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 .
Status of Claims:
Claims 1-7, 9 and 13 are pending.
Claims 1-7 and 9 are amended.
Claims 8, 11 and 1 are cancelled.
Claim 13 is new.
Claim Objections
Claims 1 and 13 and are objected to because of the following informalities:
Lines 14–15 of Claim 13, recites “the first protrusions and the second protrusions are attached to each other with overlapping with each other” is grammatically incorrect or cumbersome. It is suggested by the Examiner, to change the recitation to “the first protrusions and the second protrusions overlap and are attached to each other”, for greater clarity.
Lines 13-14 of Claim 1, recites “the first protrusions and the second protrusions overlap and are attached to each” is grammatically incorrect, and seems to be missing they word “other” the end. It is suggested by the Examiner, to change the recitation to “the first protrusions and the second protrusions overlap and are attached to each other”, for greater clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 4 and 13 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 Claim 4, the recitation in line 2: “the outer shape of the hub has a same shape as a shape of the opening (of the brake disc)”, includes a relative term which renders the claim indefinite. The term “similar” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree of sameness of the outer hub shape and inner disc opening shape, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examining, Examiner has interpreted the recitation to mean the shapes of the hub and disc opening have compatible shapes, allowing the hub to at a specific rotation position, to fit, and pass through the opening in the disc, and after rotation to a different position, not allowing the hub to return through the opening in the disc, due to portions of the hub and disc to overlap axially and radially.
Regarding Claims 13, the recitations in lines 13 and 17, “a second rotation position of the brake disc relative to the hub” are indefinite, because the hub and brake disc are attached to eachother (specification para 2, 6) WHEN ASSEMBLED, the second rotation position exists only during assembly or disassembly of the hub and to disc (specification para 3, Fig 6, in second rotation position), and since claim 1 is for the brake disc assembly attached to hub, the second rotation position is indefinite, relating to a method of assembly or disassembly as described in paragraphs 29, 30-38 and Fig 6).
Regarding Claim 13 the recitation in line 3 in a direction of a center of the axle"; is indefinite because it can be interpreted as a radial, rotational or a direction along the axial centerline, or a direction parallel to the axial centerline. It is suggested by the Examiner, that the recitation of “a center of the axle” claim 1 line 3, be changed to “a direction of the rotational axis of the axle” for greater clarity.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-10189309-B2 to Song (“Song”).
Regarding Claim 13, Song discloses a brake disc assembly (10 “wheel bearing assembly/wheel bearing”, Para 2, Col 5, lines 35-38, Fig 1) comprising: a hub (20) attached to an axle (30 “inner race” with 34 axial spline and 36 face spline [i.e. hollow axle], Col 5 lines 43-67, Col 6, lines 1-25, Fig 1-2, Col 6 lines 6), of a vehicle (Col 1,lines 10-15); and a brake disc (100) located on an inside (hub is outboard of brake disc shown Fig 2) in a direction “axis direction”, at rotational center of 10, Fig 2) of the rotational axis of axle with respect to the hub and detachably attached (BRI: [i.e. removably connected], via 110 “disc bolts”, Col 5 lines 39-40, Col 8, 42-44, Fig 1) to the hub, wherein the brake disc includes an opening (central in disk, best shown Fig 3) through which the axle (and hub) is to penetrate (Fig 1), the hub includes first protrusions (24c “fastening protrusions”, Col 7, lines 25-27, Figs 2-3) protruding outward in a radial direction about the center of the axle in an outer periphery of the hub (Fig 3) and first recesses (recesses formed between each 24c, Fig 3) recessed inward in the radial direction in the outer periphery of the hub (Fig 3), the brake disc has second protrusions (106 “fastening , lines 59-61, Fig 3) protruding inward in the radial direction in the opening (Fig 3) and second recesses (recesses formed between each 106, Fig 3) recessed outward in the radial direction in the opening (Fig 3), when a rotation position (“disc assembled/connected to hub” Col 9 lines 8-22, shown Fig 5) of the brake disc relative to the hub about the center of the axle is a predetermined first rotation position, the first protrusions and the second protrusions are attached to each other (Col 9 lines 8-15, Fig 5), and when the rotation position of the brake disc relative to the hub about the center is a second rotation position (“disc not assembled/not attached to hub” Col 8, lines 64-67, Col 9 lines 1-7, Fig 4) different from the first rotation position, the first protrusions are within the second recesses and the second protrusions are within the first recesses as viewed in a direction of the center, and the brake disc does not overlap (Col 9 lines 4-6, Fig 4) with the hub in the direction of the center, the hub includes through holes (shown receiving 26 “hub bolts”, , Col 6, lines 31-39, Fig 1-2) for attaching a wheel (not shown, Col 1 lines 12-15, Col 6, lines 34, 37) of the vehicle to the hub, and the through holes are positioned at a location corresponding to the first recess (as shown Fig 3) (note: the italicized limits relate to a method of disassembly, as described in the instant application the specification paragraph 30-38, Fig 6; “product by process” i.e. a “method limit in product claim, is not limiting: “the patentability of a product does not depend on its method of production., MPEP 2113)).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US-10189309-B2 to Song (“Song”), and further in view of EP-3655259-B1 to Gauditz (“Gauditz”).
