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 .
Drawings
The drawings are objected to because of the following informalities:
Figures 1a and 1b should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
The three different views shown in Fig. 4 should be labeled as distinct figures (note 37 CFR 1.84(u)).
In the b-b cross-sectional view of Fig. 4, it is unclear why a portion of the second cover element 14 is shown to be arranged on an axially outboard side of the wheel and a portion of the first cover element 13 is shown to be arranged on an axially inboard side of the wheel.
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 “at least one mechanical fixing means” as set forth in claim 11 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.
Claim Objections
Claim 12 is objected to because of the following informality: The superfluous “and” in the phrase “and and” in lines 16-17 should be deleted for grammatical clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. 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 12-16 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 claim 12, the term “a vehicle” in the last line renders the claim indefinite because it is unclear whether “a vehicle” refers to “a vehicle” set forth in the preamble of the claim or if it is distinct therefrom as implied the claim construction.
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 1-11 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hauler et al. (US 2008/0001468 A1; hereinafter “Hauler”).
Regarding claim 1, Hauler discloses a wheel assembly 10 for a vehicle (Abstract), comprising: a rim body 12 formed in a cylindrical shape (Fig. 2); a first cover element 16; and a second cover element 18, wherein the rim body comprises at least a wheel disc element (unlabeled central portion of wheel that includes spokes 24) arranged in an axial direction of the rim body (Fig. 3), wherein the first cover element is arranged at a first side of the wheel disc element and the second cover element is arranged at a second side of the wheel disc element along the axial direction of the rim body (Fig. 2), wherein the rim body comprises a first material (claim 7), wherein the first cover element and the second cover element comprise a second material (claim 8), wherein the first material differs from the second material (claims 7 and 8), and wherein the first cover element and the second cover element are formed differently from each other (evident from at least Fig. 7).
Regarding claim 2, Hauler further discloses each of the first cover element and the second cover element comprise a plurality of venting holes (unlabeled, but clearly shown in Fig. 2).
Regarding claim 3, Hauler further discloses the plurality of venting holes of the first cover element are aligned with the plurality of venting holes of the second cover element, forming a plurality of venting channels (unlabeled, but shown in Fig. 3) through the rim body (Fig. 3).
Regarding claim 4, Hauler further discloses the plurality of venting holes of the first cover element are formed to be compatible with a driving direction of the vehicle (evident from at least Fig. 2).
Regarding claim 5, Hauler further discloses the first side is an outer side of the wheel disc element exposed to an environment and the second side is an inner side of the wheel disc element directed to an interior of the rim body (inasmuch as both sides of the wheel disc element are exposed to an environment and to an interior of the rim body as evident from at least Fig. 4).
Regarding claim 6, Hauler further discloses the second cover element comprises a seamless surface (evident from at least Figs. 2 and 4).
Regarding claim 7, Hauler further discloses the first material comprises a metallic material (claim 7).
Regarding claim 8, Hauler further discloses the second material comprises a plastic material (claim 8).
Regarding claim 9, Hauler further discloses the first cover element or the second cover element are mounted at the rim body by at least one clamping means (50 and 60 in Fig. 7).
Regarding claim 10, Hauler further discloses the at least one clamping means is integrally formed with the first cover element or the second cover element (Fig. 7).
Regarding claim 11, Hauler further discloses the first cover element or the second cover element is mounted at the rim body by at least one mechanical fixing means (first and second fingers 52, 54 shown in Fig. 7).
Regarding claim 17, Hauler discloses a method for manufacturing a wheel assembly 10 for a vehicle (Abstract), comprising: providing a rim body 12 formed in a cylindrical shape (Fig. 2) and comprising at least a wheel disc element (unlabeled central portion of wheel that includes spokes 24) arranged in an axial direction of the rim body (Fig. 3), wherein the rim body comprises a first material (Claim 7); providing a first cover element 16 comprising a second material (Claim 8) and a second cover element 18 comprising a second material (Claim 8); and arranging the first cover element at a first side of the wheel disc element and arranging the second cover element at a second side of the wheel disc element along the axial direction of the rim body (Fig. 2), wherein the first material differs from the second material (Claims 7 and 8), and wherein the first cover element and the second cover element are formed differently from each other (evident from at least Figs. 7 and 8).
