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)1-2, 5, 7, 9, 10, 11, 14, 15 ,16-17 and 19- 20 is/are rejected under 35 U.S.C.
102(a)(2) as being by anticipated by US-2978277 to Gaudry (“Gaudry”).
Regarding Claim 1, Gaudry discloses a wheel assembly (Col 1 line 46, Fig 1), comprising: a wheel hub (18 including 22 and 24 “two separate sections”, Col 1 lines 54-55); an axle shaft (20 with rod/shaft at one end [inward]) fixedly secured to the wheel hub at a proximal end (affixed to 38 spherical head of 20, Col 1 lines 65-66; Col 3, lines 23-25, Fig 4) thereof and having a circumferential groove (40, Col 1 lines 66-68, Fig 4) defined therein; a wheel rim (that receives 16 “rolling surface”, between 22 of 26 and 32 of 18, Col 1 lines 46-49, 56-59, Fig 4) radially spaced apart from and concentric with (Fig 4) the wheel hub; and a locking device (50 washer, Col 2 lines 13-17, Col 3 lines 27-28, Fig 4) having an engagement end (inner radial surface) that is radially received within (Col 2, lines 13-17) the circumferential groove of the axle shaft for inhibiting axial movement of the axle shaft and thereby inhibiting axial movement of the wheel hub (Col 2, lines 13-17, Fig 4).
Regarding Claim 2, Gaudry discloses the wheel assembly of claim 1 wherein the circumferential groove is defined in the axle shaft adjacent a distal end (opposite end with 38 head, Col 1, lines 64-68, Fig 4) of the axle shaft.
Regarding Claim 5, Gaudry discloses the wheel assembly of claim 1 further including at least one annular bearing (48 journal/bearing, Col 2 lines 11-12, Fig 4) annularly disposed on the axle shaft.
Regarding Claim 7, Gaudry discloses the wheel assembly of claim 1 further including a carrier body (44 “chassis” Col 2, lines 7-14, Fig 4) defining an axle bore (hole receiving 20 axle in 48 journal/bearing portion of 44 chassis, Fig 4) in a sidewall thereof (Fig 4) into which the axle shaft is receivable.
Regarding Claim 9, Gaudry discloses the wheel assembly of claim 7 wherein the axle shaft is a short axle shaft extending only partially into the axle bore of the carrier body.
Regarding Claim 10, Gaudry discloses the wheel assembly of claim 7 further including an upright handle member extending upward from the carrier body for manual manipulation of the carrier body.
Regarding Claim 11, Gaudry discloses the wheel assembly of claim 1 wherein the wheel hub and the axle shaft are, respectively, a first wheel hub and a first axle shaft, wherein the wheel assembly further includes a second wheel hub and a second axle shaft fixedly secured to the second wheel hub at a proximal end thereof and having a second axle circumferential groove defined therein, wherein the first and second axle shafts are coaxial and axially spaced apart from one another.
Regarding Claim 14, Gaudry discloses a removable wheel assembly (Col 1 line 46, Fig 1, removable since axle and washers are last installed parts, thus implicitly removable, Col 3 lines 23-29) for a carrier body (44 “chassis” having portions: 48 journal/bearing and 46 depending flange ), comprising: a wheel hub (18 including 22 and 24 “two separate sections”, Col 1 lines 54-55) having a wheel rim (that receives 16 “rolling surface”, between 22 of 26 and 32 of 18, having a 16 ”rolling surface” [i.e. tire] Col 1 lines 46-49, 56-59, Fig 4) radially disposed thereabout; a short axle shaft (20 with rod/shaft at one end [inward]) fixedly secured (affixed to 38 spherical head of 20, Col 1 lines 65-66; Col 3, lines 23-25, Fig 4) to the wheel hub, the short axle shaft defining a circumferential groove (40, Col 1 lines 66-68, Fig 4) that is spaced apart from (Fig 4) the wheel hub; and a locking device (50washer, Col 2 lines 13-17, Col 3 lines 27-28, Fig 4) having an engagement end (inner radial surface) radially receivable in the circumferential groove (Col 2, lines 13-17) of the short axle shaft for locking (Col 3 lines 27-28) the short axle shaft within an axle bore (hole receiving 20 axle in 48 journal/bearing portion of 44 chassis, Fig 4) of the carrier body
Regarding Claim 15, Gaudry discloses the removable wheel assembly of claim 14 wherein the axle bore (hole receiving 20 axle, Fig 4) extends only partially into the carrier body (Fig 4 shows one wheel on one side of chassis, implicit is another side of chassis with similar wheel, thus hole receiving axle passes through 48 but not through entire 44 chassis).
