Prosecution Insights
Last updated: April 19, 2026
Application No. 18/310,274

AIRCRAFT WHEEL AND BRAKE ASSEMBLY

Non-Final OA §102§103
Filed
May 01, 2023
Examiner
COMINO, EVA L
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Boom Technology Inc.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
76 granted / 111 resolved
+16.5% vs TC avg
Strong +37% interview lift
Without
With
+36.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
41 currently pending
Career history
152
Total Applications
across all art units

Statute-Specific Performance

§103
43.1%
+3.1% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 111 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-3164223-A to Kemp (“Kemp”). Regarding Claim 1, Kemp discloses a brake and wheel assembly (Col 1, line 1, Fig 1-7), including: a bogie (“multi wheeled truck/bogie, Col 1 line 2, Fig 1-3), including: a central support member (11 “central beam”); and an axle (12,13 “front, rear housing”, joined to 11) extending outward from (Fig 1-2) the central support member, the axle including a cylindrical outer wall (middle portion where 22 a,b reside, Fig 4) and an end wall (39 “spider” Fig 4)) aligned with (Fig 4) the central support member, at an (Fig 4) inboard end portion of the cylindrical outer wall, the cylindrical outer wall and the end wall defining an interior space (34 “wide center portion” of 13, Col 2 lines 62-63, Fig 4); a brake assembly (22a, 22b, “brake cartridge” with 40 “outer cylindrical shell”, 47 “rotors” and 47 “stators” and lugs 44, 49) installed in the interior space, and accessible via an opening (20a, 20b “large access opening, Col 2 lines 26-37, Col 4 lines 39-49, Fig 1, 3) at an outboard end portion of the cylindrical outer wall; and a wheel assembly (15a, 15b, Fig 1-3, 6) installed on an outer peripheral portion of the axle. Regarding Claim 2, Kemp discloses the brake and wheel assembly of claim 1, wherein the brake assembly includes: a rotor and stator assembly (40 in 22a, 22b , Fig 4); and a rotor cage (40 “outer cylindrical shell”), including: a body portion (stack of alternating 47 “rotable lining carriers” [i.e. Rotors] and 46 “non-rotable disks” [i.e. Stators] ) positioned between (Fig 4) an outer peripheral portion (44 “axial torque lugs”, Col 3 lines 12-17, Fig 4) of the rotor and stator assembly and an inner peripheral portion (center portion of 13 with space 34, Fig 5) of the axle; and a flange portion (inboard 54, 55 “projecting lugs” on 40 Fig 4) at an outboard end portion of the body portion and configured to be fixed to (indirectly via 38 to 39 to 33 to rim 30 and 32),a rim (32 and 30, Fig 4) of the wheel assembly such that the rotor cage (40) rotates together with (Col 3 lines 44-64) the wheel assembly (15a,b). Regarding Claim 3, Kemp discloses the brake and wheel assembly of claim 2, wherein the rotor and stator assembly includes: a plurality of rotors (47 in 49) arranged on a carrier (41 with 48 slots ); and a plurality of stators (46) alternately arranged on the carrier (41 with 48 slots) with the plurality of rotors, wherein outer peripheral portions of the plurality of rotors are configured to engage (Fig 4) the body portion of the rotor cage such that the plurality of rotors (47) rotate together with the rotor cage and the wheel assembly (Col 3 lines 44-64). Regarding Claim 4, Kemp discloses the brake and wheel assembly of claim 3, wherein the carrier (41) is mounted (via 68 “splines”, Fig 5) on a mounting rod (38 “axle rod”) that is fixed to the end wall of the axle (Fig 4, Col 3 lines 3-10), and inner peripheral portions of the plurality of stators are engaged with the carrier, such that the plurality of stators remain stationary (Col 3 lines 59-64) with the carrier. Regarding Claim 5, Kemp discloses the brake and wheel assembly of claim 1, wherein the brake assembly extends from the inboard end portion to the outboard end portion of the cylindrical outer wall defining the interior space in the axle (shown Fig 4). Regarding Claim 6, Kemp discloses the brake and wheel assembly of claim 1, wherein the wheel assembly includes: a rim assembly (30,32); a tire (14a, 14b, 145a, 15b) coupled to (Fig 1-3) an outer peripheral portion of the rim assembly; and a first bearing (27) and a second bearing (28) installed between an inner peripheral portion of the rim assembly and an outer peripheral portion of the cylindrical outer wall of the axle (as shown Fig 4). Regarding Claim 7, Kemp discloses the brake and wheel assembly of claim 6, wherein the first bearing is positioned corresponding to an inboard end portion (30 inboard rim) of the rim assembly, and the second bearing is positioned corresponding to an outboard end portion (32 outboard rim) of the rim assembly. Regarding Claim 8, Kemp discloses the brake and wheel assembly of claim 6, wherein the rim assembly includes: a first rim portion (30); a second rim portion (32); and a fastening ring (inner radial flanges of inner rim 30 and outer rim 32 with holes) positioned at an overlap portion (Fig 4) between the first rim portion and the second rim portion. Regarding Claim 9, Kemp discloses the brake and wheel assembly of claim 8, further comprising: a slot (radially outer corner in 30) formed in the second