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 Objections
Claims 1- 2, 4-5, and 10-11 are objected to because of the following informalities: described below. Appropriate correction is required.
Claim 1, recites “Apparatus” in line 1, it is suggested by the Examiner the recitation be changed to “An apparatus”, for grammatical clarity.
Claim 1, recites “the apparatus comprising: an assembly ” is objected to because it is redundant, as the assembly is the same as the apparatus, and renaming it is unnecessary and confusing. Examiner suggests the recitation be changed to “The apparatus comprises...” for greater clarity.
Claim 2 recites “The apparatus of claim 1, wherein the assembly comprises” is objected to because it is redundant, as the assembly is the same as the apparatus. Examiner suggests the recitation be changed to “The apparatus of claim 1, comprises...” and renaming it is unnecessary and confusing.
Claim 4, recites “the apparatus comprising: an assembly… ” is objected to because it is redundant, as the assembly is the same as the apparatus, and renaming it is unnecessary and confusing. Examiner suggests the recitation be changed to “The apparatus of claim 1, comprises…” for greater clarity.
Claim 5 recites “The apparatus of claim 4, wherein the assembly comprises…” is objected to because it is redundant, as the assembly is the same as the apparatus. Examiner suggests the recitation be changed to “The apparatus of claim 4, comprises...” and renaming it is unnecessary and confusing.
Claim 10, recites “the apparatus comprising: a structure…” is objected to because it is redundant, as the structure is the same as the apparatus, and renaming it is unnecessary and confusing. Examiner suggests the recitation be changed to “The apparatus comprises...” for greater clarity.
Claim 11 recites “The apparatus of claim 10, wherein the structure comprises” is objected to because it is redundant, as the structure is the same as the apparatus. Examiner suggests the recitation be changed to “The apparatus of claim 10, comprises..” and renaming it is unnecessary and confusing.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the welds upon bushing and axle tube (recited by claims 7, 9, 13, 15) are not identified by any reference character or callout in Figs 22c and 22d (note drawings Fig 32.3 and Fig 32.4 dated 09/18/2023 have welds identified) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
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.
Claims 3-7, 13-15 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.
Regarding claims 3, 7 and 13 the recitation of “a mechanism”, “a brake mount”, “a spindle” “a spider plate”, “a hub”, “a wheel”, indefinite because they are “double recitations” having been previously introduced in the claim on which they depend : 1, 4, 10. It is suggested by Examiner that the recitations be changed such that the leading articles “a” for each of the limits be instead “the” for greater clarity ( i.e. “a mechanism” be changed to “the mechanism”, etc.).
Regarding claims 13, 14 and 15, the recitation of “a mechanism”, “an axle tube”, “a brake mount”, “a spindle” “a spider plate”, “a rotor”, “a wheel”, are indefinite because they are “double recitations” having been previously introduced in claim 10. It is suggested by Examiner that the recitations be changed such that the leading article “a” be instead “the” for greater clarity.
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 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
US-8827015-B2 to Power (“Power”).
Regarding Claim 1, Power discloses an apparatus () for use with a mechanism (10 “axle assembly”, Col 2 lines 42-Col 3 lines 8, Fig 1-4) of the type which, when manufactured, has an axle tube (12 “axle housing or tube”) terminating in a brake mount (50 “attachment member” with 54 “brake mount interface” and 52 “spindle attachment interface, Col 2, lines 46-49, Col 3 lines 18-26, Fig 3-4), a spindle (56, Fig 1,2a, 2b) extending from the brake mount, a spider plate (56a flange portion of spindle, with 56b openings to mount to 52 “spindle attachment interface” of 50) mounted to (Col 2 lines 46-50, Fig 4) the brake mount in surrounding relation to the spindle, a brake assembly (18) mounted to (Fig 1, Col 2 lines 57-59) the brake mount in surrounding relation to the spindle, a hub (22, Col 2, lines 50-55, Figs 1, 2a-2b, 3) mounted to the spindle and a wheel (“rim and tire mounted on hub”, Col 2, lines 55-56, Fig 5) mounted to the hub (italicized limits intended use, not limiting), the apparatus comprising: an assembly (56 removable replaceable spindle, Col 2, lines 63-67, Col 3 lines 1-39) adapted to receive (Col 2 lines 50-53, Fig 1, 4) the hub in the manner of the spindle, adapted to be mounted (Col 2 lines 62-67, Col 3line 1-39, Fig 1-4) to the brake mount in the manner of the spider plate and adapted to receive (Col 2 lines 46-50, 62-67, Col 3 lines 1-39, Fig 1-4) the brake in the manner of the spider plate.
