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 .
This Office Action is in response to papers filed on 4/21/2026. Amendments made to the claims and the Applicant's remarks have been entered and considered.
Claim 1 has been amended.
Response to Arguments
Applicant's arguments filed 4/21/2026 have been fully considered but they are not persuasive.
The Applicant argued that the attachable/detachable member can be attached to and detached from the rotor from the outer side in the wheel assembly width direction, thereby enabling maintenance of the attachable/detachable member to be performed easily without removing the entire wheel assembly. In the Office Action, the Examiner asserts that Shin discloses an in- wheel motor of an outer rotor type including a stator (46, 48) and a rotor (10, 42, 44), a sensor (80) which detects a rotational state of the rotor (10, 42, 44), and an attachable/detachable member (72) which is attachable to and detachable from the rotor (10, 42, 44) and is provided with the sensor (80) on a surface facing an inner circumferential surface of the stator (46, 48). The Applicant understands, without agreeing to, that the Examiner asserts that the stator 46 corresponds to the claimed stator, the rotor 44 (together with the rotor member 42 and the rim member 10) corresponds to the claimed rotor, the resolver 80 corresponds to the claimed sensor, and the hub inner race 72 corresponds to the claimed attachable/detachable member. Assuming arguendo, to which the Applicant does not agree to, that FIG. 3 of Shin shows the above features alleged by the Examiner, the Applicant understands that in the invention disclosed in FIG. 3 of Shin, the hub inner race (72), which allegedly corresponds to the claimed attachable/detachable member, is fixed to the rotor (44), which allegedly corresponds to the claimed rotor, from the inner side in the wheel assembly width direction. In other words, in the invention disclosed in Shin, the hub inner race (72), which allegedly corresponds to the claimed attachable/detachable member, is not configured to be attachable to and detachable from the rotor (44), which allegedly corresponds to the claimed rotor, from the outer side in the wheel assembly width direction.
This argument is not persuasive because, with reference to FIG. 3 of Shin (US 2020/0391547 A1), the wheel assembly width direction is the rotation center axis C. The attachable/detachable member 72 (hub inner race 72) is detachable from the rest of the wheel assembly 22, 42, 92 if the bolts 100 are removed, see para [0051]. The inner race 72 is detachable from an outer side of the rotor member 42 in the direction C when the bolts 100 are removed and the parts of the wheel assembly 22, 42, 92 are removed from the inner race 72. An outer side of the rotor member 42 is a side of the removed rotor member 42 facing the inner race 72 which anticipates the feature of amended claim 1.
The Applicant argued that Shin does not disclose any feature corresponding to the claimed friction member. On the other hand, Xu is alleged to disclose a vibration-damping member (3), such as a rubber member, provided between a wheel hub and a brake disk (4). Although the Examiner takes the position that it would have been obvious to provide the vibration-damping member (3) of Xu between the rotor (44) and the hub inner race (72) of Shin, Applicant respectfully submits that the vibration-damping member (3) of Xu is intended to prevent vibration during braking, and that it would not have been obvious for a person of ordinary skill in the art to provide such a member between the rotor
(44) and the hub inner race (72) of Shin, nor would there be a motivation to combine such references.
This argument is not persuasive because the wheel hub assembly of Xu (US 2020/0158222 A1) is similar to the wheel motor unit of Shin and operates in a similar way. The advantageous benefit of the friction member 3, called the damping coating 3, of reducing vibration and noise as taught by Xu (para [0005]) would also be an advantageous benefit to the wheel motor unit of Shin.
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 (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 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(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 2020/0391547 A1) in view of Xu (US 2020/0158222 A1).
As to claim 1, Shin shows (FIG. 3) An in-wheel motor 1 of an outer rotor type including a stator 46,48 and a rotor 10,42,44, the in-wheel motor 1 comprising:
a sensor 80 which detects a rotational state of the rotor 10,42,44;
an attachable/detachable member 72 which is attachable to and detachable from the rotor 10,42,44 from an outer side in a wheel assembly width direction C and is provided with the sensor 80 on a surface facing an inner circumferential surface of the stator 46,48 (para [0021], [0042], [0051], [0054]).
Shin does not show a friction member which is provided between the rotor and the attachable/detachable member and is secured, together with the attachable/detachable member, to the rotor.
Xu shows (FIG. 2):
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a friction member 3 which is provided between the rotor 4 and the attachable/detachable member 1A and is secured, together with the attachable/detachable member 1A, to the rotor 4 (para [0005], [0007], damping coating 3 is rubber para [0008] which is capable of performing the friction function).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotor of Shin to have a friction member 3 which is provided between the rotor 10,42,44 and the attachable/detachable member 72 and is secured, together with the attachable/detachable member 72, to the rotor 10,42,44 as taught by Xu, for the advantageous benefit of reducing vibration and noise as taught by Xu (para [0005]).
As to claim 2/1, Shin in view of Xu was discussed above with respect to claim 1, and Shin further shows (FIG. 3) the attachable/detachable member 72 includes:
a tubular body that includes, as an outer circumferential surface, a surface facing the inner circumferential surface of the stator 46,48; and
a flange which faces an outer surface of the rotor 10,42,44 and is provided continuously to the tubular body (at bolt 100).
Shin does not show the friction member is disposed between the flange and a surface of the rotor.
Xu shows (FIG. 2) the friction member 3 is disposed between the flange 1F and a surface of the rotor 4 (bolt B is through the coating 3 para [0005], [0007], [0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotor of Shin in view of Xu to have the friction member 3 is disposed between the flange and a surface of the rotor 10,42,44 as taught by Xu, for the advantageous benefit of reducing vibration and noise as taught by Xu (para [0005]).
As to claim 3/1, Shin in view of Xu was discussed above with respect to claim 1, except for the friction member is bolted, together with the attachable/detachable member, to the rotor.
Xu shows (FIG. 2) the friction member 3 is bolted B, together with the attachable/detachable member 1A, to the rotor 4 (bolt B is through the coating 3 para [0005], [0007], [0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotor of Shin in view of Xu to have the friction member 3 is bolted, together with the attachable/detachable member 72, to the rotor 10,42,44 as taught by Xu, for the advantageous benefit of reducing vibration and noise as taught by Xu (para [0005]).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E MATES whose telephone number is (571)270-5293. The examiner can normally be reached M to F 12:00pm to 8pm.
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/ROBERT E MATES/Examiner, Art Unit 2834
/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834
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