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 2-5 are pending.
Claim 1 is cancelled
Claims 2-4 are amended.
Claim Rejections - 35 USC § 112
Claims 3 and 5 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 3, the recitation in line 27 “the cylindrical part of the inner member” is indefinite, because conflicts with claim 3 lines 23-25, 28-29, Figure 2, and paragraph 28 of the specification of the instant application, which describe the cylindrical part as: being separate from the inner member, provided on the inner member, at an outer diameter side of “the inner member”. It is suggested by Examiner to change the recitation to “the cylindrical part” 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) 2 and 4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by JP-2019107994-A to Sonoda (“Sonoda”).
Regarding Claim 2, Sonoda discloses a wheel bearing device (1 wheel supporting device including 4 “hub”, 31 “hub wheel”, 23 “hub central convex portion”, 32 “bearing” [i.e. hub outer ring], 41 “bearing inner ring” that is crimped ), wherein comprising: a wheel bearing (32 “bearing”) including an outer member (42 “outer ring”) having a double row of outer raceway surfaces (Fig 1) formed on an inner peripheral surface, an inner member (inner “inner end portion of 31 “hub wheel”, having 41 “bearing inner ring” crimped thereto) having a double row of inner raceway surfaces (Fig 1) formed on an outer peripheral surface so as to face the double row of outer raceway surfaces, and a plurality of rows of rolling elements (43, 44 “two rows of balls”) interposed between (Fig 1) the double row of outer raceway surfaces of the outer member and the double row of inner raceway surfaces of the inner member; and a constant velocity universal joint (3) having an outer joint member (12 “outer ring” with 21 “outer ring dome portion an inner joint member (11 “inner ring”), and a torque transmission member (13 “a plurality of balls”, 14 “cage”, 2 “drive shaft” etc. Fig 1) that transmits torque between (English Translation “ET” Abstract, Page 2 Para 6 beginning “Hereinafter, preferred embodiments…”, Page 5, Para 1, lines 5-6 beginning “Furthermore, the connection…” ) the outer joint member and the inner joint member, wherein the inner member (inner end portion of 32 bearing) of the wheel bearing comprises an uneven surface (38 “plurality of outer recesses” with 38a “parallel side walls”, Fig 3a, 3b) in which a plurality of protrusions (between 38a) and recesses (38 “plurality of outer recesses”) are alternately formed in a circumferential direction (BRI: recesses and protrusions alternating circumferentially on the axial end surface; Fig 2, 3a, 3b) on an inboard side, the outer joint member of the constant velocity universal joint comprises an uneven surface in which a plurality of protrusions (22 “plurality of outer protrusions/projections/outer convex portions”) and recesses (formed between 22a “sidewalls of protrusions”, Fig 3c) are alternately formed in a circumferential direction on a portion that faces in an axial direction (BRI: recesses and protrusions alternating circumferentially on the axial end surface, (Fig 2, 3a, 3c) the uneven surface of the inner member of the wheel bearing, a recess-and-protrusion fitting structure (22, 22a, Fig 2, 3a-3d), which couples the outer joint member of the constant velocity universal joint and the inner member of the wheel bearing in a torque transmittable manner (ET Page 4 Para 5, lines 6-9 beginning “As described above…”), is formed by the uneven surface (38, 38a) of the outer joint member of the constant velocity universal joint and the uneven surface (22, 22a) of the inner member of the wheel bearing being meshed with each other (“22 of 3 “are fitted to” 38 of 31 [i.e. meshed], ET Page 5 Para 3, lines 3-4 beginning, the outer joint member of the constant velocity universal joint has a protruding part (23 “central convex portion” with predetermined length to 23a tip end thereof, ET Page 3, Para 4, beginning “Further, the central convex…”, Figs 1, 2, 3) protruding farther toward an outboard side (23a extending outboard, axially beyond 38, Figs 1-3) than the uneven surface (22) of the outer joint member, the protruding part being provided on an inner diameter side ( of the uneven surface of the outer joint member of the constant velocity universal joint (as shown Fig 1, 2, 3), an outer peripheral surface of the protruding part (23) of the outer joint member and the inner peripheral surface (of 37 “central recess” of 31 “hub wheel”) the inner member of the wheel bearing are fitted to each other (ET Page 5 Para 2, beginning “Further, as shown in Figs. 3a and 3b…”, Figs 1-3d) and an axial gap (“tip end surface of 22 has of slight gap surface corresponding to bottom surface of 38” Page 5 Para 3, lines 9-10 beginning is formed between each of tops of the protrusions of the uneven surface of the outer joint member of the constant velocity universal joint and each of bottoms of the recesses of the uneven surface of the inner member of the wheel bearing.