Regarding Claim 2, Power discloses the apparatus of claim 1, comprises a spindle portion (56 spindle that is removable replaceable spindle, thus a method of repairing spindle Col 2, lines 63-67, Col 3 lines 1-39) having a spindle part (56c “cylindrical portion” extending from 56a to end with tapering stages, Col 3 lines 27-39, Fig 4) that is adapted to receive Col 2, lines 50-55, Figs 1, 2a-2b, 3the hub in the manner of the spindle and a flange part (56a ‘flange portion”, Col 3 lines 27-36, Fig 4) from which the spindle part protrudes (Fig 4); and a spider portion (56a and 56b act as “spider plate”, supports brake components not shown, Para 37) having a hollow adapted to receive the flange part, the spider portion and the flange part being adapted to be mounted to the brake mount in the manner of the spider plate and adapted to receive the brake in the manner of the spider plate.
Regarding Claim 3, Power discloses a method for repairing a damaged a mechanism of the type which, when manufactured, has an axle tube terminating in a brake mount, a spindle extending from the brake mount; a spider plate mounted to the brake mount in surrounding relation to the spindle; a brake assembly mounted to the brake mount in surrounding relation to the spindle; a hub mounted to the spindle; and a wheel mounted to the hub (underlined limits as described in paragraph 11 of this document), the method comprising: operatively mounting the apparatus of claim 2 to the brake mount (as described in paragraph 12 of this document).
Claim(s) 4, 5, 6 and 10, 11, 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by 20160023513-A1 to Crockett (“Crockett”).
Regarding Claim 4 Crockett discloses an apparatus (3a “spare stub” with 3g “circular flange”, [i.e. replacement spindle]) for use with a mechanism (“axle assembly” including 1 axle and 4 flanges, Para 63, Para 67 Fig 1a-1b) of the type which, when manufactured, has an axle tube (1 “axle tube”) terminating in a brake mount (4 “axle flange”, known in the art as a brake mount on which a brake assembly is mounted thereon), a spindle (3a “spindle” with 3c “back end” and 3d” forward staircase” and 3b flange welded to 3d, Para 64, 65, Fig 1b, 6,8) extending from (Fig 1b) the brake mount, a spider plate (3b “circular flange”) mounted to (3e “lip” of 3b abuts 4, connected to 3b via a bolt-nut connection Para 65, Para 67 Fig 1b) the brake mount in surrounding relation (Fig 1b) to the spindle, a brake assembly (not shown, known in art to be mounted to flange on axle inward of spindle) mounted to (Fig 1, Col 2 lines 57-59) the brake mount in surrounding relation to the spindle, a hub (not shown, known in art to be mounted to spindle) mounted to the spindle and a wheel (not shown, known in art to be mounted to hub on spindle) mounted to the hub (italicized limits intended use, not limiting), the apparatus comprising: an assembly (3a “spare stub” with 3g “circular flange”, [i.e. replacement spindle])) adapted to receive (known in art to be mounted to flange on axle inward of spindle) the hub in the manner of the spindle, adapted to be mounted (3b with holes for bolt-nut connection, Para 67, Fig 1a) to the brake mount in the manner of the spider plate and adapted to capture (bolts in holes in 3b capture 3b against 4, Para 67) the spider plate against the brake mount.
Regarding Claim 5, Crockett discloses the apparatus of claim 4, wherein the assembly comprises: a spindle portion (3a “spindle” with 3c “back end” and 3d” forward staircase” and 3b flange welded to 3d, Para 64, 65, Fig 1b, 6, 8) having a spindle part (3d” forward staircase”), the spindle part being so adapted to receive the hub (not shown, known in art to be mounted to spindle); an adapter portion (3c) having a hollow (central hole in 3b, Para 64, Fig 7a) and from which the spindle portion protrudes (Fig 8); and a flange part (3b) protruding from (Fig 8) the adapter portion, the flange part being so adapted to be mounted to the brake mount and capture the spider plate thereagainst (underlined limits as described in paragraph 15 of this document).
Regarding Claim 6, Crockett discloses the apparatus of claim 5, further comprising a bushing (inward annular portion of 3b from 3e to weld on axially outer face of 3b, Para 65, Fig 8) and wherein the adapter portion (3c) is adapted to receive (3b inner circular hole and 3e lip, set upon 3c, and welded thereto, Para 65, Fig 8) the bushing in tight-fitting engagement.
