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
This communication is in response to application No. 18/282,855 filed on 03/22/2021. Claims 1-10 are currently pending and have been examined. Claims 1-10 have been rejected as follows.
Priority
Acknowledgment is made of applicant's claim priority for foreign applications NO 20210364, filed on 03/22/2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/19/2023 is being considered by the examiner.
Claim Objections
Claims 2-10 objected to because of the following informalities: claims 2-10 recite “ A rolling device” should be replaced with ---The rolling device---- Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: A control unit controls in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-10 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. The claim outlines being “arranged tangentially to the rotational direction of the wheel”. The claim language is both broad and ambiguous and the examiner would need more clarification on how the screw is arranged; for example, is the head or the side of the screw the “tangential” portion? It is understandable to be tangential to a wheel circumference but with regard to direction, the definition is unclear.
The claims 2-10 are dependent upon the independent claim 1 are also rejected under 112 second paragraph by the fact that they are dependent upon the rejected claim 1.
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.
Claims 1-10 are rejected under 35 U.S.C 103 as being unpatentable over Gibbs (US20060148340A1) in view of Hyeok (KR102067842B1).
Regarding claim 1, Gibbs discloses rolling device for a device to enable the moving of the device along a surface, where the rolling device comprises: (see at least ¶ [0006]; "It is an object of the invention to provide an amphibious vehicle having a retractable wheel arrangement in which the characteristics of the suspension means can be more easily optimised for road use) A vehicle driving along a road with wheels is a device that enables the moving of a device along a surface.
a wheel axle carrying a wheel, where the wheel has two side faces, (see at least [0047]; "The apparatus comprises a wheel support 16 having an opening or housing 21 for receiving a constant velocity (CV) joint of a drive shaft 10 (not shown in FIG. 2) to which a wheel, shown in outline at 3, is mounted. In the case of a non-driven wheel, the wheel support may be in the form of a stub axle.")
at least one axle support member rotatably connected in one end in a fixed pivot point (14) and in the other end connected to the lead screw nut, (see at least [0051]; "the actuator 35 could be a pneumatic ram or an electrically driven ram. One end of the ram 35 is connected to the vehicle body by means of a pivot 36 whilst the other end of the ram 35 is pivotably connected to a first end of a retraction lever arm 37. A second end of the retraction lever arm 37 is connected to the lower wishbone 12 via one of the inner pivots 26 which connect the lower wishbone to the vehicle body. In operation, the hydraulic ram 35 can be extended or retracted to apply a torque to the retraction lever arm 37 which in turn applies a torque to the lower wishbone 12 to move the wheel between the protracted and retracted positions.)
wherein each axle support member supports an end portion of the wheel axle, and (see at least [0051 and Fig.2]; " the actuator 35 could be a pneumatic ram or an electrically driven ram. One end of the ram 35 is connected to the vehicle body by means of a pivot 36 whilst the other end of the ram 35 is pivotably connected to a first end of a retraction lever arm 37. A second end of the retraction lever arm 37 is connected to the lower wishbone 12 via one of the inner pivots 26 which connect the lower wishbone to the vehicle body. In operation, the hydraulic ram 35 can be extended or retracted to apply a torque to the retraction lever arm 37 which in turn applies a torque to the lower wishbone 12 to move the wheel between the protracted and retracted positions..) We can consider 37-26-25-12-16 as the “support member”, and it supports the axle (therefore we can consider that the “end” of axle).
Gibbs does not disclose a lead screw with a nut.
However, Hyeok teaches a lead screw with a nut, (see at least [0024]; ", the lead screw 140 may be installed inside the nut part 130"
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gibbs to incorporate teachings of Hyeok to use a lead screw with a nut as means to convert rotational motion to linear motion and allow for precise adjustments.
