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) 1-3, 5, 6, 9, 11-13, and 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 1, Xavier et al. disclose a wheel (100) for a track assembly (Fig 1), the wheel comprising: an integrally formed body including: a hub portion (108); a rim portion (110); and a first wall (112) and a second wall (112a), the first and second walls connecting the rim and hub portions (Figs 4-7), and extending radially between the hub and rim portions (Figs 4-7); the hub portion, the rim portion, the first wall and the second wall defining an interior chamber (126) configured to hold forming material [0029-0030]; and the first wall defining an aperture (114) providing a pathway to the interior chamber for the evacuation of the forming material [0029], and the aperture being shaped for evacuating debris introduced into the interior chamber in operation (since the aperture 114 is used to evacuate sand after a casting process is complete, the same apertures would also provide a pathway for other materials such as debris introduced into the interior chamber to be evacuated).
With respect to claims 2 and 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 3, wherein the aperture extends radially and circumferentially along the first wall (aperture is circular so extends both radially and circumferentially).
With respect to claim 5, wherein the first wall has an arcuate section, and the aperture is at least partially defined in the arcuate section (Figs 6-7).
With respect to claim 6, wherein the rim portion has an inner surface and an outer surface (Fig 6), the inner surface being laterally sloped (176) from a longitudinal center plane (163) of the wheel towards the first wall.
With respect to claims 9 and 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 11, wherein the first wall defines a plurality of apertures, including the aperture (114) and an other aperture (116, 118), the other aperture provides a pathway to the interior chamber for the evacuation of the forming material, and shaped for evacuating debris introduced into the interior chamber during movement of the wheel [0029].
With respect to claim 12, wherein: the hub portion has an outer radial surface; the rim portion has an inner radial surface; the first wall has a first inner lateral surface; the second wall has a second inner lateral surface; and the interior chamber is defined by the outer radial surface of the hub portion, the inner radial surface of the rim portion, the first inner lateral surface of the first wall and the second inner lateral surface of the second wall (Fig 6).
With respect to claims 13 and 19, wherein the integrally formed body is a cast body, and the forming material is a casting material [0029].
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.
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 4, 7, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xavier et al. in view of Opameyer-Hartmann et al. (CN110682974A).
With respect to claims 4, 7, 8, and 10, Xavier et al. disclose the claimed invention discussed above but do not disclose wherein the aperture is tapered in a radial direction of the first wall. Opameyer-Hartmann et al. disclose a wheel having apertures (32) for excavating dirt and debris (page 5, 1st paragraph of attached translation), wherein the apertures have a radially inner section and a radially outer section, the radially inner section having a first width and the radially outer section having a second width, the first width being larger than the second width (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 Opameyer-Hartmann et al. to shape the apertures as discussed above in order to create a profile that promotes debris to exit away from the center of the wheel toward the ground while maintaining sufficient rigidity and strength and allowing the same aperture to be used for the casting process, and such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. It also would have been obvious to form the second aperture with a circular shape in order reduce costs by simplifying the manufacturing, and since a change in shape is generally recognized as being within the level of ordinary skill in the art.
Claims 14, 15, and 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 and a connecting structure (46) wherein the hub portion of the first wheel defining a first hub aperture (134); a first axle (48) received in the first hub aperture, the first axle being connected to the connecting structure (Fig 4) but do not disclose a second wheel according to claim 1, the hub portion of the second wheel defining a second hub aperture; and a second axle received in the second hub aperture, the second axle being connected to the connecting structure. Juncker et al., however, disclose a track apparatus that includes two idler wheels (Fig 1), wherein a second axle is spaced from the first axle in at least one of a longitudinal direction and a lateral 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, whether they are idler, sprockets, or support wheels, 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.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3617
Prosecution Insights