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 .
Specification
The disclosure is objected to because of the following informality: In paragraph [0006] of the specification, the reference to specific claim numbers (i.e., patent claim 1) should be removed inasmuch as the claims are subject to amendments and renumbering during prosecution.
Appropriate correction is required.
Claim Objections
Claim 15 is objected to because of the following informality: The phrase “wherein single-track motor vehicle” in line 2 should be replaced with -- wherein the single-track motor vehicle -- for clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. 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 24-28 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 24, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claim 25, the limitation “a cavity” renders the claim indefinite because it is unclear whether “a cavity” refers to “at least one cavity” previously set forth in independent claim 15 or if it is distinct therefrom as implied by the claim construction.
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.
Claims 15-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seidl et al. (DE 102008054214 A1; hereinafter “Seidl”).
Regarding claim 15, Seidl discloses an apparatus 1 for a (i.e., capable of being used on) single-track motor vehicle, comprising: a disc wheel 2, wherein the single-track motor vehicle includes a wheel hub 7 configured to assemble the disc wheel on the vehicle, the wheel hub being disposed concentrically with a rotation axis of the disc wheel (Figs. 1a and 2a), a wheel rim 4 which is likewise concentric with the rotation axis (Figs. 1a and 2a), and a first 5 and a second 6 wheel disc, wherein the first wheel disc and the second wheel disc are configured on the wheel rim so as to be mutually spaced apart in a transverse direction parallel to the rotation axis of the disc wheel (Figs. 1a and 2a), and extend from the wheel rim in the direction of the wheel hub (Figs. 1a and 2a), the wheel discs converge in the direction of the wheel hub and are connected to one another in such a manner that at least one cavity (13 in the embodiment of Figs. 1a and 1b; 13a, 13b in the embodiment of Figs. 2a and 2b) between the wheel discs and the wheel rim is formed (Figs. 2a and 2b), and at least one cutout (cutouts implicitly formed in rim bed 4 to receive valves 14, 14a, 14b as shown in Figs. 1a-2b) toward the at least one cavity is formed in a rim well (unlabeled central portion of 4 between the tire bead seats as shown in Figs. 1a and 2a) of the wheel rim (Figs. 1a-2b).
Regarding claim 16, Seidl further discloses a multiplicity of cutouts (cutouts implicitly formed in rim bed 4 to receive valves14a, 14b as shown in Figs. 2a-2b) are formed in the rim well of the wheel rim (Figs. 2a and 2b).
Regarding claim 17, Seidl further discloses the multiplicity of cutouts are disposed so as to be uniformly spaced apart from one another in a circumferential direction of the rim well (Figs. 2a and 2b).
Regarding claim 18, Seidl further discloses the respective cutout is configured so as to be centric in the transverse direction in the rim well (Fig. 2a).
Regarding claim 19, Seidl further discloses the at least one cavity between the two-wheel discs and/or the rim well are/is configured so as to be V-shaped or U-shaped in a cross section (Fig. 2a).
Regarding claim 20, Seidl further discloses the wheel rim has two mutually separate rim segments (unlabeled segments of rim bisected by radially extending dotted line shown in Fig. 2a) which, in terms of a symmetry plane of the disc wheel that is orthogonal to the rotation axis, are laterally inversed, and wherein the rim segments, while forming the at least one cavity, are connected to one another by the wheel discs and the rim well (Fig. 2a).
Regarding claim 21, Seidl further discloses the respective rim segment has one rim shoulder (unlabeled tire bead seat upon which the tire bead is seated as shown in Fig. 2a), wherein the rim shoulders are connected to one another by the rim well (Fig. 2a).
Regarding claim 22, Seidl further discloses the at least one cutout is configured as a slot, square, rectangular or circular (evident from Figs. 2a and 2b).
Regarding claim 23, Seidl further discloses the first and the second wheel disc extend from the wheel rim to the wheel hub along at least a quarter of the distance in a radial direction between the wheel rim and the wheel hub (Fig. 2a).
Regarding claim 24, Seidl further discloses at least two reinforcement ribs 15, 16, which extend from the first wheel disc to the second wheel disc and connect those, and in particular the rim well, to one another, are formed in the cavity (Fig. 2b), and wherein the reinforcement ribs are disposed so as to be uniformly distributed about the rotation axis of the disc wheel (Fig. 2b).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 25, as best understood in light of the section 112 rejection noted above, is rejected under 35 U.S.C. 103 as being unpatentable over Seidl.
Regarding claim 25, although Seidl, in the embodiment shown in Figs. 2a and 2b, further discloses a cavity (either 13a or 13b) is formed between two respective adjacent reinforcement ribs of the at least two reinforcement ribs, Seidl fails to disclose a rib cutout is formed in the respective reinforcement rib.
Seidl, however, in the embodiment shown in Figs. 3a and 3b, teaches an apparatus in which a rib cutout (cutout implicitly formed in partition 15 to receive valve 14c as shown in Fig. 3b) is formed in the respective reinforcement rib 15 (Fig. 3b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Seidl shown in the embodiment of Figs. 2a and 2b to have the claimed rib cutout, such as taught by the embodiment of Seidl shown in Figs. 3a and 3b, with a reasonable expectation of success in allowing pressure equalization between the cavities.
Allowable Subject Matter
Claims 26-28 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references show other examples of wheels having cavities formed therein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) J 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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/Kip T Kotter/Primary Examiner, Art Unit 3615