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)(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) 16-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xavier et al. (USPub 2023/0365206).
With respect to claim 16, Xavier et al. disclose a track system (Fig 2) comprising: a frame (26); a sprocket wheel assembly (30) rotationally connected to the frame; an idler wheel assembly (100) rotationally connected to the frame; a plurality of support wheel assemblies (34) rotationally connected to the frame, at least one of the idler wheel assembly and the plurality of support wheel assemblies including a wheel (Figs 4-7), the wheel comprising the structure discussed above.
With respect to claim 17, wherein the aperture extends in at least one of a radial and circumferential direction along of the first wall (aperture is circular so extends both radially and circumferentially).
With respect to claim 18, wherein the aperture is a first aperture, and the second wall defines a second aperture providing a pathway to the interior chamber for the evacuation of the forming material [0027], and shaped for evacuating debris introduced into the interior chamber in operation (Figs 4, 6, and 7).
With respect to claim 19, wherein the integrally formed body is a cast body, and the forming material is a casting material [0029].
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.
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xavier et al. in view of Juncker et al. (WO0002767A1).
With respect to claim 14, Xavier et al. disclose the claimed invention discussed above but do not disclose a tandem second wheel. Juncker et al., however, disclose a a second axle is spaced from the first axle in a longitudinal direction (Fig 1). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Xavier et al. in view of the teachings of Juncker et al. to modify a similar invention in a similar way, namely, that a vehicle having a track apparatus containing multiple wheels in tandem, would improve any or all of the wheels as disclosed by Xavier et al. in order to provide apertures useful for both casting during manufacturing and evacuating debris during use.
Response to Arguments
Applicant's arguments filed on 6/8/26 have been fully considered but they are not persuasive. Applicant did not amend nor argue the prior art rejection for claims 16-20; therefore, the Examiner maintains that the rejection is proper.
Allowable Subject Matter
Claims 1-15 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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 DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached on Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached on 571-272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3617
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