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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “outboard rim and the inboard rim are separate components that are welded together to form the barrel” as set forth in claims 3 and 13 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 Rejections - 35 USC § 112
2. 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 18-21 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 18, the limitation “a floating register” renders the claim indefinite because it is unclear whether “a floating register” refers to “a floating register” previously recited in independent claim 11 or if it refers to a distinct floating register as implied by the claim construction. Further, the limitations “vents” and “brake system components” in claim 18 renders the claim indefinite because it is unclear whether “vents” and “brake system components” refers to “vents” and “brake system components” previously recited in independent claim 11 or if they are 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, 2, 4, 5, 8-12, 14, 15 and 18-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lueders et al. (DE 2311740 A1; hereinafter “Lueders”).
Regarding claim 1, Lueders discloses an outboard face 2 for a wheel of a vehicle (paragraph [0001] of the English-language machine translation; Figs. 1-2), comprising: a surface register 2a for fastening the outboard face to a barrel 1 (Fig. 1; paragraph [0013] of the English-language machine translation); a floating register 2b (note the wheel disc edge 2b is not required to be welded to the rim flange 1b as evident from at least paragraph [0020] of the English-language machine translation) including vents 2f to provide cooling to brake system components of the vehicle (paragraph [0017] of the English-language machine translation); spokes (ribs 2g and/or ribs 2d) joining the surface register and the floating register (Fig. 1); and a hub (central portion of 2 that includes the unlabeled hub bolt holes as shown in Figs. 1 and 2) for fastening the wheel to the vehicle (evident from Figs. 1 and 2).
Regarding claim 2, Lueders further discloses the barrel comprises an outboard rim (unlabeled outboard portion of rim 1 that includes outboard rim flange 1b as shown in Fig. 1) that is coupled with an inboard rim (unlabeled inboard portion of rim 1 that includes the unlabeled inboard rim flange as shown in Fig. 1).
Regarding claim 4, Lueders further discloses the barrel being a single component (evident from Fig. 1). Note the method (i.e., “forged”) by which the barrel is formed as a single component is not afforded full patentable weight in a product claim (See MPEP 2113).
Regarding claim 5, Lueders further discloses the outboard face is configured to be fastened onto a lip 1a disposed around a perimeter of an inner surface of the barrel (Fig. 1; paragraph [0013] of the English-language machine translation).
Regarding claim 8, Lueders further discloses the spokes are configured to position the floating register farther outboard than the surface register (Fig. 1) so as to establish openings (unlabeled cooling air channels laterally bounded by ribs 2g as described in paragraph [0018] of the English-language machine translation) between the floating register and the surface register (Fig. 1).
Regarding claim 9, Lueders further discloses the openings provide fluid communication between the vents and openings 2c between the spokes (Fig. 1).
Regarding claim 10, Lueders further discloses the vents are configured (i.e., capable of) to cause the airflow through the openings to extract heated air from inside the barrel (evident from at least paragraphs [0017] and [0021] of the English-language machine translation).
Regarding claim 11, Lueders discloses a floating register wheel for a vehicle (paragraph [0001] of the English-language machine translation; Figs. 1-2), comprising: a barrel 1 for mounting a tire (evident from Fig. 1); an outboard face 2 for fastening the barrel to a wheel hub of a vehicle (evident from Figs. 1 and 2 which show the central portion of 2 including unlabeled hub bolt holes); and vents 2f disposed in a floating register 2b (note the wheel disc edge 2b is not required to be welded to the rim flange 1b as evident from at least paragraph [0020] of the English-language machine translation) to provide cooling to brake system components of the vehicle (paragraph [0017] of the English-language machine translation).
Regarding claim 12, Lueders further discloses the barrel comprises an outboard rim (unlabeled outboard portion of rim 1 that includes outboard rim flange 1b as shown in Fig. 1) that is coupled with an inboard rim (unlabeled inboard portion of rim 1 that includes the unlabeled inboard rim flange as shown in Fig. 1).
