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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 5-8 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, the limitation “wherein the inner surface of the torque tube comprises a radially projecting step and each of the retaining tabs for retaining a fastening raised portion of said radially projecting step” is unclear. It is clear as to how the inner surface (12.1, Applicant fig 5) of the torque tube (12) comprises step (19) but it is not clear as to how the inner surface also comprises the tabs (22) which are attached to the heat shield. Specifically, the limitation “and each of the retaining tabs for retaining a fastening raised portion of said radially projecting step” is unclear.
Claim 7 recites the limitation "the transverse groove" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 5, from which 7 depends has not defined a transverse groove. The transverse groove has been defined in claim 6, from which claim 7 no longer depends.
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, 4-5, and 9-13 are rejected under 35 U.S.C. 102a1 as being anticipated by French et al. (US-10330163).
Regarding claim 1, French et al. discloses a braking device for braking a wheel (figs 1 and 1A, 104) of an aircraft (10), a hub (106) of which is mounted rotatably on an axle (102), the braking device comprising a stack of discs (122/124) threaded on a torque tube (114 and/or 138) which is attached to the axle (102) and equipped internally with a heat shield (140 and including embodiments in figures 2-6, 202/304/404/504/604) extending opposite an outer surface of the hub facing the stack of discs to protect said hub from heat radiation generated by the stack of discs (at least fig 1b), wherein the heat shield comprises a tubular body (at least fig 2a at 202) which is coaxial to the torque tube and a plurality of retaining tabs (at least fig 2a 212/252 and including the embodiments in figs 3-6, 302/402/502/602) which are resiliently deformable (at least wherein any tabs have been interpreted to be resiliently deformable to a certain degree) and secured to the tubular body (fig 2-6), each of the retaining tabs and an inner surface (at least shown in fig 2a at 218.222 and 216/212) of the torque tube comprising additional raised portions (fig 2a or2b at or near reference numeral 218) to engage with one another so as to axially immobilize the heat shield inside the torque tube (at least fig 2b wherein tabs 212 and raised portions at 218 engage and secure 202).
Regarding claim 2, French et al. discloses wherein the tubular body (202 and/or 140) extends from a web (110 and/or 218) of the wheel and a free edge (fig 1b at or near 106/108 and fig 2b, at or near 240) of the hub (210).
Regarding claim 4, French et al. discloses wherein the retaining tabs (fig 2a, at least 212 and/or 252) are evenly distributed about a central axis of the tubular body (at least fig 2a).
Regarding claim 5, French et al. discloses wherein the inner surface of the torque tube comprises a radially projecting step (fig 2a at least at 218/222 wherein 222 radially projects inward) and each of the retaining tabs (212) for retaining a fastening raised portion of said radially projecting step (at least wherein 212 is retained at 220).
Regarding claim 9, French et al. discloses wherein the retaining tabs (at least figs 5 and 6 502/602) define a diameter less than an inner diameter of the torque tube (figs 5 and 6 at least the diameter set at or near 520/620) and greater than the outer diameter of the tubular body (figs 5 and 6 at least the diameter set at or near 530/630 which is radially outside of heat shields 508/608).
Regarding claim 10, French et al. discloses wherein at least one of the retaining tabs (212 and/or 252) is formed integrally with the main tubular body (at least fig 2a, and col. 1, lines 38-39, formed integrally).
Regarding claim 11, French et al. discloses an aircraft wheel (104) equipped with a braking device the braking device according to any one of the preceding claims claim 1 (at least figs 1-2).
Regarding claim 12, French et al. discloses an aircraft landing gear (12/14) comprising at least one aircraft wheel (104) according to claim 11 (fig 1, at least 12 and 14).
Regarding claim 13, French et al. discloses an aircraft (fig 1, 10) comprising at least one aircraft landing gear according to claim 12 (fig 1, at least 10, 12, 14).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over French et al. (US-10330163) in view of Hoglund et al. (US-11231081).
Regarding claim 3, French et al discloses as set forth above but lacks wherein the heat shield comprisies spherical cap-shaped stamps facing the inner surface of the torque tube to form punctual contacts with said inner surface of the torque tube. Hoglund et al teaches wherein integral spacers (154) extend radially outward from the outer circumferential surface of a heat shield (120). Spacers (154) may contact radially inward surface (112) of wheel (102). Spacers (154) may maintain a preselected radial distance between heat shield (120) and radially inward surface (112) of wheel (102) (Hoglund et al, col. 6, lines 11-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the heat shield of French et al. with the spacers of Hoglund et al. at least to “prevent, or reduce occurrences of, heat shield physically contacting wheel” (Hoglund et al, col. 6, lines 16-19) and causing over-wear or damage.
Allowable Subject Matter
Claims 6-8 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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/JAMES K HSIAO/Examiner, Art Unit 3616