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 8 shown in Figs. 11 and 12 in the reply filed on 13 May 2026 is acknowledged.
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)(4) because reference character “4c” has been used to designate both what appears to be the “rim outer end portion” in Fig. 3 and the “protruding portion” in Fig. 4.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "6" and "32" have both been used to designate the same part in the cross-sectional view of Fig. 4, 9, 10 and 11. As best understood, an air hole 6 and a spoke 32 are considered to be different parts.
Each distinct part, including modified parts, should be labeled with a distinct reference character to be in compliance with 37 CFR 1.84(p)(4). Note at least the following informalities where the same reference character has been improperly used to represent distinct (i.e., modified) parts:
The parts represented by reference characters 1, 10, 12 and 13 in the embodiment shown in Fig. 5 are distinct from the parts represented by these same reference characters in at least the embodiment shown in Figs. 1-4.
The parts represented by reference characters 6, 10, 11, 12 and 13 in the embodiment shown in Fig. 6 are distinct from the parts represented by these same reference characters in at least the embodiment shown in Figs. 1-4.
The parts represented by reference characters 6, 10, 11, 12 and 13 in the embodiment shown in Fig. 7 are distinct from the parts represented by these same reference characters in at least the embodiment shown in Figs. 1-4.
The parts represented by reference characters 1, 10, 11, 12 and 13 in the embodiment shown in Fig. 8 are distinct from the parts represented by these same reference characters in at least the embodiment shown in Figs. 1-4.
The parts represented by reference characters 4, 6, 9, 10, 11, 12, 13 and 32 in the embodiment shown in Fig. 9 are distinct from the parts represented by these same reference characters in at least the embodiment shown in Figs. 1-4.
The parts represented by reference characters 4, 6, 9, 10, 11, 12, 13, 32, 33 and 33z in the embodiment shown in Fig. 10 are distinct from the parts represented by these same reference characters in at least the embodiment shown in Fig. 9.
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.
Claim Rejections - 35 USC § 112
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.
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 1-8 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 1-8, the preamble “vehicle wheel” in each of these claims renders the claims indefinite because the claims include a number of limitations directed to non-wheel structure (e.g., “a well portion” per claims 1 and 5, “a cap” per claims 3 and 7, and “a ring-shaped auxiliary cap” per claims 4 and 8). The Examiner suggests replacing “vehicle wheel” in the preamble with -- vehicle wheel assembly --.
Regarding claim 1, the limitation “a facing portion provided so as to be spaced apart in the axially outward direction from a portion of the rim inner peripheral end that overlaps the air hole in the axial direction” renders the claim indefinite because it is unclear from this limitation whether the “facing portion” is required to overlap the air hole in the axial direction or if the “portion of the rim inner peripheral end” is required to overlap the air hole in the axial direction.
Regarding claims 1 and 5, the limitation “the air hole” in both claims renders the claims indefinite because it is unclear whether “the air hole” refers to all of the air holes in the previously recited “a plurality of air holes” or if “the air hole” refers to a respective “air hole” of the previously recited “a plurality of air holes”.
Claim Rejections – 35 USC § 102
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 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.
Claims 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inatani et al. (JP 2018020591 A; hereinafter “Inatani”; previously cited by Applicant).
