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 because “Figure 2 has reference two references identified as “H2” one with distance arrows and one without”. 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
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 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.
Claim 6-10 and 13-20 is 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 Claims 6, 8, 13 and 17, the recitation “is set base on”, is indefinite as it is unclear what is meant by it. Examiner has interpreted the limit as “extends between”, and suggests the limit be changed thereto the same for greater clarity.
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.
(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) 1-13, 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-7111911-B2 to Baumgartner (“Baumgartner”).
Regarding Claim 1, Baumgartner discloses a wheel assembly (Fig 2) comprising: a wheel portion (15 “wheel disc”) comprising a wheel flange portion (11 integral to 16 hub body, Col 3 lines 62-67) wherein the wheel flange portion comprises a foreign matter discharge portion (41 “openings” having air flow shown by arrows Fig 2-5) having a first discharge surface (S1 directed radially, Annotated Figure 2 “AF2”) and a second discharge surface (S2 WITH “slope” at angle approximately 30 degrees AF2) indented in different directions (Fig 2) on an inner side surface of the wheel flange portion (underlined limit: intended use, not limiting).
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Regarding Claim 2, Baumgartner discloses the wheel assembly of claim 1, further comprising: a hub portion (3: including integral hub flange 11 and body 16) transmitting driving force transmitted through a drive shaft (not shown, known in art to be received inside bearings and connect to hub to drive) to the wheel portion (15), wherein the wheel flange portion is connected to (as described in previous paragraph) the hub portion.
Regarding Claim 3, Baumgartner discloses the wheel assembly of claim 1, wherein the wheel flange portion further comprises a hubcap coupling portion (axially outward end of 16, Fig 2) capable of receiving, connecting to hubcap) connected to a hubcap (not shown, known in the art to enclose outboard end of hub to protect bearings from environment), and the first discharge surface is provided along the inner side surface of the wheel flange portion, and the second discharge surface is provided along an inner side surface of the hubcap coupling portion.
Regarding Claim 4, Baumgartner discloses the wheel assembly of claim 3, wherein the second discharge surface is provided with a predetermined slope (“slope” AF2) with respect to the inner side surface of the hubcap coupling portion.
Regarding Claim 5, Baumgartner discloses the wheel assembly of claim 4, wherein the predetermined slope has an angle of about 8 degrees to about 45 degrees (slope of S2 shown AF2, approximately 30 degrees, thus in this range) relative to the inner side surface of the hubcap coupling portion.
Regarding Claim 6, Baumgartner discloses the wheel assembly of claim 2, further comprising a brake disc portion (1) disposed between the wheel portion and the hub portion, wherein a starting height (“H1”, AF2) of the second discharge surface is set based on [i.e. is between] a surface (outward facing surface of brake , AF2) facing the wheel portion of the brake disc portion.
Regarding Claim 7, Baumgartner discloses the wheel assembly of claim 2, wherein the hub portion comprises a disk guide portion ( a plurality of 21 “cams” on 23 “collar” and , protruding radially outward, Fig 3 forming a cylindrical circumferential spacing, that engage [i.e. guide] 25 “teeth” of disc, and secure disc, Col 3 lines 11-25 Fig 3, 5 ) having a cylindrical shape protruding to one side, wherein the disk guide portion comprises a third discharge surface (surface between cams 21 Fig 3: see flow along arrow Fig 5: from 37 axially inner surface of 45, between cams 21 to 33 ”axial openings” between 25 , thus , Col 4 lines 31-34, Fig 3, 5) formed by indenting an outer circumferential surface (25 have indent on circumferential surface, Fig 3,5) of the one side (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113))
Regarding Claim 8, Baumgartner discloses the wheel assembly of claim 7, further comprising a brake disc portion (1) disposed between the wheel portion and the hub portion, wherein a starting height (“H3 “height of cams: i.e. from base of 21 cams to top of cams, Annotated Fig 3 “AF3”, 5) of the third discharge surface is set based on [i.e. is between] a surface (top of 25 teeth that contact cams, Fig 3 ,5) facing the wheel portion of the brake disc portion.
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Regarding Claim 9, Baumgartner discloses the wheel assembly of claim 7, wherein the third discharge surface is provided in a position (Fig 2, 5) facing the foreign matter discharge portion such that the foreign matter discharge portion and the third discharge surface form a foreign matter movement path (arrows shown Col 5 lines 10-19, Fig 2) through which a foreign matter (air including any foreign matter therein).
Regarding Claim 10, Baumgartner discloses the wheel assembly of claim 7, wherein the third discharge surface has a width (33 has width between 25 teeth, Fig 5, that corresponds to “Wcams” AF2 between each set of adjacent 21 cams that mate with 25, which correspond to “W41” width of each adjacent 41 bounding Wcams AF2, Fig 5) corresponding to a width (“W41” width of each adjacent 41 AF2) of the foreign matter discharge portion.
Regarding Claim 11, Baumgartner discloses a wheel assembly (Fig 2) comprising: a wheel portion (15 “wheel disc”) comprising a wheel flange portion (11 integral to 16 hub body, Col 3 lines 62-67) wherein the wheel flange portion comprises a foreign matter discharge portion (41 “openings” having air flow shown by arrows Fig 2-5); a hub portion (3: including integral hub flange 11 and body 16) connected to the wheel portion, wherein the hub portion has a discharge surface (radially outer recessed in 17 “neck portion” , having air flow arrows “L”, Col 5, lines 10-19, Fig 2) by being indented in a position (the outer surface of 41), corresponding to the foreign matter discharge portion (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)) (underlined limit: intended use, not limiting).
