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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
in claim 3 “wheel drive means”. Further claims 1, 2, 5, 8 and 9 do not further claim a generic function after the “means” term necessary to invoke 112(f).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 8-10 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 8, the recitation of “a second” wheel unit structure, “a second” mounting shaft and a “second” through hole is confusing and awkward since “a first” wheel-unit structure, mounting shaft or though hole was not recited for previously.
Re-claims 9 and 10, also contains a similar problems as noted with respect to claim 8, namely the claims recite “a second” housing, second electric motor, a second gear set, a second shaft sleeve, a second external spline.
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) 1-6 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG pub 2018/0229135 to Cao et al.
Regarding claim 1 Cao et al discloses: a wheel (210) of a remote-controlled toy vehicle, comprising: a wheel body (210, 260, 280, 230) ; and a wheel drive means 242; wherein the wheel body comprises an inner cavity (note an inner cavity is formed via hubs 230, 232 and/or the wheel treads 162 in both of the wheels 260 and 280- see figs 3, 5 and fig 6 and [0034-0035]), a rolling component 260, and a coupling component 280; wherein the rolling component is rotatably mounted on the coupling component and in transmission connection with a power output end 212 of the wheel drive means 242; and wherein the wheel drive means is mounted on the coupling component and positioned within the inner cavity (note wheel drive means 242 as shown in fig 6 is located within the rolling component 260, however in the assembled state of the wheel body (210, 260, 280) as shown in figure 3 & paragraph [0038] would result in the drive means 242 being “mounted” on the coupling component 280 and positioned within the inner cavity (see figs 3 & 5).
Re-claim 2, Cao et al discloses: the wheel of a remote-controlled toy vehicle as claimed in claim 1, wherein the rolling component and the coupling component jointly form a first wheel-unit structure having the inner cavity (see fig 3 and note rolling component and coupling component 260, 280 jointly form a first wheel unit structure 210 with inner cavity 230, 232 and/or 162), with a main body of the wheel drive means being mounted within the coupling component (see above discussion in claim 1 above); and wherein the wheel drive means is provided with a first mounting shaft 212, enabling the rolling component 260 to be rotatably sleeved onto the first mounting shaft to establish a transmission connection with the power output end of the wheel drive means (see para [0038] and note figs 3& 6).
Re-claim 3, Cao et al discloses: the wheel of a remote-controlled toy vehicle as claimed in claim 2, wherein the wheel drive means 242 comprises a first housing 232, fixedly mounted on the coupling component 280 (note fig 3 and note discussion above in claim 1) , and a first electric motor 244 and a first gear set 246 that are respectively arranged in the first housing; wherein the first mounting shaft 212 is positioned on the first housing (see [0038] and note figs 3 and 6); wherein an initial gear of the first gear set is mounted onto an output shaft of the first electric motor; and wherein a final gear of the first gear set is rotatably sleeved onto the first mounting shaft and connected to the rolling component (note figure 6 and para [0038] shows a first gear set and final gear rotatably sleeved onto the first mounting shaft 212 connected to rolling component 260) .
Re-claim 4, Cao et al discloses: the wheel of a remote-controlled toy vehicle as claimed in claim 3 wherein a first shaft sleeve with a first external spline is positioned on a gear end face of the final gear of the first gear set and rotatably sleeved onto the first mounting shaft (note figure 6 shows that the shaft 212 is coupled to the gear train 246 via a spline see darker colored end of shaft 212 which is broadly readable as being splined); and wherein the rolling component is provided with a first internal splined hole capable of engaging with the first external spline on the first shaft sleeve (note these claimed features of the gears and splines are readily apparent in figure 6).
Re-claim 5, Cao et al discloses: the wheel of a remote-controlled toy vehicle as claimed in claim 4, wherein the coupling component 280 comprises a first fixing member (spherical section of 280) and a second fixing member (tread 162 of spherical section 280 (see fig 5 for exploded wheel configuration); wherein the rolling component (260) comprises a first rolling member ( tread 162 of 260 that engages the ground)and a second rolling member (spherical portion of 260); wherein the first fixing member, the first rolling member, the second fixing member, and the second rolling member are arranged in a right-to-left sequence to form the first wheel-unit structure (210 and note figure 3 shows a right to left sequence as viewed from the top of unit); wherein a first connecting member (234 associated with element 232 i.e. left half of 234 as seen in fig 3) is provided on the first fixing member (spherical section of 280), and a second connecting member (right half of 234) matching the first connecting member is provided on the second fixing member ( tread 162- and note due to the breadth of the claim language since figure 3 coupling component 280 interconnected with the connecting members 234 via elements 232 & 230), so that the first fixing member is fixedly connected to the second connecting member on the second fixing member through the first connecting member; wherein the wheel drive means is fixedly mounted within the first fixing member (see fig 6); wherein a third connecting member is provided on the first rolling member, and a fourth connecting member matching the third connecting member is provided on the second rolling member (see wheel assembly exploded view of fig 5 shows the wheel tread 162 connects to spherical section of the wheel which would form the corresponding third and fourth connecting members), so that the first rolling member is fixedly connected to the fourth connecting member on the second rolling member through the third connecting member; and wherein the first internal splined hole is provided on either the first rolling member or the second rolling member (note due to the interconnection of the wheel halves 260 and 280, they would inherently have the corresponding third and fourth connection members on each of the corresponding first and second rolling members with the respective internal splined hole either on the first or second rolling members and as shown in fig 3).