Regarding claim 1, Inatani discloses a vehicle wheel 1 comprising: a cylindrical rim 2; a disk 3 including a central connection portion at 31 connected to a vehicle body (Figs. 1 and 2), and a plurality of spokes 32 arranged to connect the rim and the central connection portion (Figs. 1 and 2); and a wall portion 5 disposed so as to partially close a plurality of air holes (unlabeled holes provided between adjacent spokes shown in Fig. 1) provided between the spokes (Fig. 1), wherein when a radial direction of the rim is defined as a radial direction, a direction parallel to a rotation axis of the rim is defined as an axial direction, a direction away from a vehicle body center line in the axial direction is defined as an axially outward direction, and a direction toward the vehicle body center line in the axial direction is defined as an axially inward direction, the rim includes a cylindrical rim body 10, a ring-shaped spoke connection portion (unlabeled, but clearly shown in Fig. 2) extending axially outward and radially outward from an axially outer end portion of the rim body (Fig. 2), the spokes being connected to the spoke connection portion (Fig. 2), a ring-shaped outer rim flange 21 connected to an axially outer end portion of the spoke connection portion (Fig. 2), and a ring-shaped inner rim flange 22 connected to an axially inner end portion of the rim body for holding a tire together with the outer rim flange (Fig. 2), and when a portion composed of a body outer end that is an axially outer end of the rim body and a portion axially outward of the body outer end of the rim is defined as a rim outer end portion (unlabeled, but shown in Fig. 2), and a ring-shaped portion located on the radially innermost side of an inner peripheral surface of the rim outer end portion is defined as a rim inner peripheral end (Fig. 2), the wall portion includes a facing portion (radially inner portion of 5) provided so as to be spaced apart in the axially outward direction from a portion of the rim inner peripheral end that overlaps the air hole in the axial direction (evident from Fig. 1), the facing portion provided to face the portion in the axial direction (evident from Fig. 1), so as to serve as a wall with respect to air flowing axially outward along an inner peripheral surface of the rim body (Figs. 1 and 2), and an outer peripheral portion (radially outer portion of 5) extending radially outward from the facing portion and defining at least a part of one or more openings 12 communicating an inside and an outside of the wall portion in the axial direction (Fig. 2), so as to provide the one or more openings radially outward from the rim inner peripheral end (Fig. 2).
Regarding claim 2, Inatani further discloses the openings are defined by the outer peripheral portion and the rim (Fig. 2), or the outer peripheral portion, the rim, and the spokes.
Regarding claim 3, Inatani further discloses a cap 5 attached to at least one of the rim and the disk, wherein the wall portion is constituted by at least a part of the cap (Figs. 1 and 2).
Regarding claim 5, Inatani discloses a vehicle wheel 1 comprising: a cylindrical rim 2; a disk 3 including a central connection portion at 31 connected to a vehicle body (Figs. 1 and 2), a ring-shaped connection portion (unlabeled, but clearly shown in Fig. 2) connected to the rim, and a plurality of spokes 32 arranged to connect the central connection portion and the connection portion (Figs. 1 and 2); and a wall portion 5 disposed so as to partially close a plurality of air holes (unlabeled holes provided between adjacent spokes shown in Fig. 1) provided between the spokes (Fig. 1), wherein when a radial direction of the rim is defined as a radial direction, a direction parallel to a rotation axis of the rim is defined as an axial direction, a direction away from a vehicle body center line in the axial direction is defined as an axially outward direction, a direction toward the vehicle body center line in the axial direction is defined as an axially inward direction, and a ring-shaped portion (unlabeled, but clearly shown in Fig. 2) located on the radially innermost side of the inner peripheral surface of the connection portion is defined as an inner peripheral end (Fig. 2), the wall portion includes a facing portion (radially inner portion of 5) provided so as to be spaced apart in the axially outer direction from the inner peripheral end defining a part of the air hole (Figs. 1 and 2), the facing portion provided to face the inner peripheral end in the axial direction (Fig. 2), so as to serve as a wall with respect to air flowing axially outward along the inner peripheral surface of the connection portion (Fig. 2), and an outer peripheral portion (radially outer portion of 5) extending radially outward from the facing portion and defining at least a part of one or more openings 12 communicating an inside and an outside of the wall portion in the axial direction (Fig. 2), so as to provide the one or more openings radially outward from the inner peripheral end (Fig. 2).
Regarding claim 6, Inatani further discloses the openings are defined by the outer peripheral portion and the rim (Fig. 2), or the outer peripheral portion, the rim, and the spokes.
Regarding claim 7, further discloses a cap 5 attached to at least one of the rim and the disk, wherein the wall portion is constituted by at least a part of the cap (Figs. 1 and 2).
Allowable Subject Matter
Claims 4 and 8 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, JP 3351344 B2 discloses a vehicle wheel that includes a wall portion in the form of a cap 1 that includes a facing portion that overlaps air holes 22 and an outer peripheral portion defining at least a part of one or more openings 19.
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.
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, 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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