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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted 9/4/2026 is compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Arguments
Applicant's arguments filed 9/1/2026 have been fully considered but they are not persuasive. Applicant argues that Sakota (JP2012228909A) does not disclose “a flange belonging to knuckle 16”. Examiner disagrees, as Sakota paragraph [0026] explicitly states that knuckle 16 comprises a flange element: “When fixing the wheel supporting hub unit of this example as described above to the knuckle 16, the flange side mounting holes 7a, 7a of the fixed side flange 6a and the screw holes 17 (each flange formed in the knuckle 16)”. Paragraph [0026] explicitly characterizes portion 6a and holes 7a of wheel bearing outer ring 1A as a flange, and the corresponding screw holes 17 of knuckle 16 as a flange.
Applicant further argues that Fukushima (US-20220176739-A1) does not disclose a wheel-carrier flange. Examiner disagrees, as Fukushima paragraph [0043] states: “As described above, the outer ring 2 of the bearing device for a vehicle wheel 1 includes the pilot portion 2e having the fitting portion 2f fitted to the knuckle 10 and the guide portion 2g that guides the opening portion 10a of the knuckle 10. Thus, when the pilot portion 2e is fitted to the opening portion 10a of the knuckle 10, an outer-side end portion of the opening portion 10a of the knuckle 10 is smoothly guided to the fitting portion 2f by the guide portion 2g, so that the insertability of the pilot portion 2e into the knuckle 10 is improved”. Merriam-Webster defines “flange” as “a rib or rim for strength, for guiding, or for attachment to another object”. Fitting portion 2f is fitted to knuckle 10, and the opening portion 10a of knuckle 10 guides guide portion 2g, thus meeting the definition of a flange, as Applicant’s specification does not redefine the term “flange” from its broadest reasonable interpretation.
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.
Claims 10-11, 13, and 17-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sakota (JP2012228909A), henceforth referred to as Sakota.
Regarding claim 10, Sakota discloses a wheel suspension for a vehicle, comprising: a wheel carrier with a flange (Figure 1: knuckle 16 comprises a flange with hole 17, to receive bolt 15, interfacing with flange portion 6a of wheel bearing outer ring 1A. Further, paragraph [0026]: “When fixing the wheel supporting hub unit of this example as described above to the knuckle 16, the flange side mounting holes 7a, 7a of the fixed side flange 6a and the screw holes 17 (each flange formed in the knuckle 16)”), a wheel bearing fastened to the wheel carrier and having a wheel bearing outer ring (Figure 1: wheel bearing outer ring 1A fastened to knuckle 16), wherein the flange of the wheel carrier lies flat on the wheel bearing outer ring of the wheel bearing (Figure 1: wheel bearing outer ring 1A lies flat against the flange of knuckle 16), wherein the wheel bearing is clamped against the wheel carrier via a plurality of screws distributed over a circumference of the wheel bearing outer ring (Figures 1 and 2: bolts 15 are inserted in holes 7A and corresponding holes 17 formed in knuckle 16, distributed over a circumference of outer ring 1A), and wherein, as viewed in a rotational axis direction of the wheel bearing, a surface of the wheel bearing outer ring that faces the flange comprises at least one step, which step is configured such that, in a screwed state of the wheel bearing outer ring to the wheel carrier flange, a gap between the wheel bearing outer ring and the wheel carrier flange is formed in a region of the step (Figure 1: outer ring 1A comprises groove 20, which forms a gap between outer ring 1A and knuckle 16).
Regarding claim 11, Sakota discloses the wheel bearing outer ring surface that faces the flange comprises screwing surfaces for arranging a respective screw and also web surfaces connecting the screwing surfaces (Figure 2: outer ring 1A comprises screw holes 7A, and small diameter portions 19 for connecting holes 7a), and the at least one step is arranged in at least one web surface (Figure 3A: groove 20 is formed in small diameter portion 19).
Regarding claim 13, Sakota discloses the step extends over at least approximately an entire circumference of the web surface (Paragraph [0024]: "The groove 20 is formed in a continuous state over the entire circumference").
Regarding claim 17, Sakota discloses the wheel carrier is a forged or cast wheel carrier (Paragraph [0006]: "the knuckle 16 to which the fixed side flange 6 is attached may be finished with high precision by machining after being formed by forging or casting").
