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 as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character) “3 in Figure 4” has been used to designate both hub and screw. The specification designates reference character 3 for the hub, and designates reference character 9 for the screw..
No Figure shows “a rim of a vehicle wheel, and/or a brake disc” (limits of claims 4, 12 and 13).
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. 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 1-20 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 claims 1-3, 10-11, the phrase “the screw head, preferably a head underside of the screw head,” renders the claim indefinite because it is unclear whether the limitations following the word are part of the claimed invention, because the word “preferably” implies the limits following are preferred but not required, possibly optional or not limiting. See MPEP § 2173.05(d). It is suggested by the Examiner to change the recitation to “the screw head, at an underside of the screw head” For the purposes of examining Examiner has interpreted the word “preferably” to be an extraneous word, and they limits following to be part of the claimed invention, as such the word preferably will be shown in strikeout font.
Regarding claims 1-4, 6-9, 11-13, and 17-20, the phrase “preferably” renders the claim indefinite because it is unclear whether the limitations following the word are part of the claimed invention, because the word “preferably” implies the limits following are preferred but not required, possibly optional or not limiting. See MPEP § 2173.05(d). For the purposes of examining Examiner has interpreted the word “preferably” to be an extraneous word, and they limits following to be part of the claimed invention, as such the word preferably will be shown in strikeout font.
Regarding claim 9, the recitation of “a wheel bearing arrangement”, has prior antecedent basis from claim 1. It is suggested by the Examiner to change the recitation to “the wheel bearing arrangement” 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) 1-3, 5-6, 9-11, 14-15, 17-18, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DE-102019128622- A1 by Brahler (“Brahler”).
Regarding Claim 1, Brahler (For N has Figs 1-4; and NPL U “English Translation espace.net Paragraphs 1-26, Figs 1-4) discloses a wheel bearing arrangement (1), a cardan shaft (2 “shaft” connected in one piece to 17 “joint bell” para 16, 19, Fig 1), a wheel hub (3), a screw (4 “central screw” with 11 “threaded shaft”) with a screw head (Fig 1), and a pretensioning element (5 “spring element” including 8a “first flange”, 8b “second flange”, 9 “ring section”, 10 “central opening“,13 “spring arms” [i.e. tabs] between each pair of adjacent 12 “slots” [i.e. recesses], Para 7, 19, 21, Figs 1-3), wherein the wheel hub is connected to (Para 19, Fig 1) the cardan shaft by the screw (Para 19, Fig 1), wherein the pretensioning element is arranged and/or braced between (Fig 1, 3) the screw head, at an underside of the screw head and the wheel hub (Para 7, 13, Fig 1, 3).
Regarding Claim 2, Brahler discloses the wheel bearing arrangement according to claim 1, wherein the pretensioning element has a, (8b “second flange”, Para 7, 19, 21) which is arranged and/or braced between, the screw head, at an underside of the screw head (as described in paragraph 11 of this document), and the wheel hub and/or the cardan shaft has a cardan shaft spur toothing (6b “gear teeth” on 2 “shaft”, Para 5, 19, 22, Fig 1) which is in meshing engagement with a wheel hub spur toothing (6a “gear teeth” on 3 “hub”, Para 5, 19, 22, Fig 1) of the wheel hub.
Regarding Claim 3, Brahler discloses the wheel bearing arrangement according to claim 1, wherein the pretensioning element, a spring portion (8b “second flange” with 13 “spring arms)” of the pretensioning element, is supported on the wheel hub, a centering contour (9 contacts inner diameter of hub, Para 7, Fig 1, 3 ) of the wheel hub, and exerts an axial force on the screw head, at an underside (Fig 1, 3) of the screw head, during assembly and/or mounting of the wheel bearing arrangement, wherein it is provided that the pretensioning element exerts the axial force (“second flange section (8b of 5) introduces mechanical energy from elastic deformation, and to introduce it as an axial force onto the central screw”, Para 7), (axially outward curve of 8b upon axially inward underside of head of 4, Para 7, 21, 22 Fig 2, 3).
Regarding Claim 5, Brahler discloses the wheel bearing arrangement according to claim 1, wherein the spring portion is formed by spring tabs (13 ”spring arm” extending at 8b “second flange” of 5 “spring element”, Para 21-22, Figs 1-3), which are arranged distributed in the circumferential direction (Para 21, Fig 2) around a pretensioning element passage (10 “central opening” of 5 “spring element”, Para 20, Fig 1, 2) and are spaced apart from one another with interposition of slot-shaped recesses.