Regarding Claim 16, Gaudry discloses the removable wheel assembly of claim 15 wherein the locking device includes an extension arm (radial extent of 50 washer) having the engagement end (radially inner edge of washer that engages slot in axle) disposed at one end thereof, wherein, in a locked state (Col 3 lines line 25-27), the extension arm extends through a locking slot (space where 50 washer is located between 48 and 46, and aligned with 40 groove in 20 axle Fig 4), defined in the carrier body and connected to the axle bore to extend into the circumferential groove of the short axle shaft to lock the short axle shaft in the carrier body, and, in an unlocked state (before installation of 50 in 40, or implicitly upon removal of 50 in 40, Col 3,lines 23-29), the extension arm is removed from the locking slot to allow removal of the short axle shaft from the carrier body (Col 3 lines 16-28 describes assembly in which 50 washer is installed to lock into 40 groove in 20 axle [i.e. locked state], and implicitly the opposite, before installation of 50 into 40 groove in axle 20 [i.e. unlocked state]).
Regarding Claim 17, Gaudry discloses the removable wheel assembly of claim 16 wherein the locking device further includes a locking plate (outer radial surface of 50 washer, Fig 6) disposed at another end that is opposite (Fig 4) said one end, the locking plate lockable to (via 50 in 40) the carrier body (between 48 and 46, Fig 2) to lock the extension arm in the locking slot and to lock the engagement end in the circumferential groove to thereby lock the short axle shaft in the carrier body.
Regarding Claim 19, Gaudry discloses the removable wheel method (col 3, lines 16-28), comprising: providing a wheel hub (18, Col 3 line 16) with an axle shaft (20, Col 2 line 20) fixedly secured to (Col 3, lines 16-25, Fig 4) the wheel hub at a proximal end (end with 38 head, Col 3 line 23) thereof, the axle shaft having a circumferential groove ( 40 in 20, Col 3lines 25-28, Fig 4) defined therein, the wheel hub supporting a wheel rim (that receives 16 “rolling surface”, between 22 of 26 and 32 of 18, Col 1 lines 46-49, 56-59, Fig 4), in radially spaced relation (Fig 4) relative to the wheel hub and the axle; inserting (Col 3 lines 20-22) the axle shaft into an axle bore (hole receiving 20 axle in 48 journal/bearing portion of 44 chassis, Fig 4) defined in a carrier body (44 chassis); and inserting a locking device (50 washer) into the carrier body such that an engagement end (inner radial surface of 50) of the locking device is radially received in the circumferential groove (40) of the axle shaft (20) to inhibit axial movement of the axle shaft thereby preventing removal of the wheel hub from the carrier body (Col 3 lines 26-28 describes assembly in axle is installed in wheel and bore in carrier, and 50 washer is installed to lock into 40 groove in 20 axle [i.e. locked state], and implicitly the opposite is also disclosed, being before the installation of 50 into 40 groove in axle 20 [i.e. unlocked state]).
Regarding Claim 20 Guadry discloses the removable wheel method of claim 19, further including: removing the locking device from the carrier body to remove the engagement end from the circumferential groove to unlock the wheel hub from the carrier body; and removing the axle shaft from the bore defined in the carrier body to remove the wheel hub and wheel rim from the carrier body (as described in previous paragraph).
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) 3-4 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaudry, as applied to claim 1 above and further in view of US2008/0030067-A1 to Chen (“Chen”).