Gibbs in combination with Hyeok teach the limitation of a drive motor connected to the lead screw to rotate the lead screw for displacing the lead screw nut and thereby displacing the wheel between an extended position and a retracted position (see at least Hyeok, ¶ [0006]; According to an aspect of the present invention, a hollow motor including a stator installed inside the housing and a rotor disposed inside the stator to rotate by power transmission; A nut part installed to penetrate the rotor to rotate like the rotor and having a screw groove formed therein; A screw thread is formed at one side to be engaged with the screw groove and installed inside the nut part, and includes a lead screw linearly moved by rotation of the nut part, wherein the electromagnet is disposed at a predetermined interval around the nut part inside the housing.) (see at least Gibbs, ¶ [0051]; "The wheel suspension and retraction apparatus 20 also includes an actuator 35 for moving the wheel 3 between its protracted and retracted positions"). Therefore, the teachings of Hyeok would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used an actuator, such as a lead screw, to displace the wheel between an extended and retracted position in order to facilitate the transition of land to sea functionality.
Gibbs does not explicitly disclose wherein the lead screw is arranged tangentially to the rotational direction of the wheel between the two side faces of the wheel at a distance from the wheel axle larger than the radius of the wheel. However, Gibb’s drawings can be interpreted has having a front and back surface of the wheel, therefore teaching the two side faces. Furthermore, Gibbs teaches in paragraph 51 the wheel suspension and retraction apparatus 20 also includes an actuator 35 for moving the wheel 3 between its protracted and retracted positions. Without the “tangential” limitation being defined, the examiner can interpret the lead screw as an actuator being arranged away from the wheel in a manner that could facilitate the operation of extending and retracting of the wheel. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to involve a lead screw in this manner because it would be in a position that allows for extension and retraction of the wheel.
Regarding claim 2, Gibbs fails to disclose comprising two axle support members arranged parallel to the side faces of the wheel and two spacers connecting one end of the axle support members to the lead screw nut.
Hyeok teaches comprising two axle support members arranged parallel to the side faces of the wheel and two spacers connecting one end of the axle support members to the lead screw nut (see at least [Fig. 1]). Hyeok depicts where the wheels would be connected with an axle, and the lead screw being connected via the axle support members running parallel to the wheels.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gibbs to incorporate teachings of Hyeok to arrange the lead screw to be connected to the axle support members arranged parallel to the side faces of the wheel in order to efficiently arrange the wheel to facilitate the movement of the wheel into both extension and retraction positions.
Regarding claim 3, Gibbs teaches a rolling device in accordance with claim 1, wherein the drive motor has a first driving direction for displacement of the wheel into the retracted position, and a second driving direction for displacement of the wheel into the extended position (see at least ¶ [0014, 0045]; "[0014] Preferably, the said one of the suspension linkages and the retraction lever arm are mounted to the vehicle body for pivotal movement relative to the body about an axis and the suspension disconnect apparatus comprises means movable between a first position, in which the said one of the suspension linkages and the suspension lever arm are locked so as to pivot together about the axis, and a second position, in which the said one of the suspension linkages and the suspension lever arm are free to pivot about the axis relative to one another...A wheel-retraction apparatus is generally indicated by arrow 20.")
Regarding claim 4, Gibbs does not disclose a rolling device according to claim 1, comprising a gear arrangement arranged in engagement with the motor and the lead screw to transferring rotation from the motor to the lead screw.
Hyeok teaches a rolling device according to claim 1, comprising a gear arrangement arranged in engagement with the motor and the lead screw to transferring rotation from the motor to the lead screw (see at least ¶[006]; "According to an aspect of the present invention, a hollow motor including a stator installed inside the housing and a rotor disposed inside the stator to rotate by power transmission; A nut part installed to penetrate the rotor to rotate like the rotor and having a screw groove formed therein; A screw thread is formed at one side to be engaged with the screw groove and installed inside the nut part, and includes a lead screw linearly moved by rotation of the nut part, wherein the electromagnet is disposed at a predetermined interval around the nut part inside the housing")
Regarding claim 5, Gibbs teaches a rolling device (10) according to claim 1, where the lead screw is flexible connected to the housing. (see at least [ 0052]; "Although it is not essential to the invention, it is preferable if the actuator 35 can be operatively disconnected from the lower wishbone 12, and hence the wheel 3, when the vehicle is used on land. By disconnecting the actuator 35 in this way, the suspension system is isolated from the actuator when the vehicle is used on land and the characteristics of the suspension system can be optimised for land and in particular road use") A lead screw is a type of actuator, and being able to disconnect it can be interpreted as a flexible connection.
