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 .
Status of Claims:
Claims 1, 5, 7, 12 are amended.
Claim 8 is cancelled.
Claim 21 is new.
Claim Objections
Claim 21 is objected to because of the following informalities: “removably operably coupled” is grammatically incorrect. It is suggested by Examiner to change the limit to “removably and operably coupled”, for greater clarity. 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.
Claims 1-7, and 9-20 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.
Regarding Claim 1 and 12, the recitation “wherein the front side is disposed radially outward from a center of the cover portion and the back side is disposed radially inward from the center of the cover portion”, is indefinite because the front side (176) and back side (168) of the clip as described in paragraph 25 of the specification of the instant application, and shown Figs 5 and 8, are both radially outward of the center of the wheel. The specification does not identify by callout the center of the wheel, but it is shown in Fig 8.
For the purposes of examining, Examiner has the recitation as “wherein the front side is disposed radially outward from a radial center of the clip and the back side is disposed radially inward from the radial center of the clip ”, and further suggests the n be changed to this.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7 and 9-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-4247152-A to Brown (“Brown”).
Regarding Claim 1, Brown discloses a wheel cover (10) for a wheel (48) of a vehicle (Col 2 lines 1-2, 64-67), the wheel cover comprising: a cover portion (10) comprising an interior surface (left side of 10, Fig 2) that faces inwardly towards the wheel and an exterior surface (right side of 10 Fig 2) that faces outwardly away from the wheel; and a retention assembly (18 “recess”, Col 2 lines 7-23, 39-41, Figs 1-3, 5; with separate 26 “clip” formed of spring steel and mounted therein, Col 2 lines 24-39, 41-63) disposed at the interior surface (Fig 1,2), the retention assembly being configured to operably couple (“act to retain” Col 2 lines 37-38, “engage wall” 47-51, “tightly wedged”, “fixed against movement” 56-64, Fig 1-5) the wheel cover to the wheel, the retention assembly comprising: a first retention clip (26 “clip”, one of four, Col 2 lines 17-19, Fig 4) that extends perpendicularly away from (Fig 2) the interior surface and interfaces (as just described and shown Fig 1-3) with a retention notch (“arcuate juncture” formed between 62 “skirt” and 58 “radial flange”, [i.e. notch], Col 2, lines 65-Col 3, lines 1-3, Fig 2) of the wheel; and a first biasing member (26 “clip” with 30 “body portion”, 30 “return portion/leg portions” with bent portion 38 “tangs” , 34-38, 36 “juncture portions” resilient engaged with 22 “walls of 18, Col 2, lines 52-12, Fig 4 ) separate from (as just described) the first retention clip operably coupled to (groove/notch in rim flange between 50, 54 Fig 2) a front side (28 “surface” having tips of 32, 34 “teeth”, Col 2, line 60,Fig 1, 3) and a back side (radially inner surface of legs 30, Fig 1, 3) of the first retention clip, wherein the front side is disposed radially outward from (Fig 1, 3) radial center of the clip and the back side is disposed radially inward from (Fig 1, 3) the , wherein the front side and back side are orientated opposite one another (Fig 1-3, 5), and wherein the first biasing member biases the first retention clip to operably couple with the retention notch by engaging the front side to urge the back side in a radially outward direction (Col 2 lines 41-45) with respect to the cover portion (for strikeout see paragraph 6 of this document).
Regarding Claim 2, Brown discloses the wheel cover of claim 1, wherein the first retention clip comprises: a first leg (30 “leg/return portion” of 26, left side Fig 5) extending perpendicularly away from (Fig 5) the interior surface; a second leg (30 “leg/return portion” of 26, right side Fig 5) extending perpendicularly away from (Fig 5) the interior surface; an engagement portion (“section of 4 teeth” 32, 34 “rows of teeth”, Col 2 lines 31-34, 60, Col 3lines 6-11) disposed at a distal end (FIG 2, 5) of the first and second legs, the engagement portion being configured to operably couple with (Col 2, lines 58-63, Fig 5) the retention notch; and a base portion (28 “body”) operably coupled to (fig 1, 2, 5) the first leg, the second leg, and the interior surface to support the first retention clip, wherein the first biasing member is operably coupled to (Fig 1, 3, 5) each of the base portion and the engagement portion of the first retention clip to bias (as described in paragraph 9 of this document) the engagement portion into the retention notch.
Regarding Claim 3, Brown discloses the wheel cover of claim 2, wherein the engagement portion comprises an engagement projection (each tooth of each of 32, 34 “rows of teeth”, described in paragraph 9 of this document) that engages the retention notch of the wheel to retain the wheel cover on the wheel.
Regarding Claim 4, Brown discloses the wheel cover of claim 2, wherein the base portion, the first leg, the second leg, and the engagement portion each comprise locking members (“prevent movement” Col 2 line 62, “act to retain” Col 2 line 37, “bitingly engage” Col 3 line 7, “retains against radial and axial movement…engages to lockingly retain” Col 8-10 “prevent movement”, Col 3 lines 20-22) to operably couple to the first biasing member.