Regarding Claim 6, Brahler discloses the wheel bearing arrangement according to claim 1, wherein the pretensioning element has a base portion (9 “ring section” between 8a and 8b, “radially supported on hub” , Para 21-22, Fig 1-3) and a, conical, cone portion (annular conical shape of portion of 8b, extending at incline between axial and radial directions having curves at each end of incline that contact [i.e. abut] inner hub hole and underside of screw head, Figs 1-3, Para 12, 13, 21, 22, Fig 1, 3), and the base portion and/or the cone portion and/or the sleeve portion are in abutment connection (just described, Fig 1, 3) with the wheel hub, with a centering contour (inner diameter of hub hole Fig 1, 3) of the wheel hub.
Regarding Claim 9, Brahler discloses the vehicle (Para 4 line 1) with the wheel bearing arrangement according to claim 1.
Regarding Claim 10, Brahler discloses a method for mounting the wheel bearing arrangement according to claim 1, comprising: a preparation step, in which the cardan shaft, the wheel hub, the pretensioning element and the screw are provided (wheel bearing unit comprises…shaft, hub, screw, spring are arranged [and thus provided] coaxially to eachother”, Para 4) a pre-assembly step, in which the wheel hub and the cardan shaft are guided towards each other and/or brought closer together (Para 4, inserted installed engaged, screwed and moved by spring????), and in which the screw is partially screwed into the internal thread of the cardan shaft, and a final mounting step in which the screw is screwed further into the internal thread and tightened (“shaft has central threaded bore into which the central screw is screwed for clamping the hub to shaft”, Para 4, “screwing central screw into threaded hole on the shaft, the teeth (of shaft and hub) aligned to mesh, pressed together and engage, thus clamping shaft to hub” Para 5) with a predefined tightening torque (no specific torque disclosed, but implicit to be what would be required to screw the screw, deform the spring to preload and engage the teeth of hub and shaft, to achieve: a position of tooth alignment of the two teeth is avoided when fully assembled”, “axial force onto the central screw in order to preload the toothing on shaft against toothing on wheel hub”, Para 5- 7), wherein the pretensioning element is arranged and/or braced between (as described in paragraph 11 of this document ) the screw head, at an underside of the screw head, and the wheel hub.
Regarding Claim 11, Brahler discloses the wheel bearing arrangement according to claim 2, wherein the pretensioning element, a spring portion (8b “second flange” with 13 “spring arms)” of the pretensioning element, is supported on the wheel hub, a centering contour (9 contacts inner diameter of hub, Para 7, Fig 1, 3 ) of the wheel hub, and exerts an axial force on the screw head, at an underside (Fig 1, 3) of the screw head, during assembly and/or mounting of the wheel bearing arrangement, wherein it is provided that the pretensioning element exerts the axial force (“second flange section (8b of 5) introduces mechanical energy from elastic deformation, and to introduce it as an axial force onto the central screw”, Para 7), (axially outward curve of 8b upon axially inward underside of head of 4, Para 7, 21, 22 Fig 2, 3).
Regarding Claim 14, Brahler discloses the wheel bearing arrangement according to claim 2, wherein the spring portion is formed by spring tabs (13 ”spring arm” extending at 8b “second flange” of 5 “spring element”, Para 21-22, Figs 1-3), which are arranged distributed in the circumferential direction (Para 21, Fig 2) around a pretensioning element passage (10 “central opening” of 5 “spring element”, Para 20, Fig 1, 2) and are spaced apart from one another with interposition of slot-shaped recesses.
Regarding Claim 15, Brahler discloses the wheel bearing arrangement according to claim 3, wherein the spring portion is formed by spring tabs (13 ”spring arm” extending at 8b “second flange” of 5 “spring element”, Para 21-22, Figs 1-3), which are arranged distributed in the circumferential direction (Para 21, Fig 2) around a pretensioning element passage (10 “central opening” of 5 “spring element”, Para 20, Fig 1, 2) and are spaced apart from one another with interposition of slot-shaped recesses..
Regarding Claim 17, Brahler discloses the wheel bearing arrangement according to claim 2, wherein the pretensioning element has a base portion (9 “ring section” between 8a and 8b, “radially supported on hub” , Para 21-22, Fig 1-3) and a, annular conical shape of portion of 8b, extending at incline between axial and radial directions having curves at each end of incline that contact [i.e. abut] inner hub hole and underside of screw head, Figs 1-3, Para 12, 13, 21, 22, Fig 1, 3), and the base portion and/or the cone portion and/or the sleeve portion (italicized limits being the latter part of and/or do not apply) are in abutment (just described, Fig 1, 3) connection with the wheel hub, inner diameter of hub hole Fig 1, 3) of the wheel hub.