rim portion; and an arm (radially outer arm in 32) formed on the second rim portion and configured to (fig 4) be slidably received in the slot formed in the second rim portion so as to circumferentially align (Fig 4) the first rim portion and the second rim portion. Claim(s) 1, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-8037971-B2 to Chico (“Chico”). Regarding Claim 1, Chico discloses a brake and wheel assembly (4, Fig 1), including: a bogie (“airplane landing gear” with 1” strut” with 2 “rod” that slides in 2, and carries 3 “axle” having a wheel with 6 rim on each side of axle, Col 3 lines 56-67 Figs 1-3), including: a central support member; and an axle (12 “axle” with integral/connected 12 “torque take-up tube”), extending outward from the central support member, the axle including a cylindrical outer wall (12 “torque take-up tube” ), and an end wall (13 “stationary end wall”), aligned with the central support member, at an inboard end (Fig 1) portion of the cylindrical outer wall, the cylindrical outer wall and the end wall defining an interior space (defined by 12 and 13, Fig 1); a brake assembly (8 “stack of discs” including 8.1 “rotor discs” and 8.2 “stator discs” installed in the interior space, and accessible via an opening at an outboard end (Fig 1) portion of the cylindrical outer wall; and a wheel assembly ( Col 3 lines 65-67 with rim: 6, 106, 206, Fig 1-3) installed on an outer peripheral portion of the axle. Regarding Claim 15, Chico discloses the brake and wheel assembly of claim 1, wherein the end wall is positioned in the interior space defined by the cylindrical outer wall such that the end wall separates the interior space into a first interior space (described in previous paragraph) defining a first axle portion (described in previous paragraph) at a first side (shown right of Fig 1,2 3) of the end wall, and a second interior space (not shown, implicitly defined by left side of bogie/wheel/brake having same structure of 12, 14, implied by bogie with double sided axle for a left and right wheel thereon, left side Fig 1-3) defining a second axle (left side of 12) portion at a second side (left ) of the end wall. Regarding Claim 16, Chico discloses the brake and wheel assembly of claim 15, wherein the first axle portion is configured to receive a first brake assembly in the first interior space, and a first wheel assembly mounted on a first portion of the cylindrical outer wall corresponding to the first axle portion; and the second axle portion is configured to receive a second brake assembly in the second interior space, and a second wheel assembly mounted on a second portion of the cylindrical outer wall corresponding to the second axle portion (as described in paragraph 14 and 15 of this document). 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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kemp as applied to claim 8 above, and further in view of US-9114874-B1 to Danto (“Danto”). Regarding Claim 13, Kemp discloses the brake and wheel assembly of claim 8, but does not disclose wherein the wheel assembly includes a hub fan coupled to an outboard end portion of the rim assembly, wherein the hub fan is configured to draw external air into the interior space formed in the axle and across the brake assembly for discharge through openings formed in an inboard end portion of the cylindrical outer wall of the axle. Danto discloses an airplane wheel and tire assembly (10), wherein the wheel assembly includes a hub fan (32 “dome shaped hubcap” with a plurality of 54 holes and 66 vanes on the inside surface, Col 3, lines 41-Col 4 line 14, Fig 1-2, 7-9) coupled to an outboard end portion of the rim assembly, wherein the hub fan is configured to draw external air into the interior space formed in the axle and across the brake assembly for discharge through openings formed in an inboard end portion of the cylindrical outer wall of the axle (Col 3 lines 57-65, Fig 9). The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake and wheel assembly and the hub fan 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 brake and wheel assembly of Kemp and the teaching of the hub fan of Danto, to modify the brake and wheel assembly of Kemp, such that includes a hub fan (like Danto) attached to the outboard side of wheel with the motivation to improve airflow, aerodynamics, performance and safety and to promote cooling of the brake assembly structure (Col 2 lines 3-4, Col 3 lines 57-65), having an expectation of equivalent function and a reasonable expectation of success. Allowable Subject Matter Claims 10-12, 14, 17-20 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. The following is an examiner’s statement of reasons for allowance: the prior art fails to disclose, teach or make obvious the following limits of Claims: 10, 11, 12, 14, 17, 18, 19, and 20 Regarding Claim 10, the primary references applied do not teach a structure analogous to: the brake and wheel assembly of claim 9, wherein the overlap portion of the first rim portion and the second rim portion is formed at a position wherein the arm of the first rim portion is inserted into the slot of the second rim portion, and wherein the fastening ring is positioned on an outer