Regarding Claim 4 , Sonoda discloses the wheel bearing device according to claim 2, wherein the uneven surface (38) of the inner member of the wheel bearing is a face spline (“38 are radially disposed in the circumferential direction around central axis” [i.e. face spline], ET Page 5 Para 2, beginning “Further, as shown in Figs. 3a and 3b…”, Fig 3b) in which the plurality of protrusions and recesses extend in a radial direction, and the uneven surface (22) of the outer joint member of the constant velocity universal joint is a face spline ( “22 extend radial direction about central axis” [i.e. face spline], ET Page 3 Para 4, Fig 3c in which the plurality of protrusions and recesses extend in a radial direction.
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) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP-2019107994-A to Sonoda (“Sonoda”), and further in view of JP-2011031684-A to Harada (“Harada”).
Regarding Claim 3, Sonoda discloses a wheel bearing device (1 wheel supporting device including 4 “hub”, 31 “hub wheel”, 23 “hub central convex portion”, 32 “bearing” [i.e. hub outer ring], 41 “bearing inner ring” that is crimped ), comprising: a wheel bearing (32 “bearing”) including an outer member (42 “outer ring”) having a double row of outer raceway surfaces (Fig 1) formed on an inner peripheral surface, an inner member (inner “inner end portion of 31 “hub wheel”, having 41 “bearing inner ring” crimped thereto) having a double row of inner raceway surfaces (Fig 1) formed on an outer peripheral surface so as to face the double row of outer raceway surfaces, and a plurality of rows of rolling elements (43, 44 “two rows of balls”) interposed between (Fig 1) the double row of outer raceway surfaces of the outer member and the double row of inner raceway surfaces of the inner member; and a constant velocity universal joint (3) having an outer joint member (12 “outer ring” with 21 “outer ring dome portion an inner joint member (11 “inner ring”), and a torque transmission member (13 “a plurality of balls”, 14 “cage”, 2 “drive shaft” etc. Fig 1) that transmits torque between (English Translation “ET” Abstract, Page 2 Para 6 beginning “Hereinafter, preferred embodiments…”, Page 5, Para 1, lines 5-6 beginning “Furthermore, the connection…” ) the outer joint member and the inner joint member, wherein the inner member (inner end portion of 32 bearing) of the wheel bearing comprises an uneven surface (38 “plurality of outer recesses” with 38a “parallel side walls”, Fig 3a, 3b) in which a plurality of protrusions (between 38a) and recesses (38 “plurality of outer recesses”) are alternately formed in a circumferential direction (BRI: recesses and protrusions alternating circumferentially on the axial end surface; Fig 2, 3a, 3b) on an inboard side, the outer joint member of the constant velocity universal joint comprises an uneven surface in which a plurality of protrusions (22 “plurality of outer protrusions/projections/outer convex portions”) and recesses (formed between 22a “sidewalls of protrusions”, Fig 3c) are alternately formed in a circumferential direction on a portion that faces in an axial direction (BRI: recesses and protrusions alternating circumferentially on the axial end surface, (Fig 2, 3a, 3c) the uneven surface of the inner member of the wheel bearing, a recess-and-protrusion fitting structure (22, 22a, Fig 2, 3a-3d), which couples the outer joint member of the constant velocity universal joint and the inner member of the wheel bearing in a torque transmittable manner (ET Page 4 Para 5, lines 6-9 beginning “As described above…”), is formed by the uneven surface (38, 38a) of the outer joint member of the constant velocity universal joint and the uneven surface (22, 22a) of the inner member of the wheel bearing being meshed with each other (“22 of 3 “are fitted to” 38 of 31 [i.e. meshed], ET Page 5 Para 3, lines 3-4 beginning
Sonoda does not disclose a cylindrical part protrudes farther toward the inboard side than the uneven surface of the inner member, the cylindrical part being provided on the inner member at an outer diameter side of the uneven surface for strikeout font see paragraph 4 of this document).