Regarding Claim 18, Brahler discloses the wheel bearing arrangement according to claim 3, wherein the pretensioning element has a base portion (9 “ring section” between 8a and 8b, “radially supported on hub” , Para 21-22, Fig 1-3) and a, annular conical shape of portion of 8b, extending at incline between axial and radial directions having curves at each end of incline that contact [i.e. abut] inner hub hole and underside of screw head, Figs 1-3, Para 12, 13, 21, 22, Fig 1, 3), and the base portion and/or the cone portion and/or the sleeve portion (italicized limits being the latter part of and/or do not apply) are in abutment (just described, Fig 1, 3) connection with the wheel hub, inner diameter of hub hole Fig 1, 3) of the wheel hub.
Regarding Claim 20, Brahler discloses the wheel bearing arrangement according to claim 5, wherein the pretensioning element has a base portion (9 “ring section” between 8a and 8b, “radially supported on hub” , Para 21-22, Fig 1-3) and a, annular conical shape of portion of 8b, extending at incline between axial and radial directions having curves at each end of incline that contact [i.e. abut] inner hub hole and underside of screw head, Figs 1-3, Para 12, 13, 21, 22, Fig 1, 3), and the base portion and/or the cone portion and/or the sleeve portion (italicized limits being the latter part of and/or do not apply) are in abutment (just described, Fig 1, 3) connection with the wheel hub, inner diameter of hub hole Fig 1, 3) of the wheel hub.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brahler as applied to claim 1 above, and further in view of US-20130322804-A1 to Von Schleinitz (“Von Schleinitz”).
Regarding Claim 7, Brahler discloses the wheel bearing arrangement according to claim 1, but does not disclose wherein the wheel bearing arrangement has an entrainment means and/or an entrainment means is assigned to the wheel bearing arrangement, wherein it is a thread friction between an external thread of the screw and an internal thread of the cardan shaft to increase with respect to an external thread of the screw, at least in portions.
Von Schleinitz discloses an entrainment means (5 “friction coating” including lacquer and 6 “hard material grains”) that causes increased friction between an first abutment surface and a second abutment (Para 69, 75).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel bearing arrangement and the lacquer coating that increases friction upon surfaces on which is applied, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wheel bearing of Brahler arrangement and teaching of the lacquer coating that increases friction upon surfaces on which is applied of Von Schleinitz, to modify the threaded surfaces of the screw and cardan shaft (of Brahler) such that each has a lacquer coating that increases friction thereon [i.e. forming a screw locking lacquer coating], with the motivation to increase the friction between the threads of the screw and cardan shaft to improve the connection for an improved mechanical stability (Para 2b, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 8, the combination of Brahler and Von Schleinitz discloses the wheel bearing arrangement according to claim 7, wherein the entrainment means is formed by a coating, a screw locking lacquer (as described in paragraph 27 of this document) , which is applied to the screw, and/or the entrainment means is formed in that a diameter of the external thread, a thread pitch of an external thread of the screw deviates by a pitch deviation from a thread pitch of the internal thread of the cardan shaft (italicized limits following and/or are not relevant, as the limit prior to the and/or are instead).
Allowable Subject Matter
Claims 4, 12, 13, 16 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowable subject matter: The prior art fails to disclose, teach or make obvious the following limits of Claims 4, 12, 13:
Regarding Claims 4, 12 and 13, the primary references applied do not teach a structure analogous to: the wheel bearing arrangement according to claim 1, wherein the pretensioning element has a sleeve portion, and the sleeve portion, an outer circumferential surface of the sleeve portion, forms a wheel centering surface for a vehicle wheel, for a rim of a vehicle wheel, and/or a brake disc.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Cermak (US-20090230759-A1), Savarese (US-20060244303-A1), Langer (DE-102009051930-A1), Niebling (DE-19543436-C2), Brokholc (EP-1508710-B1), Matsushima (JP-2007332509-A), Ogawa (JP-2008230372-A), Fischer (WO-2008128515-A1) and Kaiser (DE-102022101120-B3) disclose wheel bearing arrangement including one or more of: a screw, cardan shaft and hub with complementary toothings, a pretensioning element having one or more of a base portion, conical portion, spring tabs, recesses abutting the screw and hub, a centering surface for a vehicle wheel, rim or brake disc.
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
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