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 .
Information Disclosure Statement
The information disclosure statements (IDS) have all been considered by the examiner.
The lined through references fall under one of the following:
A duplicate listing,
Unrelated to the claimed invention,
An incomplete copy of a foreign reference,
An Office action of a US application, which does not qualify as prior art given the fact that it is not a published document readily available to the general public.
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 center rib is an air bladder as set forth in claim 14; and each lug including first and second bladder paddles as set forth in claim 15-17; 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.
The drawings are objected to because Figure 1 lacks reference characters.
Figure 2 includes handwritten reference characters.
In Figure 1B, reference character 60B incorrectly indicates a lug and not the tension cable.
Figures 15A-17A and 18B are generally blurry and unclear, making it difficult to discern the features of the invention.
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 140B.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The disclosure is objected to because of the following informalities: Paragraph [001] fails to state that all of the related applications have matured into US Patents.
The term “rim(s)” should be replaced with the term - -flange(s)- - in relation to Figure 2.
In paragraph [0074], the spokes are denoted by both reference characters “70” and “70”.
In paragraphs [0086], [0087], [0089], [0090], [0091], [0093]-[0099], and [00101], the term “rim” should be replaced with the term - -disk- -.
These corrections are to more accurately describe the invention. Appropriate correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: The term “rim” should be replaced with the term - -disk- - throughout the claim, to more accurately define the invention, given the fact that a “rim” is ONLY the portion of a wheel on which a tire is mounted.
Appropriate correction is required.
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 1-20 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 phrase “configured to connect”. This phrase fails to describe any actual physical structure of the invention.
Claim 6 is indefinite due to the fact that is unclear what is actually being claimed by the phrase “configured to be compliant”. This phrase fails to describe any actual physical structure of the invention.
Claims 12 and 16 are indefinite due to the fact that the phrase “a lug axis” is a double recitation. This limitation has been previously set forth in the claims. Therefore, it is unclear whether the “lug axis” set forth in lines 2-3 of claim 12, and line 5 of claim 16 are the same element of the invention as previously set forth in the claims, or are additional elements of the invention.
Claims 13 and 18 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “associated with” in lines 5-6 and 1-3, respectively. This phrase fails to describe any actual physical structure of the claimed invention.
The term “high” in claims 4-5 is a relative term which renders the claims indefinite. The term “high” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. No quantitative or qualitative limitations have been set forth in the claims to clearly define this term.
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)(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.
Claim(s) 1, 9, 13, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schlicht (1,094,752).
Per claims 1 and 9, Schlicht shows a wheel having a circular ring 17 with an outer surface and rotational axis. A plurality of lugs are mounted in side-by-side positions on the outer surface of the ring 17, and include a center rib 21, first leg and second leg extending therefrom laterally and opposite one another. First and second lug plates 22 connect the legs to the center rib 21. The lugs form a circular pattern coaxial with the rotational axis. A distal edge of the lug plates 22 radially extend beyond the center rib (Figure 2).
Per claim 13, the lug plates 22 are paddles.
Per claim 20, the lugs form a circular pattern coaxial with the rotational axis.
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schlicht as applied to claims 1, 9, 13, and 20 above, and further in view of Edwards et al (EP 0025677).
Schlicht does not show the wheel including a disk nested within the circular ring, and including a plurality of alternating scalloped protrusions on the outer periphery of the disk.
In Figure 1, Edwards et al teaches the use of a wheel having such features. Therefore, from this teaching, 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 wheel of Schlicht with a disk having a scalloped outer periphery, as a substitute equivalent configuration for attaching the circular ring to a wheel hub, thus allowing the wheel to be mounted on an axle, and dependent upon the desired aesthetics of the wheel.
Allowable Subject Matter
Claims 2, 4-8, 10-12, and 14-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references show wheels having traction lugs thereon.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) 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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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615