Regarding Claim 12, Baumgartner discloses the wheel assembly of claim 11, further comprising: a brake disc portion (1, Col 4, lines 12-25) connected to the wheel portion and transmitting braking force, wherein the hub portion comprises a disk support portion (23 “collar”, Col 4, lines 18-19, Fig 2) supporting the brake disk portion.
Regarding Claim 13, Baumgartner discloses the wheel assembly of claim 12, wherein positions of the foreign matter discharge portion and the discharge surface are set based on (i.e. located between, Fig 2) a position of a coupling hole portion (13 “bores” in 11 “wheel flange”, Fi2, Col 3 lines 62-65) underlined limit: intended use, not limiting). Refer to Fig 3
Regarding Claim 18, Baumgartner discloses the wheel assembly of claim 11, wherein the discharge surface is formed by forging using an annular mold (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)).
Regarding Claim 19, Baumgartner discloses the wheel assembly of claim 18, wherein the discharge surface adjusts a width by changing a size of a radius of the annular mold (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113); the width of the discharge surface could be changed, as part of modifications by persons skilled in the art, Col 5 lines 59-67).
Regarding Claim 20, Baumgartner discloses the wheel assembly of claim 18, wherein a width of the discharge surface increases or decreases in proportion to an increase or decrease in a radius of the annular mold (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113); the width of the discharge surface could be changed as part of modifications by persons skilled in the art, Col 5 lines 59-67) .
Claim(s) 11, 12, 13, 14, 15, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-6039407-A to Wiacek (“Wiacek”).
Regarding Claim 11, Wiacek discloses a wheel assembly (10 “hub and brake rotor assembly”) comprising: a wheel portion (56) comprising a wheel flange portion (38 “outboard flange” of 14 “hub extender”) having a foreign matter (intended use) discharge portion (38a “tool clearance passageway”, [i.e. a hole that remains open, capable of discharging foreign matter], Fig 3); a hub portion (12 “hub” including 14 “hub extender”) connected to the wheel portion, wherein the hub portion has a discharge surface (40 “hub body” with radially recessed [i.e. indented} portion of 14 “hub extender”, Fig Annotated Fig 2 “AF2”) formed by being indented (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)) in a position corresponding (40 and 38a correspond radially, Fig 2) to the foreign matter discharge portion.
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Regarding Claim 12, Wiacek discloses the wheel assembly of claim 11, further comprising: a brake disc portion (16 “rotor”) connected to (Fig 2) the wheel portion and transmitting braking force (a brake implicitly transmits braking force to components attached thereto), wherein the hub portion comprises a disk support portion (26 “hub flange”) supporting (Fig 2) the brake disk portion.
Regarding Claim 13, Wiacek discloses the wheel assembly of claim 12, wherein positions of the foreign matter discharge portion and the discharge surface are set based on (i.e. located between, Fig 2) a position of a coupling hole portion (13 “bores” in 11 “wheel flange”, Fi2, Col 3 lines 62-65) underlined limit: intended use, not limiting).
Regarding Claim 14, Wiacek discloses the wheel assembly of claim 13, wherein the coupling hole (receiving 52 “mounting stud”) is formed in the wheel portion (56 Fig 2), the brake disk portion (50b), and the hub portion (26a in 12 and 36a in 14), respectively, and the wheel portion (56 indirectly connected via 14 via 56a holes and 60 stud), the brake disk portion (16), and the hub portion (14 and 12) are connected using a coupling bolt (52, Fig 2) penetrating through the coupling hole (Col 3 lines 46-60, Fig 2).
Regarding Claim 15, Wiacek discloses the wheel assembly of claim 13, wherein the foreign matter discharge portion is formed in a number corresponding to that of the coupling hole (Shown Fig 3).
Regarding Claim 16, Wiacek discloses the wheel assembly of claim 12, wherein the foreign matter discharge portion comprises a first discharge surface (S1 circumferentially directed surface of 38a, AF2) formed in a circumferential direction of the wheel portion and a second discharge surface ( S2 upper inner cylindrical hole surface of 38a abutting radially innermost end of 18 wheel, Fig 2) formed in an axial direction.
Regarding Claim 17, Wiacek discloses the wheel assembly of claim 16, wherein a starting height (H2, AF2) of the second discharge surface (S2) and a starting height (H3, AF2) of the discharge surface (40) are set based on [i.e. between AF2] a surface ( “a surface” AF2) facing the wheel portion of the brake disc portion.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Bertetti ( EP-0834670-B1), Lyon (US-3018856-A, US-2760606-A, US-RE24205-E, US-2701037-A, US-2809318-A), White (US-20210039435-A1), Bordere (US-9322443-B2), Dodge (US-2646862-A), Masakyuki (JP-6610441-B2), and Nakamura (CN-102143849-B) disclose wheel assemblies with one or more of: wheels, hubs with flanges, brakes and hubcaps and foreign matter discharge portions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615