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 .
Election/Restrictions
Applicant’s election without traverse of species shown in Figs. 4-7 (note the requirement for restriction mailed on 26 February 2026 also grouped the embodiment shown in Fig. 8 with this species) in the reply filed on 21 April 2026 is acknowledged.
Claims 22 and 23 are withdrawn by the Examiner from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Regarding claim 22, the elected embodiment shown in Figs. 4-7 does not include “at least one fastening hole with an internal thread”.
Regarding claim 23, the elected embodiment shown in Figs. 4-7 does not include “the centre hole has an inner circle edge which is provided with a constriction as an abutment…wherein the constriction on the inner circle edge of the centre hole consists of a concentric circumferential taper with which the inner circle edge merges into the rear side of the hub connection flange, wherein the taper produces an undercut surface on the inner circle edge, which jumps back circumferentially on the rear side at least 4 mm with respect to the inner diameter of the inner circle.
Drawings
The drawings are objected to because of the following informalities:
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 122 (Figs. 4 and 6), 159 (Fig. 4) and 168 (Fig. 6).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in paragraphs [00040] and [00043] of the description: 153.
The lead line for reference character 129 is directed to the hub connection flange instead of the front side of the hub connection flange as described in the specification.
A reference character is needed to designate the claimed “reversibly bendable retaining lip” set forth in claim 30 for a better understanding of Applicant’s claimed invention.
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 “cover body is provided with flow guide bodies on the outer circumference that are designed to reduce air turbulence” as set forth in claim 31 and “the cover main body is provided on the outer circumference with a ring-shaped peripheral web with air duct slots” as set forth in claim 32 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.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [00042], the term “latch pins 180” should be replaced with the term -- lock pins 180 -- to be consistent with the remainder of the specification.
In paragraph [00042], the term “partial elements 181, 102” should be replaced with the term -- partial elements 181, 182 -- to be consistent with the remainder of the specification.
In paragraph [00043], the term “locking projections 180” should be replaced with the term -- locking pins 180 -- to be consistent with the remainder of the specification.
In paragraph [00043], the description of reference character being “blind hole depressions” should be corrected inasmuch as the drawings clearly do not show the hole depression having a closed end as would be required by a “blind hole”. As best understood, the hole represented by reference character 158 in the drawings (note Fig. 7) would be considered a counterbore hole.
Appropriate correction is required.
Claim Interpretation
5. 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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Specifically, regarding claim 28, the “actuating means for pushing the at least two parts of the locking pin apart” is considered to be “metal pin 185” (note paragraph [00042]).
Claim Rejections - 35 USC § 112
8. 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 19-21 and 24-32 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 19 and 27, these claims are generally narrative (e.g., note the use of the phase “as well as” in both of these claims) and indefinite, failing to conform with current U.S. practice.
Regarding claim 24, there is insufficient antecedent basis for “the inside”.
Regarding claims 25-32, each of these claims is indefinite inasmuch as each claim directly or indirectly depends from cancelled claim 1. For purposes of this examination, claim 25 will be treated as if it depends from claim 19 instead of claim 1.
Regarding claim 25, the limitation “at least one retaining means” renders the claim indefinite because it is unclear whether “at least one retaining means” refers to “a detachable retaining means” previously set forth in independent claim 19 or if it is distinct therefrom as implied by the claim construction.
Regarding claim 25, the limitation “a fastening device” renders the claim indefinite because it is unclear whether “a fastening device” refers to “a fastening device” previously set forth in independent claim 19 or if it is distinct therefrom as implied by the claim construction.
Regarding claim 25, the limitation “a fastening hole” renders the claim indefinite because it is unclear whether “a fastening hole” refers to “several fastening holes” previously set forth in independent claim 19 or if it is distinct therefrom as implied by the claim construction.
Regarding claim 27, there is insufficient antecedent basis for “the wheel bolt screws”.
Regarding claim 28, the limitation “a bolt circle” renders the claim indefinite because it is unclear whether “a bolt circle” refers to “a bolt circle” previously set forth in independent claim 19 or if it is distinct therefrom as implied by the claim construction.
Regarding claim 32, there is insufficient antecedent basis for “the cover ring”.
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.
Claims 19-21 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Vogt et al. (US 2022/0134802 A1; hereinafter “Vogt”) in view of Chatterton (GB 629,134 A).