Regarding claim 18, Sakota discloses a vehicle comprising at least one wheel suspension according to claim 10 (Paragraph [0001]: "The present invention relates to an improvement of a wheel support hub unit that is used to rotatably support a wheel of a vehicle such as an automobile with respect to a suspension device").
Claim Rejections - 35 USC § 103
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 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 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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sakota in view of Asberg (US-4564243-A), henceforth referred to as Asberg.
Regarding claim 12, Sakota does not teach the screwing surfaces being differently spaced apart from one another. Asberg discloses at least three screwing surfaces are provided, and in each case, a screwing surface is spaced differently far apart from an adjoining one of the screwing surfaces (Figure 2: outer ring 5 comprises four lugs 8, which are spaced differently from adjacent lugs). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the screwing surface spacing of Sakota with the differing distances of Asberg such that “The space between the lugs 8 on the flange 6 can be used for attachment of brake parts etc.” (Column 2 lines 41-42).
Claims 10 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US-20220176739-A1) in view of Sakota.
Regarding claim 10, Fukushima discloses a wheel suspension for a vehicle, comprising: a wheel carrier with a flange (Figure 8: knuckle 10 comprises a flange portion with opening portion 10a interfacing with fitting portion 2F and flange portion 2D), a wheel bearing fastened to the wheel carrier and having a wheel bearing outer ring (Figures 1 and 8: outer ring 2 comprises flange portion 2D, which is fastened to knuckle 10), wherein the flange of the wheel carrier lies flat on the wheel bearing outer ring of the wheel bearing (Figure 8: flange 2D lies flat against knuckle 10 and against the top of the diagonal portion of opening 10a), and wherein, as viewed in a rotational axis direction of the wheel bearing, a surface of the wheel bearing outer ring that faces the flange comprises at least one step, which step is configured such that, in a screwed state of the wheel bearing outer ring to the wheel carrier flange, a gap between the wheel bearing outer ring and the wheel carrier flange is formed in a region of the step (Figure 8: surface of fitting portion 2F that faces towards the opening 10a forms a gap D between outer ring 2 and opening 10a).
However, Fukushima does not teach a plurality of screws. Sakota discloses wherein the wheel bearing is clamped against the wheel carrier via a plurality of screws distributed over a circumference of the wheel bearing outer ring (Figures 1 and 2: bolts 15 are inserted in holes 7A and corresponding holes 17 formed in knuckle 16, distributed over a circumference of outer ring 1A). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hub of Fukushima with the plurality of screws of Sakota in order to increase the strength of the joint between the hub and wheel carrier.
Regarding claim 15, Fukushima as modified discloses a seal for fluidically sealing the wheel bearing outer ring from the wheel carrier flange, the seal being arranged in the gap (Figure 8: O-ring 20 is arranged in the gap D).
Regarding claim 16, Fukushima as modified discloses the wheel bearing outer ring is a forged component (Paragraph [0060]: "the guide portions 2g, 2m, 2r, 2w, 2y, 102g, and 202g according to the present embodiment (embodiment shown in Fig. 8) are preferably composed of an unprocessed forged surface"), and the at least one step is produced during forging of the wheel bearing outer ring (Paragraph [0058]: "A recessed groove portion 15 is provided in a boundary portion between the fitting portion 2F and the guide portion 202g", thus the recessed groove is formed as a forged surface).
Allowable Subject Matter
Claims 14 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 a statement of reasons for the indication of allowable subject matter: the wheel bearing “as viewed in the rotational axis direction and in a direction of the vehicle interior, the step is approximately 2 mm - 5mm high” as found in dependent claim 14, is not found in prior art, nor is an obvious combination of prior art, as the cited art is silent to the size of the step. Further, applicant indicated this dimension as critical in paragraph [0018]: “Such a step height accordingly allows a correspondingly large (about 2-5 mm) gap between the wheel bearing outer ring and the wheel carrier flange that ensures sufficient drying in the case of moisture ingress and thus avoids possible corrosion formation”. Additionally, the “seal is vulcanized onto the wheel carrier flange” as found in claim 19, is not found in prior art, nor is an obvious combination of prior art.
Cited Prior Art not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes Ohtsuki (US20130044972A1), which discloses a flanged wheel hub assembly.
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 MATTHEW J O'NEILL whose telephone number is (571)272-4752. The examiner can normally be reached Mon - Fri: 7AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at (571) 270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW JAMES O'NEILL/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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