Regarding Claim 10 Crockett discloses an apparatus (3a “spare stub” with 3g “circular flange”, [i.e. replacement spindle]) for use with a mechanism (“axle assembly” including 1 axle and 4 flanges, Para 63, Para 67 Fig 1a-1b) of the type which, when manufactured, has an axle tube (1 “axle tube”) terminating in a brake mount (4 “axle flange”, known in the art as a brake mount on which a brake assembly is mounted thereon), a spindle (3a “spindle” with 3c “back end” and 3d” forward staircase” and 3b flange welded to 3d, Para 64, 65, Fig 1b, 6,8) extending from (Fig 1b) the brake mount, a spider plate (3b “circular flange”) mounted to (3e “lip” of 3b abuts 4, connected to 3b via a bolt-nut connection Para 65, Para 67Fig 1b) the brake mount in surrounding relation (Fig 1b) to the spindle, a rotor (not shown, known in art to be mounted to spindle) mounted to the spindle and a wheel (not shown, known in art to be mounted to rotor on spindle) mounted to the rotor (italicized limits intended use, not limiting), the apparatus comprising: an structure (3a “spare stub” with 3g “circular flange”, [i.e. replacement spindle])) adapted to receive (known in art to be mounted to flange on axle inward of spindle) the rotor (not shown, known in art to be mounted to spindle) in the manner of the spindle, adapted to be mounted (3b with holes for bolt-nut connection, Para 67, Fig 1a) to the brake and adapted to capture (bolts in holes in 3b capture 3b against 4, Para 67) the spider plate against the brake mount.
Regarding Claim 11, Crocket discloses the apparatus of claim 4, wherein the assembly comprises: a spindle portion (3a “spindle” with 3c “back end” and 3d” forward staircase” and 3b flange welded to 3d, Para 64, 65, Fig 1b, 6, 8) having a spindle part (3d” forward staircase”), the spindle part being so adapted to receive the rotor (not shown, known in art to be mounted to spindle); an adapter portion (3c) having a hollow (central hole in 3b, Para 64, Fig 7a) and from which the spindle portion protrudes (Fig 8); and a flange part (3b) protruding from (Fig 8) the adapter portion, the flange part being so adapted to be mounted to the brake mount and capture the spider plate thereagainst (underlined limits as described in paragraph 15 of this document).
Regarding Claim 12, Crockett discloses the apparatus of claim 11, further comprising a bushing (inward annular portion of 3b from 3e to weld on axially outer face of 3b, Para 65, Fig 8) and wherein the adapter portion (3c) is adapted to receive (3b inner circular hole and 3e lip, set upon 3c, and welded thereto, Para 65, Fig 8) the bushing in tight-fitting engagement.
Allowable Subject Matter
Claims 7-9, 13-15 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.
The following is an examiner’s statement of reasons for allowable subject matter: The prior art fails to disclose, teach or make obvious the following limits of Claims 7-9 and 13-15:
Regarding Claim 7, the primary references applied do not teach a structure analogous to a method for repairing a damaged spindle in a mechanism of the type which, when manufactured, has an axle tube terminating in a brake mount, a spindle extending from the brake mount; a spider plate mounted to the brake mount in surrounding relation to the spindle; a hub mounted to the spindle; and a wheel mounted to the hub, the method comprising: severing the damaged spindle; welding the bushing to the axle tube; and operatively mounting the apparatus of claim 6 to the brake mount.
Regarding Claim 8, the primary references applied do not teach a structure analogous to the method of claim 7, wherein the adapter part is heated to receive the bushing.
Regarding Claim 9, the primary references applied do not teach a structure analogous to the method of claim 7, wherein the bushing is provided in the form of a bushing bracket combination, the bushing bracket combination is bolted to the brake mount to secure the bushing for welding and a bracket portion of the bushing bracket is severed and removed after the bushing part has been welded in place.
Regarding Claim 13, the primary references applied do not teach a structure analogous to a method for repairing a damaged spindle in a mechanism of the type which, when manufactured, has an axle tube terminating in a brake mount, a spindle extending from the brake mount; a spider plate mounted to the brake mount in surrounding relation to the spindle; a rotor mounted to the spindle; and a wheel mounted to the rotor, the method comprising: severing the damaged spindle; welding the bushing to the axle tube; operatively mounting the apparatus of claim 11 to the brake mount.
Regarding Claim 14, the primary references applied do not teach a structure analogous to the method of claim 13, wherein the adapter part is heated to receive the bushing.
Regarding 15, the primary references applied do not teach a structure analogous to the method of claim 13, wherein the bushing is provided in the form of a bushing bracket combination, the bracket is bolted to the brake mount to position the bushing for welding and is severed and removed after the bushing part has been welded in place.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shiets (US-4571795-A), Arrighetti (US-20210043396-A1 ), White (US-9879738-B2), Trost (US-20180215200-A1 ), Roberts (US-7229137-B2 ), Ebert (US-20200307311-A1, US-20060143893-A1) disclose mechanisms and apparatus relating to axles, spindles, brake assemblies and mounts, hub, wheel, rotor, and methods to mount or repair spindles thereto.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe Morano can be reached at 571-272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615