Harada discloses a wheel bearing device (1) including a wheel bearing (1 “wheel bearing device” including” 7 “inner ring”, 6 “inner shaft”, 11 “flange” and 13 “tubular/cylindrical portion” , 18 “caulking portion”), an inner member (7 “inner ring”), an outer joint member (3 “constant velocity joint”), and a recess and protrusion fitting structure (21 “a plurality of teeth” spreading radially [i.e. face spline] on 20 driving force receiving portion” on 18, Page 3, Para 4 beginning “A driving force receiving portion 20…”, Fig 3; and 25 “a plurality of teeth” spreading radially [i.e. face spline] on 24 “driving force transmitting portion” on 22c “connection end surface” of 22 “outer ring” of 3, Page 3, Para 7 beginning "A driving force transmitting portion 24…”, Fig 4) having an uneven surface (Fig 3, 4) therein between (between 7 and 3, Figs 2, 5 6), and a cylindrical part (27 “seal member” fixed to 7 “inner ring member”: including 28 “annular cored bar” having 31 “a first cylindrical body”, 33 “an annular plate”, and 32 “a second cylindrical body , and 29 “cylindrical seal”, Page 4 Para 3 beginning “The seal member 27…” continuing until Page 4 Para 10 beginning “As described above, according…”, ending on top Page 5) that protrudes farther (see distance between interface of teeth 22 and 25 and axially inboard end of 27, Fig 5) toward the inboard side than the uneven surface of the inner member, the cylindrical part being provided on the inner member at an outer diameter side of the uneven surface of the inner member of the wheel bearing (as shown Fig 5), and an inner peripheral surface of the cylindrical part and an outer peripheral surface of the outer joint member (3) are fitted to each other farther on the outer diameter side and the inboard side than the recess-and-protrusion fitting structure (as shown Fig 5) (for strikeout font see paragraph 4 of this document).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel bearing device and the cylindrical part that protrudes farther toward the inboard side than the uneven surface of the inner member, the cylindrical part being provided on the inner member at an outer diameter side of the uneven surface of the wheel bearing, and an inner peripheral surface of the cylindrical part of the inner member and an outer peripheral surface of the outer joint member are fitted to each other farther on the outer diameter side and the inboard side than the recess and protrusion fitting structure., 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 bearing device of Sonoda and the teaching of the cylindrical part that protrudes farther toward the inboard side than the uneven surface of the inner member, the cylindrical part being provided on the inner member at an outer diameter side of the uneven surface of the wheel bearing, and an inner peripheral surface of the cylindrical part of the inner member and an outer peripheral surface of the outer joint member are fitted to each other farther on the outer diameter side and the inboard side than the recess and protrusion fitting structure of Harada, to modify wheel bearing device (of Sonoda) such that it includes a cylindrical part (like Harada), such that the cylindrical part protrudes farther toward the inboard side (of Sonoda) than the uneven surface of the inner member (of Sonoda), the cylindrical part being provided on the inner member (of Sonoda) at an outer diameter side of the uneven surface of the wheel bearing (of Sonoda), and an inner peripheral surface of the cylindrical part (like Harada) and an outer peripheral surface of the outer joint member (of Sonoda) are fitted to each other farther on the outer diameter side and the inboard side than the recess and protrusion fitting structure (of Sonoda) with the motivation to cover the fitting [i.e. 21 and 25 meshed teeth], to prevent foreign matter from entering between, to decrease deformation/ reduction thereof, to improve meshing and force transmission therein between, and prevent rattling (Harada Page 4 Para 10 beginning “As described above, according…”, ending on top Page 5), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 5, the combination of Sonoda and Harada discloses the wheel bearing device according to claim 3, wherein the uneven surface of the inner member of the wheel bearing is a face spline in which the plurality of protrusions and recesses extend in a radial direction, and the uneven surface of the outer joint member of the constant velocity universal joint is a face spline in which the plurality of protrusions and recesses extend in a radial direction (as described in paragraph 12 of this document).
The prior art made of record and not relied upon, cited in PTO-892) is considered pertinent to applicant's disclosure, and teach at least one of: a wheel bearing device, including uneven surfaces, face splines, on the inner member of wheel bearing and uneven surfaces, face splines outer joint member of CV joint, a protruding part, a cylindrica part, ball bearings with associated races, between inner member and outer member of wheel bearing device, for improved torque transmission therein.
Response to Argument
Applicant’s arguments, see Remarks, filed 07/09/2026, with respect to objections to the specification, and objections to claim 1, and claim 1-4 rejections under 35 U.S.C. §112(b), and rejection of claim 1 under 35 U.S.C. §102(a)(2) have been fully considered and are persuasive, in light of the cancelation of claim 1 and amendments to the specification and amendments to claims 2-4.
Applicant’s arguments with respect to claim(s) 2-4 rejections under 35 U.S.C. §102(a)(2) have been considered but are moot because the new ground of rejection resulting from claim amendments to claims 2-4, and addition of new claim 5, for which a new set of rejections is contained herein.
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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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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