Regarding claim 19, Vogt discloses a vehicle wheel 1, having a metal rim (paragraph [0039]) with an outer rim flange (unlabeled, but shown in Fig. 2), an outer rim shoulder (unlabeled, but shown in Fig. 2) as well as a rim well base 5, having a metal wheel disc (disc best shown in Fig. 2 comprising spokes 3, 3.1 and hub connection flange at 4) arranged inside the rim and connected to the rim (Fig. 2), the disc has a hub connection flange at 4 with a centre hole (unlabeled, but evident from Figs. 1 and 2) and a plurality of bolt holes (unlabeled, but evident from Figs. 1 and 2) arranged on a bolt circle (evident from Figs. 1 and 2) around a wheel axle (implicit from Figs. 1 and 2), a transition area (at spokes 3, 3.1) and a disc edge (unlabeled radially outer edge of spokes connected to the rim),wherein the hub connection flange, the transition area, the outer rim flange and the outer rim shoulder form a front side of the vehicle wheel (Figs. 1 and 2), and having a fastening device (Figs. 7-10) for an aerodynamic wheel disc cover 6.1 (Figs. 7 and 10), wherein the fastening device comprises several fastening holes B4, B5, wherein the fastening holes are arranged in the hub connection flange (note location of B3 in Fig. 2, the modified fastening holes at B4, B5 can also be positioned in this location at B3 in the hub connection flange as evident from paragraphs [0048] and [0040]) and the transition area is provided with ventilation holes 2, wherein at least one fastening hole consists of a through hole with a hole axis (labeled in reproduced and annotated Fig. 10 below), is formed symmetrical to the hole axis, has a diameter (“smaller diameter” shown in reproduced and annotated Fig. 10 below) on the front side of the wheel being smaller than a diameter (“larger diameter” shown in reproduced and annotated Fig. 10 below) on a rear side of the hub connection flange and forms an abutment (portion of hub connection flange abutted by locking projection 17.1 as evident from Fig. 10) for a detachable retaining means (comprised of 8.1 and 9.1) acting by form fit (Fig. 10).
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Although Vogt discloses a rim well base 5 as noted above, Vogt fails to expressly disclose the vehicle wheel having an inner rim flange, an inner rim shoulder, and the rim well base between the rim shoulders.
Chatterton, however, teaches a vehicle wheel with an inner rim flange (unlabeled inner or inboard rim flange shown in Fig. 3) and an outer rim flange (outer or outboard rim flange comprised of 24 and 14 in Fig. 3), an inner rim shoulder (unlabeled inner or inboard shoulder or bead seat shown in Fig. 3) and an outer rim shoulder (unlabeled outer or outboard shoulder or bead seat shown in Fig. 3) as well as a rim well base at 1 between the rim shoulders (Fig. 3).
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 vehicle wheel of Vogt so that it includes an inner rim flange, an inner rim shoulder, and the rim well base between the rim shoulders, such as taught by Chatterton, as a well-known wheel rim construction that would have a reasonable expectation of success for allowing a tire to be seated thereon.
Regarding claim 20, Vogt further discloses the fastening holes (considered to be the fastening holes positioned at B3 in the hub connection flange for each of the inserts 6, 6.1) are arranged symmetrically on a hole circle around the wheel axle for the aerodynamic wheel disc cover (evident from Fig. 2), and at least one fastening hole widens, from the front side of the vehicle wheel to the rear side of the hub connection flange (Fig. 10).
Regarding claim 21, Vogt further discloses at least one fastening hole has a step (labeled in reproduced and annotated Fig. 10 above) between the front side of the vehicle wheel and the rear side of the hub connection flange and forms a retaining projection (labeled in reproduced and annotated Fig. 10 above) for the retaining means with an undercut provided by the step (Fig. 10).
Regarding claim 24, Vogt fails to discloses the outer rim flange has an arcuately curved locking lip on the inside as an abutment for a locking projection or several locking projections on the outer circumference of the aerodynamic wheel disc cover, wherein each locking projection has at least one bead for edging into the locking lip.
Chatterton, however, further teaches a vehicle wheel wherein the outer rim flange has an arcuately curved locking lip at 27 on the inside as an abutment for a locking projection at 26 or several locking projections on the outer circumference of the aerodynamic wheel disc cover (Fig. 3), wherein each locking projection has at least one bead 28 for edging into the locking lip (Fig. 3).
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 vehicle wheel of Vogt so that the outer rim flange has an arcuately curved locking lip on the inside as an abutment for a locking projection or several locking projections on the outer circumference of the aerodynamic wheel disc cover, wherein each locking projection has at least one bead for edging into the locking lip, such as taught by Chatterton, as a well-known wheel disc cover securing arrangement that would have a reasonable expectation of success in helping secure the radially outer end of the wheel disc cover in a desired position.
Claims 25-28, as best understood in light of the section 112 issues noted above, are rejected under 35 U.S.C. 103 as being unpatentable over Vogt in view of Chatterton, as applied to claim 19 above, and further in view of Dominguez et al. (US 2016/0243891 A1; hereinafter “Dominguez”).
