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 .
Drawings
The drawings are objected to because the left side reference character 100 directed to the “body” of the unit block in Fig. 8 should be replaced with reference character 110 to be consistent with the remainder of the disclosure.
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 “each of the unit blocks comprises a groove portion formed concavely between the body and the second connecting surface of the connecting portion” (emphasis added) as set forth in claim 13 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
3. 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 5, 6, 8-11, 13-17 and 19-22 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 5, there is insufficient antecedent basis for “the close state”.
Regarding claim 8, the limitation “an outer surface heading for an outside” renders the claim indefinite because it is unclear what is considered to be “heading for an outside” (e.g., if the wheel unit were positioned “outside”, how is the outer surface considered to be “heading for an outside”). The Examiner suggests replacing this limitation with -- an outer surface facing radially outwardly away from the hub.
Regarding claim 16, there is insufficient antecedent basis for “the close state”.
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, 3, 5, 6, 11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoo et al. (KR 20160120920 A; hereinafter “Yoo”).
Regarding claim 1, Yoo discloses a wheel unit 100 comprising: a hub 120 rotating by receiving a rotating force (2nd full paragraph on page 4 of the English language machine translation); a plurality of unit blocks 112 spaced apart from the hub and forming an outer shape of the wheel unit (Fig. 3); and a supporting body 130 configured to connect the hub with the unit blocks (Fig. 3), or filled between the hub and the unit blocks, wherein the supporting body applies a tension to the unit blocks along a direction toward the hub (2nd full paragraph on page 6 of the English language machine translation), to close up the unit blocks with each other, when the wheel unit passes through a ground (evident from Fig. 3 and the last paragraph on page 4 of the English language machine translation), wherein the unit blocks adjacent to each other are relatively rotated or moved, when the wheel unit overcomes an obstacle (5th and 6th full paragraphs on page 3 and the last paragraph on page 4 of the English language machine translation).
Regarding claim 3, Yoo further discloses the unit blocks adjacent to each other making contact with the obstacle rotates relatively radially outward (evident from the 5th and 6th full paragraphs on page 3 and the last paragraph on page 4 of the English language machine translation and the hinged connection between adjacent unit blocks as shown in Fig. 3), and at least some of the unit blocks adjacent to each other not making contact with the obstacle rotates relatively radially inward (evident from the 5th and 6th full paragraphs on page 3 and the last paragraph on page 4 of the English language machine translation and the hinged connection between adjacent unit blocks as shown in Fig. 3), when the wheel unit overcomes the obstacle.
Regarding claim 5, Yoo further discloses the unit blocks adjacent to each other remain close to each other when the unit blocks adjacent to each other rotate relatively radially outward (evident from the 5th and 6th full paragraphs on page 3 and the last paragraph on page 4 of the English language machine translation and the hinged connection between adjacent unit blocks as shown in Fig. 3), and the close state of the unit blocks adjacent to each other is released and the distance between the unit blocks adjacent to each other is increased when the unit blocks adjacent to each other rotate relatively radially inward (evident from the 5th and 6th full paragraphs on page 3 and the last paragraph on page 4 of the English language machine translation and the hinged connection between adjacent unit blocks as shown in Fig. 3).
Regarding claim 6, Yoo further discloses each of the unit blocks comprises: a body 112; a rotating portion 112b disposed at a first side of the body (Fig. 5(a)); a combining portion 112a disposed at a second side of the body and rotatably combined with the rotating portion of an adjacent unit block (Fig. 5(a)); and a pin 114 combining the combining portion with the rotating portion of the adjacent unit block to be rotated and moved within a predetermined range (evident from the 6th full paragraph on page 3 of the English language machine translation and Fig. 5(a)).
Regarding claim 11, Yoo further discloses each of the unit blocks comprises: a body 112 forming a rounded outer surface (at “convex portion” 112b); and a connecting portion (comprised of first and second connecting surfaces labeled in reproduced and annotated Fig. 5(a) provided below) extending from the body and forming an inserting space (labeled in reproduced and annotated Fig. 5(a) provided below) into which the body of an adjacent unit block is inserted (Fig. 5(a)), wherein the connecting portion comprises: a first connecting surface (labeled in reproduced and annotated Fig. 5(a) provided below) extending from a first side (labeled in reproduced and annotated Fig. 5(a) provided below) of the body; a second connecting surface (labeled in reproduced and annotated Fig. 5(a) provided below) extending from a second side (labeled in reproduced and annotated Fig. 5(a) provided below) of the body and forming the inserting space with the first connecting surface (Fig. 5(a)); and a contact surface (at “concave portion” 112a) connecting the first surface with the second surface (Fig. 5(a)), and having a concaved rounded surface (surface of “concave portion” 112a) to make contact with an outer surface of the body of the adjacent unit block (Fig. 5(a)).
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Regarding claim 16, Yoo further discloses the close state of the unit blocks adjacent to each other is released and the distance between the unit blocks adjacent to each other is increased when the unit blocks adjacent to each other rotate relatively radially outward and the unit blocks adjacent to each other rotate relatively radially inward (evident from the 5th and 6th full paragraphs on page 3 and the last paragraph on page 4 of the English language machine translation and the hinged connection between adjacent unit blocks as shown in Fig. 3).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo in view of Chalk (US 3,942,839).
Although Yoo further discloses the supporting body 130 comprises a plurality of wires (5th full paragraph on page 4 of the English language machine translation) connected between the unit blocks and the hub unit (Fig. 3), Yoo fails to expressly disclose the hub comprises a first hub unit and a second hub unit which are spaced apart from each other along an axial direction, wherein the tension applied by the wires is controlled as the distance between the first and second hub units is changed.
Chalk, however, teaches a wheel unit in which a hub 12 comprises a first hub unit 24 and a second hub unit 26 which are spaced apart from each other along an axial direction (Figs. 1 and 2), wherein the tension applied by the wires 16 is controlled as the distance between the first and second hub units is changed (lines 51-65 of col. 3; Figs. 1 and 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the wheel unit of Yoo by forming its hub with a first hub unit and a second hub unit which are spaced apart from each other along an axial direction, wherein the tension applied by the wires is controlled as the distance between the first and second hub units is changed, such as taught by Chalk, with a reasonable expectation of success in controlling the tension supplied by the supporting body.
Allowable Subject Matter
Claims 24 and 37 are 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.
Claims 8-10, 13-15, 17 and 19-22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) J 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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/Kip T Kotter/Primary Examiner, Art Unit 3615