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 § 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng (TWM583387U) in view of Kawauchi et al. (US 4,561,481; previously cited and newly applied; hereinafter “Kawauchi”).
Regarding claim 1, Zeng discloses a firm-grip rim comprising: two walls (unlabeled walls of inner frame 2 as shown in Fig. 1) extending in an annular manner (Fig. 1); an internal ring (unlabeled inner ring of inner frame 2 as shown in Fig. 1) formed between the walls (Fig. 1); an external ring 12 extending around the internal ring and comprising two lateral portions 14 connected to the walls respectively (Fig. 3); and two flanges 11 each of which extends outward from a corresponding one of the walls in a radial direction so that there is a corner 13 between it and a corresponding one of the lateral portions of the external ring (Fig. 3), wherein each of the flanges comprises an internal side formed with a grip device 20 (Figs. 1-5).
Zeng fails to disclose the grip device being positioned distal to the corner.
Kawauchi, however, teaches a firm-grip rim 3 in which the grip device 4 is positioned distal to the corner (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 firm-grip rim of Zeng by positioning its grip device distal to the corner, such as taught by Kawauchi, as a well-known alternative grip device location that would have a reasonable expectation of success in preventing slippage of a tire relative to the rim during use of the wheel.
Regarding claim 2, Zeng further discloses the grip device 20 comprises grooves (unlabeled, but clearly shown in Fig. 3) and ridges (unlabeled, but clearly shown in Fig. 3) separated from one another by the grooves (Fig. 3).
Regarding claim 3, Zeng further discloses each of the flanges is tilted from a vertical line VL toward the external ring for an angle Ɵ1 of about 2 to 6 degrees (Fig. 3; the second-to-last paragraph on page 3 of the English-language machine translation).
Regarding claim 4, Zeng further discloses each of the lateral portions of the external ring is biased from a horizontal line HL toward the corresponding one of the flanges for an angle Ɵ2 of about 2 to 6 degrees (Fig. 3; the second-to-last paragraph on page 3 of the English-language machine translation).
Regarding claim 5, Zeng further discloses there is an angle Ɵ3 of about 84 to 88 degrees between each of the lateral portions of the external ring and the corresponding one of the flanges (Fig. 3; the second-to-last paragraph on page 3 of the English-language machine translation).
Response to Arguments
Applicant’s arguments with respect to independent claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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