Regarding claim 14, Lueders further discloses the barrel being a single component (evident from Fig. 1). Note the method (i.e., “forged”) by which the barrel is formed as a single component is not afforded full patentable weight in a product claim (See MPEP 2113).
Regarding claim 15, Lueders further discloses the outboard face is configured to be fastened onto a lip 1a disposed around a perimeter of an inner surface of the barrel (Fig. 1; paragraph [0013] of the English-language machine translation).
Regarding claim 18, Lueders further discloses the outboard face includes a surface register 2a for fastening the outboard face to a barrel (Fig. 1; paragraph [0013] of the English-language machine translation); a floating register 2b including vents 2f to provide cooling to brake system components of the vehicle (paragraph [0017] of the English-language machine translation); spokes (ribs 2g and/or ribs 2d) joining the surface register and the floating register (Fig. 1); and a hub (central portion of 2 that includes the unlabeled hub bolt holes as shown in Figs. 1 and 2) for fastening the wheel to the vehicle (evident from Figs. 1 and 2).
Regarding claim 19, Lueders further discloses the spokes are configured to position the floating register farther outboard than the surface register (Fig. 1) so as to establish openings (unlabeled cooling air channels laterally bounded by ribs 2g as described in paragraph [0018] of the English-language machine translation) between the floating register and the surface register (Fig. 1).
Regarding claim 20, Lueders further discloses the openings provide fluid communication between the vents and openings 2c between the spokes (Fig. 1).
Regarding claim 21, Lueders further discloses the vents are configured (i.e., capable of) to cause the airflow through the openings to extract heated air from inside the barrel (evident from at least paragraphs [0017] and [0021] of the English-language machine translation).
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 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lueders in view of Kerkhoff et al. (EP 0623482 A1; hereinafter “Kerkhoff”).
Regarding claims 3 and 13, Lueders fails to disclose the outboard rim and the inboard rim are separate components that are welded together to form the barrel.
Kerkhoff, however, teaches an outboard rim 11 and an inboard rim 12 being separate components that are welded (at 20 in Fig. 1, at 21 in Fig. 2, at 22 in Fig. 3) together to form a barrel 10.
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 barrel of Lueders so that the outboard rim and the inboard rim are separate components that are welded together to form the barrel, such as taught by Kerkhoff, as a well-known alternative barrel construction that would have a reasonable expectation of success in allowing greater customization and flexibility in the wheel design while also providing the advantage of allowing the replacement of a single rim component if needed, and/or desired.
Claims 6, 7, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lueders in view of Mueller et al. (US 2014/0246895 A1; hereinafter “Mueller”).
Regarding claims 6, 7, 16 and 17, Lueders fails to disclose the surface register of the outboard face includes a multiplicity of threaded holes for mounting the outboard face onto the barrel, wherein the threaded holes are configured to receive hardware fasteners. Instead, Lueders discloses the surface register being welded to the drop bed or lip of the barrel (Fig. 1; paragraph [0013] of the English-language machine translation).
Mueller, however, teaches an outboard face 3 with a surface register 33 that includes a multiplicity of threaded holes (“internal threads” per paragraph [0041]) for mounting the outboard face onto the barrel, wherein the threaded holes are configured to receive hardware fasteners 5 (Figs. 3, 5 and 7; paragraph [0041]).
It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to have modified the wheel of Lueders by substituting its outboard face attachment arrangement to the barrel for an attachment arrangement in which the surface register includes a multiplicity of threaded holes configured to receive hardware fasteners for mounting the outboard face onto the barrel, such as taught by Mueller, as a well-known alternative attachment arrangement that would have a reasonable expectation of success in providing predictable results for allowing the outboard face to be secured to the barrel of the wheel in a desired position while also providing the benefit of allowing the outboard face to be more easily detachable from the barrel if needed, and/or desired.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Pan et al. (CN 106945456 A; hereinafter “Pan”) discloses an outboard face 11 for a wheel that includes all of the limitations (e.g., surface register at 119, floating register at 112, spokes 111, hub 113) of at least the independent claims as shown in Figs. 1-6.
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