12, 14 (at least Figs. 1-6);
(claim 18) wherein the swing arm 18, 20, 22 includes a swing arm body 18 having a curved shape and a steering level 20, 22 extending from the swing arm to the pivot axis (at least Figs. 1-6).
Claims 1, 2, 4-6, 8-11, and 14-19 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hackenberg et al. (US 2020/0140249 A1), cited by Applicant.
Regarding claims 1, 2, 4-6, 8, and 11 (as best understood), Hackenberg et al. (at least Figs. 1-34) discloses
(claim 1) a wheel module (at least Fig. 2) for a motor vehicle 10 (at least Fig. 1, paragraph [0037]) comprising:
a wheel 16 which is rotatable about a center of rotation and which serves for propelling the motor vehicle 10; and
a swing arm 111, 131, 151, 171 configured for being attachable to a supporting frame 12 (at least paragraph [0044]) of the motor vehicle 10 so as to be articulable about a pivot axis (at least Figs. 2-5, paragraph [0050]) and by which forces which act on the wheel 16 are supported on the supporting frame 12,
wherein the center of rotation of the wheel 16 and the pivot axis of the swing arm 111, 131, 151, 171 lie on an imaginary radial line beginning at the center of rotation of the wheel 16, wherein the imaginary radial line runs at an angle α of -40° ≤ α ≤ 35° with respect to an X-Y plane of the motor vehicle 10 (at least Figs. 4-5, angle is equal to 0°);
(claim 2) wherein the angle α is -30° ≤ α ≤ 20° (at least Figs. 4-5, angle is equal to 0°);
(claim 4) wherein a shock absorber 200, 220, 240, 260 which acts on the swing arm 111, 131, 151, 171 and can be supported on the supporting frame 12 of the motor vehicle 10 is provided for damping vibrations of the wheel 16 caused by unevenness in a roadway, wherein the wheel is supportable exclusively via the swing arm and the shock absorber on the supporting frame of the motor vehicle for dissipating forces (at least Figs. 2-15, paragraphs [0048], [0052]);
(claim 5) wherein a wheel carrier 18 rotatably mounted on the swing arm 111, 131, 151, 171 and attached to the wheel 16 for steering the wheel and an electrically operable steering actuator 210, 230, 250, 270 attached to the swing arm and acting on the wheel carrier for rotating the wheel carrier are provided (at least Figs. 2, 3, 6, 12);
(claim 6) wherein the swing arm 111, 131, 151, 171 has a lower bearing and an upper bearing provided substantially in a Z direction above the lower bearing for turning the wheel about a Z axis running through the lower bearing and the upper bearing, wherein the lower bearing and the upper bearing are connected to one another via a swing arm body 134 formed by the swing arm to enable a steering angle of the wheel by at least 90° (at least Figs. 2, 6, 12-15), wherein at least one steering lever 132 projects from the swing arm body 134 for articulated connection to the supporting frame 12 of the motor vehicle 10;
(claim 8) wherein the swing arm 111, 131, 151, 171 is rigid (at least paragraph [0050]);
(claim 11) wherein the angle α is -20° ≤ α ≤ 0° (at least Figs. 4-5, angle is equal to 0°).
Regarding claims 9 and 10 (as best understood), Hackenberg et al. (at least Figs. 1-34) discloses
(claim 9) a motor vehicle 10 (at least Fig. 1, paragraph [0037]) comprising:
a supporting frame 12 (at least paragraph [0044]); and
at least one of the wheel module (at least Fig. 2) according to claim 1 supported on the supporting frame for steering the motor vehicle, wherein each wheel module enables a steering angle of the wheel of at least 90° (at least Figs. 2, 6, 12-15);
(claim 10) wherein the supporting frame 12 has a sill formed between a front wheel module in an X direction and a rear wheel module in the X direction, wherein the swing arm 111, 131, 151, 171 is articulated on the supporting frame 12 at a level of the sill (at least Figs. 1-15).
Regarding claim 19 (as best understood), Hackenberg et al. (at least Figs. 1-34) discloses a method of assembling a motor vehicle 10 (at least Fig. 1, paragraph [0037]) comprising:
providing the wheel module (at least Fig. 2) as recited in claim 1; and
connecting the wheel module to a supporting frame 12 at the pivot axis (at least Figs. 2-5, paragraph [0050]) to enable a steering angle of the wheel 16 of at least 90° (at least Figs. 2, 6, 12-15).