circumferential surface of the second rim portion, at a position corresponding to the overlap portion. Regarding Claim 11, the primary references applied do not teach a structure analogous to: the brake and wheel assembly of claim 10, wherein the fastening ring includes: a band having a contour that corresponds to an outer circumferential surface of the second rim portion at a position corresponding to the overlap portion; and a plurality of threaded openings arranged circumferentially along the band. Regarding Claim 12, the primary references applied do not teach a structure analogous to: the brake and wheel assembly of claim 11, further comprising: a first plurality of openings formed in the first rim portion, at positions corresponding to the plurality of threaded openings of the fastening ring; a second plurality of openings formed in the second rim portion, at positions corresponding to the first plurality of openings and the plurality of threaded openings; and a plurality of fasteners extending through the first plurality of openings, the second plurality of openings, and into the plurality of threaded openings formed in the band of the fastening ring to fixedly couple the first rim portion and the second rim portion of the rim assembly. Regarding Claim 14, the primary references applied do not teach a structure analogous to: the brake and wheel assembly of claim 1, further comprising a torque attenuation device, including: a torque bracket having a first end portion thereof coupled to an inboard end portion of a mounting rod fixed to the end wall of the axle; and a torque rod having a first end portion thereof coupled to a second end portion of the torque bracket, and a second end portion thereof configured to be coupled to a shock absorbing strut of an aircraft landing gear. Regarding Claim 17, the primary references applied do not teach a structure analogous to: a wheel assembly, including: a rim assembly configured to be mounted on an axle portion of an aircraft landing gear assembly; and a tire coupled to an outer peripheral portion of the rim assembly, wherein the rim assembly includes: a first rim portion; a second rim portion; a slot formed in one of the first rim portion or the second rim portion; an arm formed on the other of the first rim portion or the second rim portion and configured to be slidably received in the slot to circumferentially align the first rim portion and the second rim portion; and a fastening ring positioned on an outer circumferential surface of the rim assembly, at an overlap portion between the first rim portion and the second rim portion, where the arm is received in the slot. Regarding Claim 18, the primary references applied do not teach a structure analogous to: the wheel assembly of claim 17, wherein the fastening ring includes: a band having a contour that corresponds to the outer circumferential surface of the rim assembly at a position corresponding to the overlap portion; and a plurality of threaded openings arranged circumferentially along the band. Regarding Claim 19, the primary references applied do not teach a structure analogous to: the wheel assembly of claim 18, further comprising: a first plurality of openings formed in the first rim portion, at positions corresponding to the plurality of threaded openings of the fastening ring; a second plurality of openings formed in the second rim portion, at positions corresponding to the first plurality of openings and the plurality of threaded openings; and a plurality of fasteners extending through the first plurality of openings, the second plurality of openings, and into the plurality of threaded openings formed in the band of the fastening ring to fixedly couple the first rim portion and the second rim portion of the rim assembly. Regarding Claim 20, the primary references applied do not teach a structure analogous to: the wheel assembly of claim 17, wherein the rim assembly is configured to be mounted on the axle portion of the aircraft landing gear assembly such that a brake assembly installed in the axle portion is removable from an outboard side of the wheel assembly mounted on the axle portion. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Westcott (US-314458-A), Albright (US-2925889-A), Nagaraja (US20220042565-A1), Ke (US-20220135008-A1), Schmidt (US-20180304999-A1), Hrusch (US-5806794-A), Deyerling (US-3156321-A), Albright (US-3156321-A), Thys (US-20180303999-A1), and Thompson (US-4296897-A) disclose airplane landing gear having one or more of: bogies wheels with split rims connected with mounting rings, brake assemblies, and torque attenuating devices. 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. 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, Joe 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EVA L COMINO/Examiner, Art Unit 3615 /S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
Read full office action

Prosecution Timeline

May 01, 2023
Application Filed
Jan 07, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+36.7%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 111 resolved cases by this examiner. Grant probability derived from career allow rate.

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