Regarding claim 25, although Vogt further discloses an aerodynamic wheel disc cover 6.1 for a vehicle wheel 1, with a cover main body for covering the front side of the vehicle wheel between the centre hole and the outer rim flange (note at least Figs. 1 and 2), and with at least one retaining means (comprised of 8.1 and 9.1) interacting with a fastening device (comprised of fastening holes B4, B5, wherein the fastening holes are arranged in the hub connection flange as noted by the location of B3 in Fig. 2, the modified fastening holes at B4, B5 can also be positioned in this location at B3 in the hub connection flange as evident from paragraphs [0048] and [0040]) on the vehicle wheel, wherein the retaining means is acting by form fit (Fig. 10), which is designed to engage in or behind a fastening hole B4 that widens towards the rear side of the hub connection flange (Fig. 10), Vogt fails to disclose the cover main body being annular.
Dominguez, however, teaches an aerodynamic wheel disc cover wherein the wheel disc cover 1 can either be in the form of a cover main body that covers a portion of the front face of the wheel (Fig. 1) or be in the form of an annular cover main body that completely covers the entire front face of the wheel (paragraph [0028]).
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 aerodynamic wheel disc cover of Vogt, as modified by Chatterton, so that the cover main body is annular, such as taught by Dominguez, as a well-known alternative configuration that would have a reasonable expectation of success in providing a desired aesthetic while also providing improved aerodynamic properties for the wheel.
Regarding claim 26, Vogt fails to discloses the outer rim flange has an arcuately curved locking lip on the inside as an abutment for a locking projection or several locking projections on the outer circumference of the aerodynamic wheel disc cover, wherein each locking projection has at least one bead for edging into the locking lip.
Chatterton, however, further teaches a vehicle wheel wherein the outer rim flange has an arcuately curved locking lip at 27 on the inside as an abutment for a locking projection at 26 or several locking projections on the outer circumference of the aerodynamic wheel disc cover (Fig. 3), wherein each locking projection has at least one bead 28 for edging into the locking lip (Fig. 3).
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 vehicle wheel of Vogt so that the outer rim flange has an arcuately curved locking lip on the inside as an abutment for a locking projection or several locking projections on the outer circumference of the aerodynamic wheel disc cover, wherein each locking projection has at least one bead for edging into the locking lip, such as taught by Chatterton, as a well-known wheel disc cover securing arrangement that would have a reasonable expectation of success in helping secure the radially outer end of the wheel disc cover in a desired position.
Regarding claim 27, the modification of the aerodynamic wheel disc cover of Vogt so that it completely covers the entire front face of the wheel, such as taught by Dominguez, would implicitly result in the cover main body being designed and dimensioned to cover all bolt holes as well as the wheel bolt screws screwed into the bolt holes.
Regarding claim 28, Vogt further discloses the cover main body has several locking pins (considered to be the locking pins comprised of 8.1 and 9.1 that are positioned at each B3 in the hub connection flange) on an underside thereof, which pins are arranged symmetrically on a bolt circle (evident from Fig. 2) and which are provided with a hook projection at 10.1 at a lower pin end thereof (Figs. 8 and 10), wherein each locking pin is designed at least in two parts (“half-shells” as described in paragraph [0048] and shown in Fig. 8) and the at least two parts of the locking pin are pushable apart and/or are pushed together in a radial direction with respect to an initial state (evident from Fig. 10 and paragraph [0051]), and each locking pin is provided with a centre hole (unlabeled hole in Fig. 10 that receives securing pin 22) for an actuating means 22 for pushing the at least two parts of the locking pin apart (evident from Fig. 10 and paragraph [0051]).
Claim 31, as best understood in light of the section 112 issues noted above, is rejected under 35 U.S.C. 103 as being unpatentable over Vogt in view of Chatterton and Dominguez, as applied to claims 19 and 25 above, and further in view of Kubota et al. (US 2013/0076108 A1; hereinafter “Kubota”).
Vogt, as modified by Chatterton and Dominguez, fails to expressly disclose the cover main body is provided with flow guide bodies on the outer circumference that are designed to reduce air turbulence.
Kubota, however, teaches an aerodynamic wheel disc cover 114 with a cover main body 114 provided with flow guide bodies 120 on the outer circumference (note Fig. 2) that are designed to reduce air turbulence (paragraph [0091]).
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 aerodynamic wheel disc cover of Vogt, as modified by Chatterton and Dominguez, so that the cover main body is provided with flow guide bodies on the outer circumference that are designed to reduce air turbulence, such as taught by Kubota, with a reasonable expectation of success in improving the aerodynamic properties of the wheel disc cover.
Allowable Subject Matter
Claims 29, 30 and 32 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.
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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
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