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 1-16, 28-38, 48-60 are pending.
Claims 17-27 and 39-47 were previously cancelled.
Claims 1-16 and 48-60 of Group I were elected without traverse.
Claims 28-38 are withdrawn, being of unelected Group II.
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 48-60 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 48 in line 6, and claim 49 in lines 2 and 3, recite the limitation "the wheel" . There is insufficient antecedent basis for this limitation in the claims:
Regarding Claim 57, in lines 2 and 3 , recitations of “an interior surface” and “an exterior surface” have prior antecedent basis in claim 1. Examiner suggests the recitations be changed to “the interior surface” and “the exterior surface”, for greater clarity.
Regarding Claim 55, in lines have prior antecedent basis in claim 1. Examiner suggests the recitations be changed to “the interior surface” and “the exterior surface”, 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) 1-4, 6-8, 12-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated US-20220048318-A1 by Shah (“Shah”).
Regarding Claim 1, Shah discloses a wheel hub (22) comprising: a wheel hub body (22, Fig 2) having an inboard end (left side of 22 Fig 2) and an outboard end (right side of 22 Fig 2); a wheel mounting portion (132 “hub mounting flange”) of the wheel hub body intermediate the inboard and outboard ends; a central opening (inner opening of 22, receiving spindle, bearings including 34 “inboard cavity” , 36 “outboard cavity” ) of the wheel hub body; an interior surface of the wheel hub body extending about (Fig 2) the central opening; an exterior surface of the wheel hub body opposite the interior surface (Fig 2); a passageway (134 “air passage”, extending between ports 142 and 140, i.e. a through opening) having an interior port (140 “first port”) at the interior surface of the wheel hub body, the interior port outboard of the inboard end of the wheel hub body; and an exterior port (142 “second port“, Fig 2) of the passageway at the exterior surface of the wheel hub body, the exterior port intermediate the wheel mounting portion and the outboard end of the wheel hub body (Fig 2).
Regarding Claim 2, Shah discloses the wheel hub of claim 1 wherein the wheel hub body includes an inboard bearing seat (where 24 “inboard bearing” is seated and engages interior hub surface) and an outboard bearing seat (where 26 “outboard bearing” is seated and engages interior hub surface); and wherein the interior port is inboard of (Fig 2) the inboard bearing seat.
Regarding Claim 3, Shah discloses wheel hub of claim 1 wherein the wheel hub body includes axle stud bosses (extending arcuately radially and axially inward from 132 mounting flange, Fig 2) and recesses therebetween (shown Fig 1, 2) having at least a portion of the exterior surface thereon; and wherein the exterior port (142 port is recessed on axle stud boss upon 132, Fig 1, 2) is in one of the recesses.
Regarding Claim 4, Shah discloses wheel hub of claim 1 wherein the interior port is inboard of the wheel mounting portion (122 inboard of 132 shown Fig 2).
Regarding Claim 6, Shah discloses wheel hub of claim 1 wherein the wheel hub body has a unitary, one-piece construction (Fig 2); and wherein the passageway comprises a through opening (as described in paragraph 10 of this document) in the wheel hub body.
Regarding Claim 7, Shah discloses wheel hub of claim 1 wherein the passageway (134) comprises a through opening (134 as described in paragraph 10 of this document) in the wheel hub body and a tube (exterior tube connecting to between well of rim 112 into 142 exterior port Fig 2) in the through opening.
Regarding Claim 8, Shah discloses the wheel hub of claim 7 wherein at least one of the interior port and the exterior port includes a portion of the tube (as described in paragraph 15 of this document)
Regarding Claim 12, Shah discloses the wheel hub of claim 1 wherein the interior port (140) includes a pocket (chamber 160 including seals, with 140 including the hub interior side of the chamber, Fig 2, Para 35) having an opening (mouth of 140) that opens to the interior surface; wherein the passageway includes a straight bore segment intersecting the pocket (radially directed passageway 134, has bore that is straight through to the pocket just described); and wherein the exterior port (142) includes at least a portion (radially directed portion of 134 that has a straight bore to 142) of the straight through bore.
