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 Objections
Claim 11, line 2, recites “with radially-smaller section” which is grammatically incorrect and should be changed to --with the radially-smaller section--.
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 1-16 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, lines 3-5, recites “a flange extending transverse to a central axis of symmetry and comprising a radially-larger section with a plurality of fixing holes for attaching a wheel and a radially-smaller section projecting axially from the radially-larger section” which is indefinite because it is unclear how the radially-larger section and the radially-smaller section are being determined. They are larger and smaller than what structure? Is the Applicant trying to claim --a flange extending transverse to a central axis of symmetry and comprising first section with a plurality of fixing holes for attaching a wheel and a second section projecting axially from the first section, wherein the first section is radially larger than the second section--?
Claim 9, lines 2-5, recites “a flange extending transverse to the central axis, the flange having a radially-larger section with a plurality of fixing holes for attaching a wheel and being spaced circumferentially about the central axis and a radially-smaller section projecting axially from the radially-larger section” which is indefinite because it is unclear how the radially-larger section and the radially-smaller section are being determined. They are larger and smaller than what structure? Is the Applicant trying to claim --a flange extending transverse to the central axis, the flange having a first section with a plurality of fixing holes for attaching a wheel and being spaced circumferentially about the central axis and a second section projecting axially from the first section, wherein the first section is radially larger than the second section--?
Allowable Subject Matter
Claims 1-16 would be allowable if rewritten or amended 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.
Response to Arguments
Applicant’s arguments with respect to claims 1-16 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617
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