Regarding Claim 5, Brown discloses the wheel cover of claim 4, wherein the first biasing member operably couples to the locking members and to the cover portion via a snap fit (30 deflect inwardly… 38 are deflected outwardly, engaging 40 wall and to seat on 42 ribs and wedgingly retained”, Col 2, lines 34-47, Fig 5)).
Regarding Claim 6, Brown discloses the wheel cover of claim 2, wherein the base portion comprises a first flange (38 “tang” left Fig 5) operably coupled to (where leg extends from 28 body) the first leg and a second flange (38 “tang” right Fig 5) operably coupled to (where leg extends from 28 body) the second leg, wherein the first flange and the second flange distribute stress forces (legs resiliently bend when clip is installed, 38 tang applies compressive load to 16, 22 and 40 “walls”) from the first and second legs.
Regarding Claim 7, Brown discloses the wheel cover of claim 2, wherein the first leg and the second leg are operably coupled to each other at the engagement portion, or wherein the first and second legs are symmetrical about a longitudinal axis of the first retention clip. Specifically, that later case of the or” the first and second legs are symmetrical as shown Fig 1, 4, 5).
Regarding Claim 9, Brown discloses the wheel cover of claim 1, wherein the retention assembly comprises a plurality of retention and biasing members disposed at the interior surface, and wherein each retention clip of the plurality of retention clips is operably coupled to a respective biasing member (as described in paragraph 9 of this document).
Regarding Claim 10, Brown discloses the wheel cover of claim 9, wherein the plurality of retention clips are disposed radially around the interior surface and spaced apart equidistantly from each other (“about its peripheral surface” Col 2 lines 17-19, Fig 1; it is known in the art to space circumferentially plurality of parts located about/on a peripheral surface of a circular part).
Regarding Claim 11, Brown discloses the wheel cover of claim 1, wherein the retention assembly further comprises a plurality of spacer members (22 “walls”, Fig 1, 2) disposed radially around the interior surface, and wherein the spacer members contact the wheel (at 60/62, Fig 2) to space apart the cover portion from the wheel.
Regarding Claim 12, Brown discloses a retention assembly (18 “recess”, Col 2 lines 7-23, 39-41, Figs 1-3, 5; with separate 26 “clip” formed of spring steel and mounted therein, Col 2 lines 24-39, 41-63) for operably coupling a wheel cover (10) to a wheel (48) of a vehicle (Col 2 lines 1-2, 64-67) the retention assembly comprising: a first retention clip (26 “clip”, one of four, Col 2 lines 17-19, Fig 4) that extends perpendicularly away from (Fig 2) the interior surface and interfaces (as just described and shown Fig 1-3) with a retention notch (“arcuate juncture” formed between 62 “skirt” and 58 “radial flange”, [i.e. notch], Col 2, lines 65-Col 3, lines 1-3, Fig 2) of the wheel; and a first biasing member (26 “clip” with 30 “body portion”, 30 “return portion/leg portions” with bent portion 38 “tangs” , 34-38, 36 “juncture portions” resilient engaged with 22 “walls of 18, Col 2, lines 52-12, Fig 4 ) separate from (as just described) the first retention clip operably coupled to (groove/notch in rim flange between 50, 54 Fig 2) a front side (28 “surface” having tips of 32, 34 “teeth”, Col 2, line 60,Fig 1, 3) and a back side (radially inner surface of legs 30, Fig 1, 3) of the first retention clip, wherein the front side is disposed radially outward from (Fig 1, 3) radial center of the clip and the back side is disposed radially inward from (Fig 1, 3) the , wherein the front side and back side are orientated opposite one another (Fig 1-3, 5), and wherein the first biasing member biases the first retention clip to operably couple with the retention notch by engaging the front side to urge the back side in a radially outward direction (Col 2 lines 41-45) with respect to the cover portion (for strikeout see paragraph 6 of this document).
Regarding Claim 13, Brown discloses the retention assembly of claim 12, wherein the first retention clip comprises: a first leg (30 “leg/return portion” of 26, left side Fig 5) extending perpendicularly away from (Fig 5) the interior surface; a second leg (30 “leg/return portion” of 26, right side Fig 5) extending perpendicularly away from (Fig 5) the interior surface; an engagement portion (“section of 4 teeth” 32, 34 “rows of teeth”, Col 2 lines 31-34, 60, Col 3lines 6-11) disposed at a distal end (FIG 2, 5) of the first and second legs, the engagement portion being configured to operably couple with (Col 2, lines 58-63, Fig 5) the retention notch; and a base portion (28 “body”) operably coupled to (fig 1, 2, 5) the first leg, the second leg, and the interior surface to support the first retention clip, wherein the first biasing member is operably coupled to (Fig 1, 3, 5) each of the base portion and the engagement portion of the first retention clip to bias (as described in paragraph 19 of this document) the engagement portion into the retention notch.