Re-claim 6, Cao et al discloses: the wheel of a remote-controlled toy vehicle as claimed in 5, wherein one side edge of the first rolling member (tread 162 of wheel 260) is provided with a first annular protruding ridge or a first annular groove (see fig 5 exploded view of the wheel tread 162 that has either the protruding ridge or groove that would interconnect the spherical section); and wherein the first fixing member (spherical section 280) or the second fixing member (tread 162 of spherical section 280 – see fig 5) is provided with a second annular groove or a second annular protruding ridge matching the first annular protruding ridge or the first annular groove (note protruding ridge or groove in tread 162 in wheel 280 and spherical section of the wheel as depicted in figure 5 and 3 is identical in structure to that of the opposite wheel 260 which would then have “matching” size ridges and/or grooves. Further applicant did not specifically claim that such ridges and/or grooves to be “connected” to one another).
Re-claim 8, Cao et al discloses: the wheel of a remote-controlled toy vehicle as claimed in claim 1, wherein the rolling component (260) forms a second wheel-unit structure having the inner cavity and a second through hole (see fig 3 shows rolling component 260 as a “second wheel unit” with an inner cavity formed from either the wheel tread 162, spherical section and/or hub 230); and wherein the wheel drive means 242 is provided with a second mounting shaft 212, with one end of the second mounting shaft extending through the second through hole (see fig 6 and shaft 212 extends through second hole in wheel 260) to an outside of the rolling component and being fixedly connected to the coupling component , enabling the rolling component to be rotatably sleeved onto the second mounting shaft to connect with the power output end of the wheel drive means (see [0038] that explains the connection of shaft 212 to the wheels 260 and 280 and it is also noted that while the claim specifically mentions “second” wheel unit or second shaft, since no first wheel unit or shaft were claimed in claim 1, then they are interpreted as only containing a singular wheel unit and/or shaft).
Re-claim 9, Cao et al discloses and as best understood: the wheel of a remote-controlled toy vehicle as claimed in claim 8, wherein the wheel drive means comprises a second housing, and a second electric motor and a second gear set that are respectively arranged in the second housing; wherein the second mounting shaft is positioned on the second housing; wherein an initial gear of the second gear set is in transmission connection with an output shaft of the second electric motor; and wherein a final gear of the second gear set is rotatably sleeved onto the second mounting shaft and connected to the rolling component (Please see above discussion and note the mention of “second” with respect to the recited structures is only read as a singular structure since a first structure of those respective structures were not positively claimed in the previous claims.).
Re-claim 10, Cao et al discloses: the wheel of a remote-controlled toy vehicle as claimed in claim 9, wherein a second shaft sleeve with a second external spline is positioned on the final gear of the second gear set and rotatably sleeved onto the second mounting shaft; wherein the second through hole is a second internal splined hole matching the second external spline; and wherein the rolling component engages with the second external spline of the second shaft sleeve through the second internal splined hole (Please see above discussion and note the mention of “second” with respect to the recited structures is only read as a singular structure since a first structure of those respective structures were not positively claimed in the previous claims.).
Conclusion
Claim 7 is 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG pub 2010/0124868 to SIP, US Patent 6,458,008 to Hyneman, US Patent 6,066,026 to Bart et al, WO 2022/012221 A1 to Tu and US Patent 6,548,982 to Papanikolopoulos et al all disclose a wheel with a motor mounted within.
US Patent 4,057,929 discloses a spherical wheel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M POON whose telephone number is (571)272-6891. The examiner can normally be reached on Monday-Thursday from 9am to 2pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja, can be reached at telephone number 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER M POON/Supervisory Patent Examiner, Art Unit 3643