Regarding claims 14-18 (as best understood), Hackenberg et al. (at least Figs. 1-34) discloses
(claim 14) a wheel module (at least Fig. 2) for a motor vehicle 10 (at least Fig. 1, paragraph [0037]) comprising:
a wheel 16 rotatable about a center of rotation for propelling the motor vehicle 10;
a steering actuator 210, 230, 250, 270 configured or steering the wheel 16;
a wheel carrier 18 connected to the wheel 16 and rotatable by the steering actuator; and
a swing arm 111, 131, 151, 171 configured for being attachable to a supporting frame 12 of the motor vehicle so as to be articulable about a pivot axis (at least Figs. 2-5, paragraph [0050]) and by which forces which act on the wheel 16 are supported on the supporting frame 12,
the steering actuator protruding radially inwards with respect to the center of rotation of the wheel such that the steering actuator is attached to the swing arm outside a steering area of the wheel to prevent the steering actuator from turning with the wheel carrier (at least Figs. 2-15, 18);
(claim 15) wherein the center of rotation of the wheel 16 and the pivot axis (at least Figs. 2-5, paragraph [0050]) of the swing arm 111, 131, 151, 171 lie on an imaginary radial line beginning at the center of rotation of the wheel, wherein the imaginary radial line runs at an angle α of -40° ≤ α ≤ 35° with respect to an X-Y plane of the motor vehicle 10 (at least Figs. 4-5, angle is equal to 0°);
(claim 16) wherein the steering actuator 210, 230, 250, 270 is offset from an axis of rotation of the wheel carrier 18 (at least Figs. 3, 6, 12-14);
(claim 17) wherein the swing arm 111, 131, 151, 171 includes an upper bearing and a lowering bearing, the upper bearing being sandwiched between an attachment piece of the steering actuator 210, 230, 250, 270 and an end of the wheel carrier 18 (at least Figs. 2, 6, 15);
(claim 18) wherein the swing arm 111, 131, 151, 171 includes a swing arm body 134 having a curved shape and a steering level 132 extending from the swing arm to the pivot axis (at least Figs. 2-5, paragraph [0050]).
Claims 1, 2, 4, 5, 7, 8, and 11 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt (EP 1 647 423 A2), cited by Applicant.
Regarding claims 1, 2, 4, 5, 7, 8, and 11 (as best understood), Schmidt (at least Figs. 1-4) discloses
(claim 1) a wheel module (at least Fig. 1-2) for a motor vehicle comprising:
a wheel 33 which is rotatable about a center of rotation (at least Fig. 2) and which serves for propelling the motor vehicle (at least Figs. 1-4); and
a swing arm 11 configured for being attachable to a supporting frame (at least Figs. 1-4) of the motor vehicle so as to be articulable about a pivot axis 18 and by which forces which act on the wheel 33 are supported on the supporting frame,
wherein the center of rotation of the wheel 33 and the pivot axis 18 of the swing arm 11 lie on an imaginary radial line beginning at the center of rotation of the wheel 33, wherein the imaginary radial line runs at an angle α of -40° ≤ α ≤ 35° with respect to an X-Y plane of the motor vehicle (at least Fig. 2);
(claim 2) wherein the angle α is -30° ≤ α ≤ 20° (at least Fig. 2);
(claim 4) wherein a shock absorber 26 which acts on the swing arm 11 and can be supported on the supporting frame (at least Figs. 1-4) of the motor vehicle (at least Figs. 1-4) is provided for damping vibrations of the wheel 33 caused by unevenness in a roadway, wherein the wheel is supportable exclusively via the swing arm and the shock absorber on the supporting frame of the motor vehicle for dissipating forces (at least Figs. 1-4);
(claim 5) wherein a wheel carrier 24 rotatably mounted on the swing arm 11 and attached to the wheel 33 for steering the wheel and an electrically operable steering actuator (via 38) attached to the swing arm and acting on the wheel carrier for rotating the wheel carrier are provided (at least Figs. 1-4);
(claim 7) wherein the swing arm 11 extends in an arcuate manner both in an X-Y plane and in a Y-Z plane to enable a steering angle of the wheel 33 by at least 90° (at least Figs. 1-4);
(claim 8) wherein the swing arm 11 is rigid (at least Figs. 1-4);
(claim 11) wherein the angle α is -20° ≤ α ≤ 0° (at least Fig. 2).