Regarding Claim 14, Brown discloses the retention assembly of claim 13, wherein the engagement portion comprises an engagement projection (each tooth of each of 32, 34 “rows of teeth”, described in paragraph 19 of this document) that engages the retention notch of the wheel to retain the wheel cover on the wheel.
Regarding Claim 15, Brown discloses the retention assembly of claim 13, wherein the base portion, the first leg, the second leg, and the engagement portion each comprise locking members (“prevent movement” Col 2 line 62, “act to retain” Col 2 line 37, “bitingly engage” Col 3 line 7, “retains against radial and axial movement…engages to lockingly retain” Col 8-10 “prevent movement”, Col 3 lines 20-22) to operably couple to the first biasing member.
Regarding Claim 16, Brown discloses the retention assembly of claim 13, wherein the base portion comprises a first flange (38 “tang” left Fig 5) operably coupled to (where leg extends from 28 body) the first leg and a second flange (38 “tang” right Fig 5) operably coupled to (where leg extends from 28 body) the second leg, wherein the first flange and the second flange distribute stress forces (legs resiliently bend when clip is installed, 38 tang applies compressive load to 16, 22 and 40 “walls”) from the first and second legs.
Regarding Claim 17, Brown discloses the retention assembly of claim 13, wherein the first leg and the second leg are operably coupled to each other at the engagement portion (30 coupled via the 28 body, which has engagement portion: 32,34 rows of teeth located thereon, Fig 4), and wherein the first and second legs are symmetrical about a longitudinal axis of the first retention clip (as shown Fig 1, 4, 5).
Regarding Claim 18, Brown discloses the retention assembly of claim 12, wherein the retention assembly comprises a plurality of retention and biasing members disposed at the interior surface, and wherein each retention clip of the plurality of retention clips is operably coupled to a respective biasing member (as described in paragraph 19 of this document).
Regarding Claim 19, Brown discloses the retention assembly of claim 18, wherein the plurality of retention clips are disposed radially around the interior surface and spaced apart equidistantly from each other (“about its peripheral surface” Col 2 lines 17-19, Fig 1; it is known in the art to space circumferentially plurality of parts located about/on a peripheral surface of a circular part).
Regarding Claim 20, Brown discloses the retention assembly of claim 12, wherein the retention assembly further comprises a plurality of spacer members (22 “walls”, Fig 1, 2) disposed radially around the interior surface, and wherein the spacer members contact the wheel (at 60/62, Fig 2) to space apart the cover portion from the wheel.
Regarding Claim 21, Brown discloses a wheel cover (10) for a wheel (48) of a vehicle (Col 2 lines 1-2, 64-67), the wheel cover comprising: a cover portion (10) comprising an interior surface (left side of 10, Fig 2) that faces inwardly towards the wheel and an exterior surface (right side of 10 Fig 2) that faces outwardly away from the wheel; and a retention assembly (18 “recess”, Col 2 lines 7-23, 39-41, Figs 1-3, 5; with separate 26 “clip” formed of spring steel and mounted therein, Col 2 lines 24-39, 41-63) disposed at the interior surface (Fig 1,2), the retention assembly being configured to operably couple (“act to retain” Col 2 lines 37-38, “engage wall” 47-51, “tightly wedged”, “fixed against movement” 56-64, Fig 1-5) the wheel cover to the wheel, the retention assembly comprising: a first retention clip (26 “clip”, one of four, Col 2 lines 17-19, Fig 4) that extends perpendicularly away from (Fig 2) the interior surface and interfaces (as just described and shown Fig 1-3) with a retention notch (“arcuate juncture” formed between 62 “skirt” and 58 “radial flange”, [i.e. notch], Col 2, lines 65-Col 3, lines 1-3, Fig 2) of the wheel; and a first biasing member (26 “clip” with 30 “body portion”, 30 “return portion/leg portions” with bent portion 38 “tangs” , 34-38, 36 “juncture portions” resilient engaged with 22 “walls of 18, Col 2, lines 52-12, Fig 4 ) removably and operably coupled to (via inserting [i.e. or removing] into groove/notch in rim flange between 50, 54 Fig 2) a front side (28 “surface” having tips of 32, 34 “teeth”, Col 2, line 60,Fig 1, 3) and a back side (radially inner surface of legs 30, Fig 1, 3) of the first retention clip, wherein the first biasing member biases the first retention clip to operably couple with the retention notch by engaging the front side to urge the back side in a radially outward direction (Col 2 lines 41-45) with respect to the cover portion.
The prior art made of record and not relied upon, listed on PTO-892 is considered pertinent to applicant's disclosure, disclosing at least one of: a wheel cover for a wheel, a clip, a biasing member, received in recess of wheel to retain cover thereon.
Response to Arguments
Applicant’s arguments, see Remarks, filed 07/01/2026, with respect to rejections of claims 1-20 under 35 USC 102(a)(2) or 35 USC 103, have been considered but are moot because amendments to claims, to which a new set of rejections in included herein.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
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