Regarding Claim 13, Shah discloses the wheel hub of claim 1 wherein the mounting portion comprises a flange (132 is the hub mounting flange, as described in paragraph 10 of this document).
Regarding Claim 14, Shah discloses the wheel hub of claim 1 further comprising inboard and outboard bearings engaged with the interior surface of the wheel hub body (as described in paragraph 10 and 11 of this document).
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) 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shah as applied to claims 1 above, and further in view of CN-113320338-A to Zhang (“Zhang”).
Regarding Claim 5, Shah discloses wheel hub of claim 1 wherein the wheel hub body is rotatable around a central axis (50); and wherein the exterior port includes an opening and a flat surface portion of the exterior surface extending about the opening (as described in paragraph 10 of this document).
Shah does not disclose wherein the flat surface portion of the exterior port extends obliquely to the central axis.
Zhang discloses a wheel hub, having an exterior port 25 including a flat surface (of hub, where inner facing end of 253 of 25 seats , English Translation “ET”, Page 4, Para 8, Beginning “Referring to FIG. 1 and FIG 3…”, Page 5, Para 1 beginning “Referring to FIG. 1 and FIG 6…”, Page 5, Para 2 beginning “The valve 25…”, Fig 4-5), wherein the flat surface portion of the exterior port extends obliquely (Fig 6) to the central axis.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel hub and the flat surface, 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 wheel hub of Shah, and teaching of the flat surface of Zhang to modify the wheel hub such that the exterior port is located axially and radially inward in a thicker portion of the stub axle boss, directed obliquely with the exterior surface, with the motivation to strengthen the hub and port and passageway therein, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 16, Shah discloses the wheel hub of claim 1 wherein the wheel hub body is rotatable around a central axis (50), but does not disclose wherein and the passageway includes a straight portion extending obliquely to the central axis.
Zhang discloses a wheel hub, having an exterior port 25 including a flat surface (of hub, where inner facing end of 253 of 25 seats , English Translation “ET”, Page 4, Para 8, Beginning “Referring to FIG. 1 and FIG 3…”, Page 5, Para 1 beginning “Referring to FIG. 1 and FIG 6…”, Page 5, Para 2 beginning “The valve 25…”, Fig 4-5), wherein the flat surface portion of the exterior port and a straight portion of passageway extends obliquely (Fig 6) to the central axis.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel hub and the flat surface, 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 wheel hub of Shah, and teaching a straight portion of passageway extends obliquely to the central axis of Zhang, to modify the wheel hub such that the exterior port is located axially and radially inward in a thicker portion of the stub axle boss, and the port and a straight portion of the passageway is directed obliquely to the central axis, with the motivation to strengthen the hub and port and passageway therein, having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shah as applied to claims 1 above, and further in view of US-20150068653-A1 to Cis (“Cis”).
Regarding Claim 15, Shah discloses the wheel hub of claim 1, wherein the passageway comprises a first passageway (as described in paragraph 10 or this document, but does not disclose the wheel hub including a second passageway.
Cis discloses a wheel hub (5) having a first and second passageway (12a, 12b “first and second passage for inflating and or deflating a pneumatic tire”, Para 69 , Fig 1, -3).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel hub and the second passageway 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 wheel hub of Shah and the second passageway of Cis, to modify the wheel hub such that it includes a second passageway (like Cis) with the motivation allow design redundancy and inflation/deflation of the via two passageways (Para 69) having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 9-11, and 48-60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shah as applied to claims 1 above, and further in view of US-8915274-A1 by Eschenburg (“Eschenburg”).
Regarding Claim 9, Shah discloses the wheel hub of claim 1, but does not disclose wherein the exterior port includes a flat surface portion and an opening that opens to the flat surface.
Eschenburg (Annotated Fig 2 “AF2”) discloses a wheel hub wherein an exterior port (94 “outlet”[i.e. a through opening] formed from 94 , 86 “second air passage” [i.e. tube] and 92 “interior port” Fig 2) includes a flat surface portion (axially inner side of 94, AF2) of the exterior surface and an opening (radially outer end portion of 86 with reduced diameter recessed from flat surface Fig 2) inboard of flat surface, the exterior port located between a pair of protrusions [i.e. a protector], the first protrusion (radial extreme of 48 “mounting flange portion” [i.e. stub axle boss”], Fig 2) having a first radius (R1 Fig 2) and the second protrusion having a second radius (R2 Fig 2), where R2 is greater than R1.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel hub and the exterior port including a flat surface portion of the exterior surface and an opening that opens to and is recessed from the flat surface, the exterior port located between a pair of protrusions, the first protrusion having a first radius (R1) and the second protrusion having a second radius (R2), where R2 is greater than R1 .