Regarding Claim 1, Song discloses a brake disc assembly (10 “wheel bearing assembly/wheel bearing”, Para 2, Col 5, lines 35-38, Fig 1) comprising: a hub (20) attached to an axle (30 “inner race” with 34 axial spline and 36 face spline [i.e. hollow axle], Col 5 lines 43-67, Col 6, lines 1-25, Fig 1-2, Col 6 lines 6), of a vehicle (Col 1,lines 10-15); and a brake disc (100) located on an inside (hub is outboard of brake disc shown Fig 2) in a rotational axis direction (“axis direction”, at rotational center of 10, Fig 2) of the axle with respect to the hub and detachably attached (BRI: [i.e. removably connected], via 110 “disc bolts”, Col 5 lines 39-40, Col 8, 42-44, Fig 1) to the hub, the hub includes a mounting surface where the brake disc is attached (shown Fig 2, 3), wherein the brake disc includes an opening (central in disk, best shown Fig 3) through which the axle (and hub) is to penetrate (Fig 1), the hub includes first protrusions (24c “fastening protrusions”, Col 7, lines 25-27, Figs 2-3) protruding outward in a radial direction about the center of the axle in an outer periphery of the hub (Fig 3) and first recesses (recesses formed between each 24c, Fig 3) recessed inward in the radial direction in the outer periphery of the hub (Fig 3), the brake disc has second protrusions (106 “fastening , lines 59-61, Fig 3) protruding inward in the radial direction in the opening (Fig 3) and second recesses (recesses formed between each 106, Fig 3) recessed outward in the radial direction in the opening (Fig 3), when a rotation position (“disc assembled/connected to hub” Col 9 lines 8-22, shown Fig 5) of the brake disc relative to the hub about the center of the axle is a predetermined first rotation position, the first protrusions and the second protrusions are attached to each other (Col 9 lines 8-15, Fig 5), the first protrusions of the hub and the second protrusions of the brake disc include holes (“screw holes”, in 24c “fastening protrusions” of 20 hub: Col 7 lines 25-34; in 106 “fastening protrusions” of 100 brake disc: Col 8 lines 5-14 Fig 2, 3) for attaching the hub to the brake disc, the holes of the first protrusions of the hub open to the mounting surface of the hub where the brake disc is.
Song does not disclose the holes of the first protrusions of the hub open to the mounting surface of the hub where the brake disc is attached and do not penetrate the hub (as described in instant application specification paragraph 23: do not penetrate i.e. do not pass through the hub, i.e. are not through holes).