Regarding claim 18, Hauler further discloses the second cover element comprises a seamless surface (unlabeled, but clearly shown in Fig. 2).
Regarding claim 19, Hauler further discloses the first material comprises a metallic material (Claim 7).
Regarding claim 20, Hauler further discloses the second material comprises a plastic material (Claim 8).
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 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Pini et al. (WO 2015/158780 A1; hereinafter “Pini”) in view of Gebeau (US 2014/0191565 A1).
Regarding claim 12, Pini discloses a wheel system for a vehicle (Abstract), comprising: a first wheel assembly 1, comprising: a first rim body (comprised of rim 6, core 11 and hub portion 3) formed in a cylindrical shape (Fig. 2); a first cover element 9; and a second cover element 8, wherein the first rim body comprises at least a first wheel disc element 11 arranged in an axial direction of the first rim body (Fig. 2), wherein the first cover element is arranged at a first side of the first wheel disc element and the second cover element is arranged at a second side of the first wheel disc element along the axial direction of the first rim body (Fig. 2), wherein the first rim body comprises a first material (Claim 6), wherein the first cover element and the second cover element comprise a second material (Claim 1), wherein the first material differs from the second material (Claims 1 and 6), and wherein the first cover element and the second cover element are formed differently from each other (evident from Fig. 3).
Although Pini discloses the first wheel assembly being used on a vehicle such that the first wheel assembly can implicitly be used on a left side of the vehicle relative to a driving direction of a vehicle, Pini fails to expressly disclose the wheel system having the claimed second wheel assembly being arrangeable on a right side of the vehicle relative to the driving direction of the vehicle.
Gebeau, however, teaches a wheel system in which a first wheel assembly 1100 is arrangeable on a left side of a vehicle and a second wheel assembly 1100 is arrangeable on a right side of the vehicle relative to a driving direction 1111 of the vehicle (Fig. 11).
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 wheel system of Pini so that it includes the claimed second wheel assembly as a mere duplication of parts that would have a reasonable expectation of success in providing predictable results (See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) and to provided such second wheel assembly on a right side of the vehicle relative to a driving direction of the vehicle, such as taught by Gebeau, with a reasonable expectation of success in allowing the vehicle to move.
Regarding claim 13, Gebeau further teaches the wheel assemblies, including the cover elements 2400 (note Figs. 24 and 25; paragraph [0084]), on the right side of the vehicle are non-superposable mirror images of the wheel assemblies on the left side of the vehicle to allow for the desired direction of air flow away from the vehicle to create a partial vacuum under the vehicle for increased traction, improved cooling of brake surfaces, and greater vehicle stability (paragraphs [0052], [0059], [0064], [0069], [0079], [0081], [0083] and [0084]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the wheel system of Pini such that the first cover element of the first wheel assembly and the third cover element of the second wheel assembly are formed mirrored relative to each other, such as taught by Gebeau, with a reasonable expectation of success in increasing traction of the vehicle, improving the cooling of brake surfaces, and providing greater vehicle stability.
Regarding claim 14, Pini further discloses each of the first cover element and the second cover element comprise a plurality of venting holes (evident from Figs. 1 and 2 which shows venting holes between the spokes).
Regarding claim 15, Pini further discloses the plurality of venting holes of the first cover element are aligned with the plurality of venting holes of the second cover element, forming a plurality of venting channels through the first rim body (evident from Figs. 1 and 2).
Regarding claim 16, Pini further discloses the plurality of venting holes of the first cover element are formed to be compatible with a driving direction of the vehicle (implicit from Figs. 1 and 2 that the venting holes would be compatible (i.e., allow for a driving direction of the vehicle) with a driving direction of the vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Gielisch (US 2016/0096398 A1) discloses a wheel assembly that includes a first cover element 9 on axially outboard side of the wheel disc at 1s and a second cover element 8 on axially inboard side of the wheel disc (Fig. 1).
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