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wheel hub of Shah and the teaching of the exterior port, a tube with an opening that opens to and is recessed from the flat surface and the exterior port including a flat surface portion of the exterior surface, and an opening that opens to and is recessed from the flat surface, the exterior port located between a pair of protrusions, the first protrusion having a first radius (R1) and the second protrusion having a second radius (R2), where R2 is greater than R1; to modify the wheel hub such that the exterior port connects to a tube with an opening that opens to and is recessed from the flat surface, (like Eschenburg) with the motivation to protect the exterior port [by its shape and location from road dirt, debris in the environment around the hub exterior; and to further modify the wheel hub such that the exterior port is located between a pair of protrusions, the first protrusion having a first radius (R1) and the second protrusion having a second radius (R2), where R2 is greater than R1, with the motivation to protect the exterior port [(i.e. the protrusions are protectors], by its location from impact by loose road objects in the environment around the hub exterior, having an expectation of equivalent function and a reasonable expectation of success.
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Regarding Claim 10, the combination of Shah and Eschenburg discloses the wheel hub of claim 9 wherein the opening comprises a through opening (134 as described in paragraph 10 of this document) in the wheel hub body; wherein the passageway includes a tube (as described in paragraph 28 of this document) in the through opening of the wheel hub body, the tube including an end portion spaced inboard of the flat surface portion of the exterior port.
Regarding Claim 11, the combination of Shah and Eschenburg discloses the wheel hub of claim 1 wherein the wheel hub body includes a protector (as described in paragraph 28 of this document) adjacent the exterior port the wheel hub body configured to inhibit the wheel from contacting the exterior port (italicized limits not limiting: the contact with wheel as described in paragraph 22 of specification constitutes a method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)).
Regarding Claim 48, Shah discloses the wheel hub of claim 1, but does not disclose further comprising: a protector of the wheel hub body configured to inhibit the wheel from contacting the exterior port (italicized limits not limiting: the contact with wheel as described in paragraph 22 of specification constitutes a method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)).
Eschenburg (Annotated Fig 2 “AF2”) discloses a wheel hub wherein an exterior port (94 “outlet”[i.e. a through opening] formed from 94 , 86 “second air passage” [i.e. tube;, and 92 “interior port” Fig 2) includes a flat surface portion (axially inner side of 94, AF2) of the exterior surface and an opening (radially outer end portion of 86 with reduced diameter recessed from flat surface [i.e. pocket] Fig 2) inboard of flat surface, the exterior port located between a pair of protrusions [i.e. a protector], the first protrusion (radial extreme of 48 “mounting flange portion” [i.e. stud axle boss”], Fig 2) having a first radius (R1 at extreme radial surface thereof Fig 2) and the second protrusion having a second radius (R2 at extreme radial surface thereof Fig 2), where R2 is greater than R1.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel hub and the exterior port including a flat surface portion of the exterior surface and an opening that opens to and is recessed from the flat surface, the exterior port located between a pair of protrusions, the first protrusion having a first radius (R1) and the second protrusion having a second radius (R2), where R2 is greater than R1 .
