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 § 112
Claims 1-6 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.
The following claims are vague, indefinite, awkwardly, confusingly worded and/or lacking proper antecedent basis:
“ a shaft portion, sized to fit within a stud hole in a wheel and to support a weight of the wheel” in claim 1. The Wheel is not part of the device so how can you even determine size with the wheel since a car wheel is smaller than a truck wheel. All devices are sized to go with a workpiece especially when the workpiece can be any size. Therefore the claim is indefinite awkwardly worded since the wheel does not further limit the device which also gets into 112 th fourth considerations. But it will be treated here under 112 second since it covers the same point.
Claim Rejections - 35 USC § 102
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 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- 6 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Wong 5329834
Wong discloses the claimed invention as recited in the claims and shown below:
A wheel mounting guide bar comprising:
a shaft portion 24;
a sleeve portion 10, the sleeve portion sized to fit a stud on a wheel hub; and
a connector 12 &13 connecting the shaft portion to the sleeve portion 12 & 13, the connector enabling the
sleeve portion to move with respect to the shaft portion.
2. The wheel mounting guide bar of Claim 1 further comprising:
a handle portion 80, the handle portion connected to the shaft portion at an end of the shaft
portion opposite the sleeve portion.
3. The wheel mounting guide bar of Claim 1 further comprising:
a second sleeve portion 12 &13; and
a second connector, the second connector connected the second sleeve portion to the
shaft portion at an end of the shaft portion opposite the sleeve portion 12 & 13 .
4.The wheel mounting guide bar of Claim 3 further comprising:
a guard portion 26, the guard portion surrounding a portion of the shaft portion.
5.The wheel mounting guide bar of Claim 4 wherein the guard portion is a rubber guide
Portion 26 rubber.
6. The wheel mounting guide bar of Claim 1 wherein the sleeve portion comprises a hollow 10 which is a chuck and holds elements such as screw drivers
portion for receiving a stud located on a wheel hub of a vehicle.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by M. Orey et al 2549516.
M Orey et al disclose the claimed invention as recited in the claims and shown below:
A wheel mounting guide bar comprising:
a shaft portion 1000;
a sleeve portion 3000, the sleeve portion sized to fit a stud on a wheel hub; and
a connector 1 connecting the shaft portion to the sleeve portion, the connector enabling the
sleeve portion to move 3 with respect to the shaft portion.
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2. The wheel mounting guide bar of Claim 1 further comprising:
a handle portion 2000, the handle portion connected to the shaft portion at an end of the shaft
portion opposite the sleeve portion.
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3. The wheel mounting guide bar of Claim 1 further comprising:
a second sleeve portion 3000; and
a second connector (part of connector 1 which is 14 first side and second side which is 14 a mirror side), the second connector connected the second sleeve portion to the
shaft portion at an end of the shaft portion opposite the sleeve portion.
4, The wheel mounting guide bar of Claim 3 further comprising:
a guard portion, the guard portion surrounding a portion of the shaft portion.
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6. The wheel mounting guide bar of Claim 1 wherein the sleeve portion comprises a hollow 9
portion for receiving a stud located on a wheel hub of a vehicle.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Thayer 1358037.
Thayer discloses the claimed invention as recited in the claims and shown below:
A wheel mounting guide bar comprising:
a shaft portion 1;
a sleeve portion 3 Top in Fig.1, the sleeve portion sized to fit a stud on a wheel hub; and
a connector 3 Bottom Fig.3 connecting the shaft portion to the sleeve portion 7 and 7, the connector enabling the
sleeve portion to move with respect to the shaft portion.
2. The wheel mounting guide bar of Claim 1 further comprising:
a handle portion 2 & 5, the handle portion connected to the shaft portion at an end of the shaft
portion opposite the sleeve portion.
3. The wheel mounting guide bar of Claim 1 further comprising:
a second sleeve portion 14; and
a second connector, the second connector connected the second sleeve portion to the
shaft portion at an end of the shaft portion opposite the sleeve portion 7 and 7 .
4.The wheel mounting guide bar of Claim 3 further comprising:
a guard portion area surrounding element 6, the guard portion surrounding a portion of the shaft portion.
5.The wheel mounting guide bar of Claim 4 wherein the guard portion is a rubber guide
portion.
6. The wheel mounting guide bar of Claim 1 wherein the sleeve portion comprises a hollow 13 see Fig. 3
portion for receiving a stud located on a wheel hub of a vehicle.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Engel 5201257..
Engel discloses the claimed invention as recited in the claims and shown below:
A wheel mounting guide bar comprising:
a shaft portion 42;
a sleeve portion 51, the sleeve portion sized to fit a stud on a wheel hub; and
a connector 46 & 47 connecting the shaft portion to the sleeve portion, the connector enabling the
sleeve portion to move with respect to the shaft portion.
2. The wheel mounting guide bar of Claim 1 further comprising:
a handle portion 43, the handle portion connected to the shaft portion at an end of the shaft
portion opposite the sleeve portion.
3. The wheel mounting guide bar of Claim 1 further comprising:
a second sleeve portion; and
a second connector 59, the second connector connected the second sleeve portion to the
shaft portion at an end of the shaft portion opposite the sleeve portion.
4.The wheel mounting guide bar of Claim 3 further comprising:
a guard portion 64, the guard portion surrounding a portion of the shaft portion.
The wheel mounting guide bar of Claim 4 wherein the guard portion is a rubber guide
portion.
6. The wheel mounting guide bar of Claim 1 wherein the sleeve portion comprises a hollow 52
portion for receiving a stud located on a wheel hub of a vehicle .
Response to Arguments
Applicant's arguments filed 8/28/26 have been fully considered but they are not persuasive.
The Applicant amended the claims inorder to place them in condition for allowance.
The applicant sites a workpiece in reference to the device which is not part of the invention. The device is always sized to work on a workpiece. There are so many different size wheels out there that this is always true.
The amendments do not change the structure or the focus of the rejections.
Therefore the rejections are Final.
Conclusion
THIS ACTION IS MADE FINAL. 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 LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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, BRIAN KELLER can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 September 10, 2026
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