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.
Claims 3, 12, and 13 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Riedel (US 2020/0101806 A1).
Regarding claims 3, 12, and 13 (as best understood), Riedel (at least Figs. 1-12) discloses the claimed invention but does not explicitly disclose
(claim 3) wherein the pivot axis has a distance d from an underlying surface of
60 mm ≤ d ≤ 650 mm;
(claim 12) wherein the distance d from the underlying surface is 80 mm ≤ d ≤ 590 mm;
(claim 13) wherein the distance d from the underlying surface is 100 mm ≤ d ≤ 260 mm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide
(claim 3) wherein the pivot axis has a distance d from an underlying surface of
60 mm ≤ d ≤ 650 mm;
(claim 12) wherein the distance d from the underlying surface is 80 mm ≤ d ≤ 590 mm;
(claim 13) wherein the distance d from the underlying surface is 100 mm ≤ d ≤ 260 mm,
since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 3, 7, 12, and 13 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Hackenberg et al. (US 2020/0140249 A1), cited by Applicant.
Regarding claims 3, 12, and 13 (as best understood), Hackenberg et al. (at least Figs. 1-34) discloses the claimed invention but does not explicitly disclose
(claim 3) wherein the pivot axis has a distance d from an underlying surface of
60 mm ≤ d ≤ 650 mm;
(claim 12) wherein the distance d from the underlying surface is 80 mm ≤ d ≤ 590 mm;
(claim 13) wherein the distance d from the underlying surface is 100 mm ≤ d ≤ 260 mm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide
(claim 3) wherein the pivot axis has a distance d from an underlying surface of
60 mm ≤ d ≤ 650 mm;
(claim 12) wherein the distance d from the underlying surface is 80 mm ≤ d ≤ 590 mm;
(claim 13) wherein the distance d from the underlying surface is 100 mm ≤ d ≤ 260 mm,
since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 7 (as best understood), Hackenberg et al. (at least Figs. 1-34) discloses wherein the swing arm 111, 131, 151, 171 extends both in an X-Y plane and in a Y-Z plane to enable a steering angle of the wheel by at least 90°, wherein the swing arm 111, 131, 151, 171 extends in an arcuate manner in an X-Y plane to enable a steering angle of the wheel by at least 90°.
But Hackenberg et al. (at least Figs. 1-34) does not explicitly disclose wherein the swing arm 111, 131, 151, 171 extends in an arcuate manner both in an X-Y plane and in a Y-Z plane to enable a steering angle of the wheel by at least 90°.
However, it would have been an obvious matter of design choice to make the swing arm 111, 131, 151, 171 extend in an arcuate manner both in an X-Y plane and in a Y-Z plane to enable a steering angle of the wheel by at least 90°, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
Claims 3, 12, and 13 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (EP 1 647 423 A2), cited by Applicant.
Regarding claims 3, 12, and 13 (as best understood), Schmidt (at least Figs. 1-4) discloses the claimed invention but does not explicitly disclose
(claim 3) wherein the pivot axis has a distance d from an underlying surface of
60 mm ≤ d ≤ 650 mm;
(claim 12) wherein the distance d from the underlying surface is 80 mm ≤ d ≤ 590 mm;
(claim 13) wherein the distance d from the underlying surface is 100 mm ≤ d ≤ 260 mm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide
(claim 3) wherein the pivot axis has a distance d from an underlying surface of
60 mm ≤ d ≤ 650 mm;
(claim 12) wherein the distance d from the underlying surface is 80 mm ≤ d ≤ 590 mm;
(claim 13) wherein the distance d from the underlying surface is 100 mm ≤ d ≤ 260 mm,
since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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 JOSELYNN Y SLITERIS whose telephone number is (571)272-6675. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason D. Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSELYNN Y SLITERIS/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614