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
Each distinct part, including modified parts, should be labeled with a distinct reference character to be in compliance with 37 CFR 1.84(p). Note at least the following: The wheel assembly denoted by reference character 13 in the embodiment shown in Fig. 10 is distinct (i.e., modified) from the element denoted by these same reference characters in the embodiment shown in Figs. 7-9.
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, a single embodiment of the wheel assembly having both an “interface of the inboard and outboard connecting surfaces is formed by an intermediate plate” as set forth in claim 11 in combination with “the inboard and outboard wheel connecting surfaces abut one another” as set forth in claim 1 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
3. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11 and 12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 11, there is no support in the original disclosure for a single embodiment of Applicant’s wheel assembly having both an “interface of the inboard and outboard connecting surfaces” that “is formed by an intermediate plate” as required by claim 11 in combination with “the inboard and outboard wheel connecting surfaces abut one another” as required by claim 1.
6. 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 11 and 12 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 11, there is insufficient antecedent basis for “the interface of the inboard and outboard connecting surfaces”.
9. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Specifically, all of the limitations (i.e., “wherein the inboard and outboard wheel connecting surfaces abut one another”) of claim 5 have been previously set forth in independent claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US 6,000,762; newly cited) in view of HYTREL 4556 (previously cited non-patent literature).
Regarding claims 1, 5 and 17, Chang discloses a wheel assembly (1 in the embodiment shown in Figs. 1 and 2; 2 in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a) comprising: an inboard wheel segment (inboard wheel disk 11 in the embodiment shown in Figs. 1 and 2; inboard wheel disk 21 in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a) comprising an inboard tubular body having an exterior inboard rim surface (unlabeled radially outer surface of inboard wheel disk 11 in the embodiment shown in Figs. 1 and 2; unlabeled radially outer surface of inboard wheel disk 21 in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a), a first inboard segment end (axially inboard end of the inboard wheel disk 11, 21) having an inboard annular lip (unlabeled rim flange that extends radially outward from the axially inboard end of the inboard wheel segment shown in each of the embodiments) extending radially outward from the exterior inboard rim surface (Figs. 1-6a), and a second inboard segment end (axially outboard end of the inboard wheel disk 11, 21) having an inboard wheel segment connecting surface (unlabeled surface that includes holes 111, 112 and 113 in the embodiment shown in Figs. 1 and 2; unlabeled surface that includes holes 211, 212 and 213 in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a) an outboard wheel segment (outboard wheel disk 11 in the embodiment shown in Figs. 1 and 2; outboard wheel disk 21 in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a) comprising an outboard tubular body having an exterior outboard rim surface (unlabeled radially outer surface of outboard wheel disk 11 in the embodiment shown in Figs. 1 and 2; unlabeled radially outer surface of outboard wheel disk 21 in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a), a first outboard segment end (axially outboard end of the outboard wheel disk 11, 21) having an outboard annular lip (unlabeled rim flange that extends radially outward from the axially outboard end of the outboard wheel segment shown in each of the embodiments) extending radially outward from the exterior outboard rim surface (Figs. 1-6a), and a second outboard segment end (axially inboard end of the outboard wheel disk 11, 21) having an outboard wheel segment connecting surface (unlabeled surface that includes holes 111, 112 and 113 in the embodiment shown in Figs. 1 and 2; unlabeled surface that includes holes 211, 212 and 213 in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a); wherein the inboard and outboard wheel segment connecting surfaces are coupled together to form a joint (unlabeled joints shown in Figs. 1-6a), wherein the exterior inboard and exterior outboard rim surfaces cooperate to form a wheel assembly rim surface (radially outer surface upon which the tire 4 is seated as shown in Figs. 1-6a), and wherein the inboard and outboard wheel connecting surfaces abut one another (the inboard and outboard wheel connecting surfaces in the embodiment shown in Figs. 1 and 2 are considered to abut one another inasmuch as they touch each other; the inboard and outboard wheel connecting surfaces in the embodiment shown in Figs. 3-5 and the embodiment shown in Figs. 6 and 6a are considered to abut one another inasmuch as they are adjacent to one another).
