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 were received on 11 March 2026. These drawings are approved.
Claim Rejections - 35 USC § 112
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 1-18 and 20 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.
Claim 1 is indefinite due to the fact that it is unclear what is actually being claimed by the phrases “configured to connect” and “configured to be” are generally narrative (see section 5 below) and fail to describe any actual physical structure of the invention.
Claim 17 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to engage”, given the fact that this phrase is generally narrative (see section 5 below) and fails to define any actual physical structure of the invention.
Claim 20 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to connect”, given the fact that this phrase is generally narrative (see section 5 below) and fails to define any actual physical structure of the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-8, 12, 14-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilles (3,606,497).
Per claims 1 and 14, Figure 2 of Gilles shows a resilient component (i.e. a tire) for a wheel of a track system. The tire includes a resilient body 8a/8b defining a hub aperture in which a hub component 7a/7b is received. The body 8a/8b extends radially outwardly from the hub aperture and defines first and second laterally spaced sidewalls. A wear element 11a/11b is connected to one of the sidewalls to at least partially surround the hub aperture, while projecting at least partially from the sidewalls, and being radially offset from the3 hub component 7a/7b.
Per claim 2, the resilient body 8a/8b is deformable by a “first amount” when the wear element 11a/11b is disconnected therefrom; and is deformable by a “second amount” when the wear element 11a/11b is connected thereto. The first amount is generally “similar” to the second amount.
Per claim 3, the resilient body 8a/8b has a first modulus of elasticity when the wear element 11a/11b is disconnected therefrom; and has a second modulus of elasticity when the wear element 11a/11b is connected thereto. The first amount is generally equal to the second amount.
Per claim 4, the wear element 11a/11b is deformable.
Per claims 5-6, the wear element 11a/11b includes an anchoring portion.
Per claim 7, the wear element 11a/11b is a wear ring.
Per claim 8, the wear ring has a rectangular cross-section.
Per claim 12, the body 8a/8b is connected to the hub component 7a/7b by at least one of a chemical bond, mechanical interlock, or interference fit.
Per claim 15, the wheel is a non-pneumatic wheel.
Per claim 16, the wheel of Gilles is part of one of an idler wheel assembly or a support wheel assembly.
Per claim 17, the anchor portion of the wear element 11a/11b acts as a retaining ring that engages a retaining portion 4a/4b of the hub component 7a/7b to axially retain the resilient body 8a/8b thereon.
Per claim 18, the wheel of Gilles may be used on a track system including a frame having the wheel connected thereto, and an endless track surrounding the frame and wheel.
Per claim 20, the wheel of Gilles is manufactured by forming the resilient body 8a/8b, connecting a wear element 11a/11b to the body 8a/8b, and then connecting the body 8a/8b to a hub component 7a/7b.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gilles. Gilles shows the wear element 11a/11b extending axially within the resilient body 8a/8b, but does not specify the length of the axial portion of the wear element 11a/11b with respect to axial length of the body 8a/8b.
Claim 9 sets for this distance as being “about” half, with the term “about” being defined as 5-20%. The limitation “about half” then equals 40-60% of the axial length of the resilient body.
As shown in Figure 1, the axially extending portion of the wear element 11a/11b of Gilles appears to extend roughly one-quarter (25%) the axial length of the body 8a/8b. it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form the wear element of Gilles with the axially extending portion to have “about half” the axial length of the resilient body, dependent upon the desired resiliency, and to increase the reinforcement, of the body.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gilles as applied to claims 1-9, 12, 14-18, and 20 above, and further in view of Payne et al (4,607,892).
Regarding claim 10, Gilles does not show the use of a plurality of wear elements.
Regarding claim 11, Gilles does not show the use of a plurality of spherical wear elements.
Payne et al teaches the use of a plurality of wear elements 32B in Figures 4-5. Payne et al also teaches the use of a plurality of wear elements 32a in Figures 2-3 which may be spherical (shot in column 2, lines 45-48). Therefore, from these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form the wear element of Gilles as a plurality of wear elements that may also be spherical in shape, as substitute equivalent configurations, to achieve the same purpose (i.e. reducing wear on the track contacting portions of the wheel), dependent upon availability, cost, and the desired amount of contact between the wear element and track components.
Claim(s) 13, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Gilles as applied to claims 1-9, 12, 14-18, and 20 above, and further in view of Maeda (8,034,267).
Gilles does not show the resilient body including at least two strengthening layers. Maeda teaches the use of a resilient body 26 formed with at least two strengthening layers 20 and 24. Therefore, from these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to provide the resilient body of Gilles with at least two layers dependent upon the desired chemical and physical characteristics of the resilient body (such as each “fold” having different moduli of elasticity, etc.).
Allowable Subject Matter
Claim 19 is allowed.
Response to Arguments
Applicant's arguments filed 11 March 2026 have been fully considered but they are not persuasive. The Applicant argues that that Gilles does not show the wear elements being “radially offset from the hub component”. However, this is not the case, as Figure 2 of Gilles shows this feature. Therefore, the above rejection has been modified to reflect the usage of Figure 2 of Gilles therein.
The Applicant argues that the wear elements of Gilles are formed from steel, and “is silent on the rings being deformable”. However, it should be noted that all elements are deformable. Furthermore, the claims fail to provide any quantification or qualification regarding the deformability of the wear rings.
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 JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
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