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wheel hub of Shah and the teaching of the exterior port, a tube with an opening that opens to and is recessed from the flat surface and the exterior port including a flat surface portion of the exterior surface, and an opening that opens to and is recessed from the flat surface, the exterior port located between a pair of protrusions, the first protrusion having a first radius (R1) and the second protrusion having a second radius (R2), where R2 is greater than R1; to modify the wheel hub such that the exterior port connects to a tube with an opening that opens to and is recessed from the flat surface, (like Eschenburg) with the motivation to protect the exterior port [by its shape and location from road dirt, debris in the environment around the hub exterior; and to further modify the wheel hub such that the exterior port is located between a pair of protrusions, the first protrusion having a first radius (R1) and the second protrusion having a second radius (R2), where R2 is greater than R1, with the motivation to protect the exterior port [(i.e. the protrusions are protectors], by its location from impact by loose road objects in the environment around the hub exterior, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 49, the combination of Shah and Eschenburg discloses the wheel hub of claim 48 wherein the protector comprises a protrusion (two protrusions [ i.e. a pair] as described in paragraph 31 of this document) of the wheel hub body adjacent the exterior port so that the wheel contacts the protrusion instead of the exterior port as the wheel is moved along the wheel hub body (italicized limits not limiting: the contact with wheel as described in paragraph 22 of specification constitutes a method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)).
Regarding Claim 50, the combination of Shah and Eschenburg discloses the wheel hub of claim 49 wherein the protrusion comprises a pair of protrusions (as described in paragraph 32 of this document) having the exterior port therebetween.
Regarding Claim 51, the combination of Shah and Eschenburg discloses the wheel hub of claim 48 wherein the wheel hub body has a central axis of rotation (50 Shah Fig 2); wherein the exterior port has a first maximum radial distance (shown Fig 2) from the central axis of rotation; and wherein the protector includes a protector surface portion (as described in paragraph 31 of this document) of portion adjacent the exterior port and having a second maximum radial distance from the central axis of rotation that is greater than the first maximum radial distance so that the protector surface portion is radially outward of the exterior port (as described in paragraph 31 of this document)
Regarding Claim 52, the combination of Shah and Eschenburg discloses the wheel hub of claim 51 wherein the protector surface portion comprises a pair of protector surface portions wherein the wheel hub body includes a recess between the protector surface portions; and wherein the exterior port is in the recess (as described in paragraph 31 of this document).
Regarding Claim 53, the combination of Shah and Eschenburg discloses the wheel hub of claim 48 wherein the protector comprises axle stud bosses (as described in paragraph 31 of this document).
Regarding Claim 54, the combination of Shah and Eschenburg discloses the wheel hub of claim 48 wherein the exterior port comprises an opening and an annular surface extending about the opening (as described in paragraph 31 of this document).
Regarding Claim 55, the combination of Shah and Eschenburg discloses the wheel hub of claim 48 wherein the wheel hub body includes and wherein the exterior port is inboard of the outboard end of the wheel hub body (as described in paragraph 10 of this document).
Regarding Claim 56, the combination of Shah and Eschenburg discloses the wheel hub of claim 55, wherein the interior port (140) includes a pocket (Shah chamber 160 including seals, with 140 including the hub interior side of the chamber, Fig 2, Para 35) extending radially outward from (Fig 2) the interior surface of the wheel hub body.
Regarding Claim 57, the combination of Shah and Eschenburg discloses the wheel hub of claim 48, wherein the wheel hub body includes extending about the central opening, and (just recited limits as described in paragraph 31 of this document), Shah further discloses to receive a vehicle spindle (20, Para 11, Fig 2).
Regarding Claim 58, the combination of Shah and Eschenburg discloses the wheel hub of claim 57 wherein the interior port includes a recess (as described in paragraph 10 of this document) of the interior surface.
Regarding Claim 59, the combination of Shah and Eschenburg discloses the wheel hub of claim 48 wherein the passageway includes a through opening (as described in paragraph 31 of this document) in the wheel hub body.
Regarding Claim 60, the combination of Shah and Eschenburg discloses the wheel hub of claim 59, Shah further discloses wherein the passageway includes a tube (as described in paragraph 31of this document) of the wheel hub body.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Gonska (US-7931061-B2), Bartos (US-4705090-A), D'Amico (US-20020112802-A1), Seibert (US-20200161898-A1), Tsiberidis (US-20150290986-A1), Runels (US-4804027-A), Bradley (US-5868881-A), Eschenburg (US-20100181739-A1), Kamm (US-2944579-A), Bittlingmaier (US-20150352911-A1), Scully (US-4582107-A), Furtado (US-11254170-B2), Knepple (US-9718319-B2) disclose wheel hubs with bearings ports, passageways.
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