Regarding Claim 3, Gaudry discloses the wheel assembly of claim 1, but does not disclose wherein the locking device includes a base portion and a shaft portion, the shaft portion having a proximal end fixed to the base portion and having the engagement end disposed distally relative to the base portion.
Chen discloses a wheel assembly (2 “wheel device) including a locking device (22 “coupling unit”) includes a base portion (221 “tubular sleeve”, attached to the 32 “frame” of carrier Para 14, Fig 1) and a shaft portion (222 “support axle”), and threaded members (223 and 224 directed through 221 towards 222 , Fig 4) the shaft portion having a proximal end fixed to (via 223 and 224 the base portion and having the engagement end disposed distally relative to the base portion.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel assembly and the locking device including a base portion, shaft portion and threaded members, 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 wheel assembly of Gaudry and teaching of the locking device of Chen, to modify the wheel assembly such that it includes the locking device including a base portion and shaft portion (like Chen), each extending perpendicularly upward in the direction to the axle, through the lower surface of 48 of the chassis with the motivation to have a more rigid connection of the locking device to the axle; and such that the fasteners retaining the shaft portion in the base portion are installed in through holes at the lower outer surface 48 of the chassis with the motivation to have easy access for removal of the locking device, having an expectation of equivalent function and a reasonable expectation of success.
Regarding claim 4, the combination of Gaudry and Chen discloses the wheel assembly of claim 3 further including threaded members (as described in previous paragraph) received in through holes defined in the base portion to secure the base portion to an associated body (48 journal of 44 chassis) and thereby axially secure the axle shaft to the associated body.
Regarding Claim 18, Gaudry discloses the removable wheel assembly of claim 17 but does not disclose wherein the locking plate includes at least two through holes that receive threaded fasteners to lock the locking plate to the carrier body.
Chen (best Fig 4) discloses a removable wheel assembly (2 “wheel device) including a locking device (22 “coupling unit”) includes a base portion (221 “tubular sleeve”, attached to the 32 “frame that carriers a power generator 31” i.e. a carrier body Para 14, Fig 1) and a shaft portion (222 “support axle”), and two threaded fasteners: first threaded fastener being 223 directed in 227 threaded through hole through hole in side of 221 [i.e. a locking plate] to engage[ i.e. to lock 22 to 221 of carrier body] to 228 flat side of 222[ Para 15 lines 2030, Para 16 lines 1-4]; second threaded fastener being 224 cap [i.e. a locking plate], having threaded fastener directed into through hole of 221 to engage threaded hole in 222,[i.e. to lock 222 to 221 of carrier body] [Para 15 lines 10-13]; enabling the locking device to be removable).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the removable wheel assembly and the locking plate includes at least two through holes that receive threaded fasteners to lock the locking plate to the carrier body, 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 removable wheel assembly of Gaudry and the teaching of the locking plate includes at least two through holes that receive threaded fasteners to lock the locking plate to the carrier body of Chen, to modify the removable wheel assembly (of Gaudry) such that has a locking device including a base portion and shaft portion (like Chen), each extending perpendicularly upward in the direction to the axle, through the lower surface of 48 of the chassis with the motivation to have a more rigid connection of the locking device to the axle; and such that the fasteners retaining the shaft portion in the base portion are at the lower outer surface 48 of the chassis with the motivation to have easy removal and installation of the locking device locking plates via threaded fasteners therein to lock the locking plate to the carrier body, having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaudry as applied to claim 5 above, and further in view of DE-19815813-A1 to Weber (“Weber”).
Regarding Claim 6, Gaudry discloses the wheel assembly of claim 5 including the at least one annular bearing, but does not disclose wherein at least one annular bearing includes a first annular bearing axially spaced from the wheel hub and a second annular bearing axially spaced from the wheel hub and from the first annular bearing.