Guaditz discloses a wheel hub (no reference number, shown in Fig 7) having a mounting surface attached to a brake disc (6) by fasteners in holes (shown Fig 7) that do not penetrate [pass through] the hub (hole where fastener connects does not pass through hub, as shown Fig 7).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake disc assembly and the wheel hub having a mounting surface attached to a brake disc by fasteners in holes that do not penetrate the hub, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the brake disc assembly of Song and teaching of the wheel hub having a mounting surface attached to a brake disc by fasteners in holes that do not penetrate the hub of Guaditz, to modify the holes in the hub Song such that they do not pass penetrate, with the motivation to protect the threaded connection between the hub and brake disc from moisture, corrosion and debris in environment on the outboard side of the hum (Gauditz, English Translation “ET” Page 2, Para 9 beginning “According to the invention, the front…”, lines 3-4: “protection from peripheral components” “snow, ice, branches and scrub…”; Song: “entry of foreign substance”, Col 3, line 42, Col 7, line 8), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 2, the combination of Song and Gauditz discloses the brake disc assembly of claim 1, wherein the hub includes an insertion hole (Fig 2, in which 30 is mounted) into which the axle is to be inserted in the rotational axis direction (“axis direction”, at rotational center of 10, Fig 2) of the axle, and the axle is fitted in the insertion hole with no clearance [30 “inner race” having splines, it is known in the art to fit splines with no clearance to avoid chatter] (note: the italicized limits relate to a method of assembly, “product by process” i.e. a “method limit in product claim, is not limiting: “the patentability of a product does not depend on its method of production., MPEP 2113)).
Regarding Claim 3, the combination of Song and Gauditz discloses the brake disc assembly of claim 2, wherein the axle is press-fitted in the insertion hole (Col 10, lines 19-23, 30 “inner race” [i.e. press fit to hub]) (note: the italicized limits relate to a method of assembly, “product by process” i.e. a “method limit in product claim, is not limiting: “the patentability of a product does not depend on its method of production., MPEP 2113)).
Regarding Claim 4, the combination of Song and Gauditz discloses the brake disc assembly of claim 1, wherein an outer shape of the hub has a same shape (BRI: shapes that are comparable, corresponding; (Col 8, lines 64-67, Col 9 lines 1-3, Fig 4) to a shape of the opening as viewed in the rotational axis direction (“axis direction”, at rotational center of 10, Fig 2).
Regarding Claim 5, the combination of Song and Gauditz discloses the brake disc assembly of claim 1, wherein a number of first protrusions is four or more (Col 8 lines 31-33, ten protrusions shown in Fig 3-5).
Regarding Claim 6, the combination of Song and Gauditz discloses the brake disc assembly of claim 1, wherein the first protrusions are located at an equal interval in a circumferential direction about the center of the axle (shown Fig 3-5).
Regarding Claim 7, the combination of Song and Gauditz discloses the brake disc assembly of claim 1, wherein the opening is located on an inside (Fig 1-2) in the radial direction with respect to a brake pad as viewed in the rotational axis direction (“axis direction”, at rotational center of 10, Fig 2) of the axle (as shown Fig 1-2).
Regarding Claim 9, the combination of Song and Gauditz discloses a brake disc assembly of claim 1, wherein the holes of the first protrusions of the hub and the holes of the second protrusions of the brake disc are located on an outside (Fig 1, 2) in the radial direction with respect to a knuckle (not shown “to which 40 ‘outer race’ would be fixedly mounted”, Col 6, lines 55-59, Fig 1) as viewed in the direction of the center of the axle.
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US-20180281517-A1 to Gordon (“Gordon”), and further in view of EP-3655259-B1 to Gauditz (“Gauditz”).