Chang is silent as to the material used to form the inboard and outboard wheel segments. As such, Chang fails to expressly disclose the inboard and outboard wheel segments being formed from a polymer-based composition consisting of a copolyether-ester having a melt flow rate of about 0.5 g/10 min or more up to about 10 g/10 min or less as determined at 220°C under a 2.16 kg load according to ISOI133.
HYTREL 4556, however, teaches a polymer-based composition consisting of a copolyether-ester having a melt flow rate of about 0.5 g/10 min or more up to about 10 g/10 min or less as determined at 220°C under a 2.16 kg load according to ISOI133 (note page 1).
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 wheel assembly of Chang by forming its inboard and outboard wheel segments from a polymer-based composition consisting of a copolyether-ester having a melt flow rate of about 0.5 g/10 min or more up to about 10 g/10 min or less as determined at 220°C under a 2.16 kg load according to ISOI133 for its polymer-based composition, such as taught by HYTREL 4556, as a well-known material that would have a reasonable expectation of success in providing predictable material and physical properties, such as exceptional toughness and resilience, high resistance to creep, impact and flex fatigue, and good melt stability.
Regarding claim 2, Chang further discloses the inboard wheel segment connecting surface or the outboard wheel segment connecting surface is singular or plural (evident from Figs. 1-6a).
Regarding claim 3, Chang further discloses the joint extends through the wheel assembly rim surface (evident from Figs. 2, 4, 5 and 6).
Regarding claim 4, Chang further discloses at least one fastener (unlabeled bolt shown in Fig. 7) that couples the inboard and outboard wheel connecting surfaces (paragraph [0045]; Fig. 7).
Regarding claim 6, Chang further discloses the inboard and outboard wheel connecting surfaces each comprise a respective plurality of openings 113, 213, the plurality of openings of the inboard connecting surface being aligned with the plurality of openings of the outboard connecting surface (Figs. 2, 5 and 6).
Regarding claim 7, Chang further discloses the inboard and outboard wheel segment connecting surfaces extend radially inward and perpendicular to the rotational and longitudinal axis of the inboard and outboard tubular bodies (Figs. 2, 5 and 6).
Regarding claim 8, Chang further discloses the inboard and outboard wheel segment connecting surfaces substantially enclose the second inboard and outboard segment ends (Figs. 2, 5 and 6).
Regarding claim 9, Chang further discloses the inboard and outboard wheel segment connecting surfaces enclose the second inboard and outboard segment ends (Figs. 2, 5 and 6).
Regarding claim 10, Chang further discloses the inboard and outboard wheel segment connecting surfaces have at least one mounting bore hole (111, 112 in the embodiment shown in Figs. 1 and 2; 211, 212 in the embodiment shown in Figs. 3-5 and in the embodiment shown in Figs. 6 and 6a) extending therethrough (Figs. 2, 5 and 6).
Regarding claim 11, Chang further discloses the interface of the inboard and outboard connecting surfaces is formed by an intermediate plate (22 in the embodiment shown in Figs. 3-5 and in the embodiment shown in Figs. 6 and 6a).
Regarding claim 13, the method by which the wheel assembly is formed (i.e., injection molded) is not afforded full patentable weight in a product claim (note MPEP 2113).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of HYTREL 4556, as applied to claims 1 and 11 above, and further in view of Cowgill (US 1,334,019; newly cited).
Chang, in the embodiment shown in Figs. 3-5 and in the embodiment shown in Figs. 6 and 6a, fails to expressly disclose the material of the intermediate plate (gasket 22).
Cowgill, however, teaches a wheel assembly in which an intermediate plate or gasket 19 comprises a metal (lines 64-65 of page 1; Fig. 2).
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 wheel assembly of Chang, as modified by HYTREL 4556, by forming its intermediate plate from a metal, such as taught by Cowgill, as a well-known intermediate plate or gasket material that would have a reasonable expectation of success in providing predictable material and physical properties, such as high sealing capability, excellent heat resistance, and good durability.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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
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