Weber discloses a chassis (10), at least two wheels (26), each having a wheel assembly installed on axle (32) in an axle receptacle (70), including at least one annular bearing (Fig 2), including a first annular bearing (72 “ball bearing” having races Fig 5) axially spaced from the wheel hub (26, Fig 2,5) and a second annular bearing (74 “ball bearing” having races, Fig 5) axially spaced from the wheel hub (26, Fig 2, 5) and from the first annular bearing.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel assembly and the first and second annular bearings axially spaced from the wheel hub and each other, 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 wheel assembly of Gaudry and the teaching of the first and second annular bearings axially spaced from the wheel hub and each other of Weber, to modify the wheel hub such that the at least one annular bearing, include a first and second annular bearing, axially spaced from the wheel hub and eachother (like Weber), with the motivation to protect the bearing surface of 48 of chassis from damage, with bearing assemblies having races retaining ball bearings, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 8, Gaudry discloses the wheel assembly of claim 7 further including at least one annular bearing (48 journal/bearing, Col 2 lines 11-12, Fig 4).
Gaudry does not the at least one annular bearing annularly disposed on the axle shaft and radially disposed between (Fig 4) the axle shaft and a portion of the carrier body defining the axle bore.
Weber discloses a chassis (10), at least two wheels (26), each having a wheel assembly installed on axle (32) in an axle receptacle (70), including at least one annular bearing (72 “ball bearing” having races, Fig 2, 5) , annularly disposed on the axle shaft and radially disposed between (Fig 2, 5) the axle shaft and a portion of the carrier body defining the axle bore.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel assembly and a first annular bearing annularly disposed on the axle shaft and radially disposed between the axle shaft and a portion of the carrier body defining the axle bore, 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 wheel assembly of Gaudry and the first annular bearing annularly disposed on the axle shaft and radially disposed between the axle shaft and a portion of the carrier body defining the axle bore of Weber, to modify the wheel hub such that the at least one annular bearing, is a first annular bearing annularly disposed on the axle shaft and radially disposed between the axle shaft and a portion of the carrier body defining the axle bore (like Weber), with the motivation to protect the bearing surface of 48 of chassis from damage, with a bearing assembly having races retaining ball bearings, having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaudry as applied to claim 1 above, and further in view of JP-3098211-U to Wakuda (“Wakuda”).
Regarding Claim 12, Gaudry discloses the wheel assembly of claim 1 including an axle shaft and hub, but does not disclose wherein the axle shaft is welded to the wheel hub.
Wakuda discloses a wheel assembly (Fig 4,) wherein the axle shaft (10) is welded (English translation para 6, line 11, Fig 4) to the wheel hub (5).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel assembly and the axle shaft is welded to the wheel hub 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 wheel assembly of Gaudry and the teaching of the axle shaft welded to the wheel hub of Wakuda, to modify the axle wheel hub connection such that the axle is welded to the wheel hub with the motivation have fewer parts and a more rigid connection of the axle to the wheel hub, having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaudry as applied to claim 1 above, and further in view of DE-2910245-U1 to Hofmann (“Hofmann”).
Regarding Claim 13, Gaudry discloses the wheel assembly of claim 1 having a tire annularly disposed on the wheel rim, but does not disclose the wheel assembly further including spokes extending radially between the wheel hub and the wheel rim.
Hofmann discloses a wheel assembly further including spokes (English Translation “ET” Page 3, Para 10 beginning “Figure 1 shows…”, lines 5, Fig 2) extending radially between the wheel hub and the wheel rim, and a tire (ET Page 3, Para 10 beginning “Figure 1 shows…”, lines 7-8, Fig 2) annularly disposed on the wheel rim.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel assembly and the wheel having spokes extending radially between the wheel hub and the wheel rim, 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 wheel assembly of Gaudry and the teaching the wheel having spokes extending radially between the wheel hub and the wheel rim of Hofmann, to modify the wheel (of Gaudry) such that the wheel has spokes extending radially between the wheel hub and the wheel rim, with the motivation have to have a wheel with an open aesthetic appearance, having an expectation of equivalent function and a reasonable expectation of success.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Bromm ( US-11110744-B2), Dreyer (US-20060261669-A1), and Beauchamp (US-10118441-B1) disclose at least one of a wheel assembly, an axle retainer configuration, and axle having circumferential grooves, a connection of a wheel or carrier to an axle.
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.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615