Regarding claim 6, Gibbs teaches A rolling device according to claim 1, wherein a second drive motor is located within the wheel for rotation of the wheel relative to the wheel axle. (see at least [0044, 0056, 003], "Various combinations of motors, transmissions and propulsion units can be assembled however, without change to the principle of the invention….The arrangement of the bearing 48 and the circlips 50, 55 serves to locate the suspension lever arm 32 and the upper wishbone 11 axially relative to one another whilst permitting relative rotational movement between the two about the axis of rotation which is indicated at 56…Normally an actuator, such a hydraulic strut or ram, will be operatively connected to one of the suspension linkages to move the wheel between the protracted and retracted positions.") Gibbs describes having combinations of motors, which can be interpreted as including a second drive motor within the wheel for rotation of the wheel relative to the wheel axle.
Regarding claim 7, Gibbs does not explicitly disclose a rolling device according to claim 1, wherein a control unit controls the rolling device and the control unit receives control signals for operation of the first and/or second drive motor from a remote control, computer, cell phone or by voice-activation. However, in Fig. 1A, a driver/user is depicted to operate the vehicle. The user operating a control unit within the vehicle for a multitude of different systems such as the radio, driving modes, etc. The driver would be engaging in the shift from wheel retraction to extension and vice versa. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gibbs to incorporate a control unit that receives control signals for operation of the first and/or second drive motor from a remote control, computer, cell phone or by voice-activation in order for the operation to be controlled and/or initiated by the user/driver.
Regarding claim 8, Gibbs teaches a rolling device according to claim 1 comprising a housing and where the fixed pivot point in is accommodated in the housing. (see at least [0047, 0054]; "The apparatus comprises a wheel support 16 having an opening or housing 21 for receiving a constant velocity (CV) joint of a drive shaft 10…The vehicle frame is provided with two housings 40 for receiving bushes 41, 42, to which an inner end 43 of one of the arms 11A of the upper wishbone 11 and the inner end 32A of the suspension lever arm 32 are respectively mounted. At least one housing 40 may be detachable from the frame 39 to facilitate assembly."
Regarding claim 9, Gibbs teaches a rolling device according to claim 8, where the housing accommodates the wheel axle, the wheel, the lead screw, the nut, the axle support member and the motor. (see at least ¶ [0043, 0046]; "Referring to the drawings, in which like numerals have been used to denote common components throughout the several embodiment: FIGS. 1A, 1B and 1C show three views of an amphibious vehicle (generally indicated by arrow 1) comprising a body 2 being a buoyant vessel, having wheels 3 (indicated by 3P for the protracted position, and 3R for the retracted position)…These shafts and linkages operate in an upper compartment 13 and a lower compartment 14 for each of the wheels. From the three views of FIG. 1 it will be understood that each wheel may process from a lower (protracted) land-support position 3P to an upper (retracted) water-borne position 3R, wherein each wheel is largely enclosed within its respective compartment 13. )
Regarding claim 10, Gibbs teaches a rolling device according to claim 8,where in the extended position at least a portion of the wheel projects outside the housing. (see at least ¶ [0046]; "These shafts and linkages operate in an upper compartment 13 and a lower compartment 14 for each of the wheels. From the three views of FIG. 1 it will be understood that each wheel may process from a lower (protracted) land-support position 3P to an upper (retracted) water-borne position 3R, wherein each wheel is largely enclosed within its respective compartment 13.") The upper portion described being largely enclosed in a house, or compartment, which eludes to the counter position being extended outside of the housing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANA VICTORIA HALL whose telephone number is (571)272-5289. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at 5712724896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANA VICTORIA HALL/ Examiner, Art Unit 3664
/RACHID BENDIDI/ Supervisory Patent Examiner, Art Unit 3664