Regarding Claim 1, Gordon discloses a brake disc assembly (128 “universal axle-hub assembly”) comprising: a hub (192) attached to an axle (in 236 “axle support” with 228 “splined portion” , in 208 “opening in hub”, Figs 5b, 6a, 6c, 7a-7c, Para 43-43), of a vehicle (“off road vehicle”, Abstract line 1-2); and a brake disc (196) located on an inside (disc shown inboard of hub, Fig 6a) in a rotational axis direction rotational axis/axial centerline through hub/disc/axle all Figs) of the axle with respect to the hub and detachably attached (BRI: [i.e. removably connected] threaded fasteners implicitly are removable, via 224 “threaded fasteners” in 212 “threaded holes” in hub and brake disc, and 224“wheel studs” in smooth holes in hub and brake disc, Col Para 42, Figs 5a-b, 6a-6c, 7a-7c) to the hub, wherein the brake disc includes an opening (flower shaped best Fig 7c) disk through which the axle (and hub) is to penetrate the hub includes first protrusions (lobe like shape surrounding holes 212 and 224 Figs 5a-7c) protruding outward in a radial direction in an outer periphery of the hub (Figs 5a-7c) and first recesses (recesses formed on each side of holes 212 and 224, Figs 5a-7c) recessed inward in the radial direction in the outer periphery of the hub (Fig 3), the hub includes a mounting surface (radially outer axially inner surface of lobes surrounding holes 212 of 192 hub, Fig 7a-7b) where the brake disc is attached, the brake disc has second protrusions (lobe like shape surrounding holes 212 and 224 Figs 5a-7c (Figs 5a-7c) protruding inward in the radial direction in the opening (Figs 5a-7c) and second recesses (recesses formed on each side of holes 212 and 224, Figs 5a-7c) recessed outward in the radial direction in the opening (Fig 3), when a rotation position (is a predetermined rotational position due to location of holes and the angular orientation required for the alignment of holes 212 224, “disc assembled/connected to hub” shown Fig 5a, 5b, 6b, 6c) of the brake disc relative to the hub about the center of the axle is a predetermined first rotation position, the first protrusions and the second protrusions are attached to each other with overlapping with each other (Fig 5a, 5b, 6b, 6c), the first protrusions of the hub and the second protrusions of the brake disc include holes (212 in 192 hub, and holes receiving 220 in brake disc para 42, Figs 5a-6c) for attaching the hub to the brake disc, the holes of the first protrusions of the hub open to the mounting surface of the hub where the brake disc is attached.
Gordon does not disclose the holes of the first protrusions of the hub open to the mounting surface of the hub where the brake disc is attached and do not penetrate the hub (as described in instant application specification paragraph 23: do not penetrate i.e. do not pass through the hub, i.e. are not through holes).
Guaditz discloses a wheel hub (no reference number, shown in Fig 7) having a mounting surface attached to a brake disc (6) by fasteners in holes (shown Fig 7) that do not penetrate [pass through] the hub (hole where fastener connects does not pass through hub, as shown Fig 7).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake disc assembly and the wheel hub having a mounting surface attached to a brake disc by fasteners in holes that do not penetrate the hub, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the brake disc assembly of Gordon and teaching of the wheel hub having a mounting surface attached to a brake disc by fasteners in holes that do not penetrate the hub of Guaditz, to modify the holes in the hub Gordon such that they do not penetrate, with the motivation to protect the threaded connection between the hub and brake disc from moisture, corrosion and debris in environment on the outboard side of the hum (Gauditz, English Translation “ET” Page 2, Para 9 beginning According to the invention, the front…”, lines 3-4: “protection from peripheral components” “snow, ice, branches and scrub…”; Gordon: off-road vehicles like Gordons are known in the art to be exposed to harsh environments), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 10, the combination of Gordon and Gauditz discloses an off-road vehicle (Gordon: Abstract lines 1-2) comprising: an axle (in 236 “axle support” with 228 “splined portion” , in 208 “opening in hub”, Figs 5b, 6a, 6c, 7a-7c, Para 42-43); and the brake disc assembly of claim 1.
Response to Arguments
Applicant’s arguments, see Remarks, filed 12/16/2025, with respect to Drawing objections to Figure 6 have been fully considered and are persuasive, the Drawing objections of Figure 6 has been withdrawn.
Applicant’s arguments, see Remarks, filed 12/16/2025 with respect to the: Rejections of claims 1-3, 5-12 under 35 U.S.C. 112(b) have been fully considered and are persuasive, in light of amendments to Claims 1-3,5-7 and 9, and cancellation of Claims 8, 11 and 1. The rejections of claims 1-12 under 35 U.S.C. 112(b) has been withdrawn.
Applicant’s arguments, see Remarks, filed 12/16/2025 with respect to the: Rejections of claim 4 under 35 U.S.C. 112(b) have been fully considered and are not persuasive, in light of amendments to Claims 4, and cancellation of Claims 8, 11 and 1, because the amendment to claim 4 remains indefinite, and to which a new 35 U.S.C. 112(b) rejection is contained herein.
Applicant’s arguments, see Remarks, filed 12/16/2025, with respect Claims 1-9 rejections under 35 U.S.C. 102(a)(2) have been fully considered but are moot because the new ground of rejection resulting from claim amendments.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gauditz (DE-10201821322-A1) discloses a hub and brake disc attached via holes that are not through holes in the hub.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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