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 because “an oxide coating on the clamping means” is not shown in any drawing (limits of claim 5). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claims 2-12 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.
Claim 2-8 recite the limitation "the rail wheel" line 1 of each claim. There is insufficient antecedent basis for this limitation in the claims. Examiner suggests changing the limitation to be “a multi-part rail wheel”, as recited in claim 1, for consistency..
Claim 9-12 recite the limitation "two/the rail wheels". There is insufficient antecedent basis for this limitation in the claims. Examiner suggests changing the limitation to be “two multi-part rail wheels”, as recited in claim 1, for consistency..
Claim 9 recites the limitation "a/the wheel set having two rail wheels". There is insufficient antecedent basis for this limitation in the claims. Examiner suggests changing the limitation to be “a/the wheel set including two multi-part wheels according to claim 1”, for consistency.
Regarding Claim 11, the recitation “and having two rail wheels formed according to one of the preceding claims,“ is indefinite, and redundant as lines 1 states the wheel set [that has two rail wheel] is according to claim 9. Examiner suggests the limit be changed to
“and having
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) 1-3 and 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE-202019103993-U1 to Bochumer (“Bochumer”), and further in view of CN-105270428-A to Zhou (“Zhou”), and further in view of US-20080274375-A1 to Ng (“Ng”).
Regarding Claim 1, Bochumer discloses (Figs 1-10, English Translation “ET” pages ) discloses a multi-part rail wheel (1) having a wheel tire (1 including 8 ”mounted current bridge” mounted at 9 to wheel and at 14 to 4 “clamping ring”[i.e. clamping means], Fig 1, 2 ), having a wheel body (3) which consists of a light alloy material (“known Aluminum material”), Page 9, top line) and has a hub opening (radially inner opening, Fig 2) in which a contact surface (radially inner surface of opening, Fig 2) is provided and having at least one resilient body (5 “insulating elastic body”, clamped to the wheel body be 4 “clamping ring”) which is arranged between (Abstract Fig 2) the wheel tire and the wheel body and via which the wheel tire is resiliently supported on the wheel body (Page 2, Para 2 beginning “Multi-part rail wheels..”, “resiliently cushioned by elastic body…”)
Bochumer does not disclose the contact surface of the hub opening on which an outer ring of a roller bearing is supported during use or which is connected to the outer surface of a shaft or a shaft stub during use, and that the wheel body including at least the contact surface in the hub opening of the wheel body is covered with an oxide layer generated by electrochemical anodizing (italicized limits not limiting: method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)).
Zhou (Figs 1-6, English translation “ET” Pages 1-8) discloses a multi-part rail wheel (1 “independent wheel”, Fig 4, 6, having a wheel tire (16 “tread” with 15 “flange” Fig 4), having a wheel body (12) having a hub opening (shown Fig 4, receiving 5 “shaft”) and contact surface of the hub opening on which an outer ring (shown Fig 4 receiving outer bearing) and an inner ring (shown Fig 4 receiving inner bearing) of a roller bearing (Fig 4) is supported during use or which is connected to (shown Fig 4) the outer surface (journal Fig 4) of a shaft (on shaft 5, Fig 4) or a shaft stub during use.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the multi-part rail wheel and the contact surface of the hub opening on which an outer ring of a roller bearing is supported during use or which is connected to the outer surface of a shaft or a shaft stub during use, 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 multi-part rail wheel of Bochumer and the teaching of the contact surface of the hub opening on which an outer ring of a roller bearing is supported during use or which is connected to the outer surface of a shaft or a shaft stub during use of Zhou, to modify the multi-part rail wheel (of Bochumer) such that it includes a shaft, bearing inside an outer ring (like Zhou) with the motivation to support and connect rotably with reduced friction the contact surface of the hub opening of the wheel (of Bochumer), having an expectation of equivalent function and a reasonable expectation of success.
Ng discloses an oxide layer (Abstract, Para 4, 8, 9, generated by electrochemical anodizing of an Aluminum component, having thicknesses in the range of 10 to 14 microns (Para 8) or 30-60 microns (Para 9), or 15 to 100 microns (Para 109), to enhance the corrosion resistance, and abrasion resistance and electrical insulation properties (Ng Para 4).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the multi-part rail wheel and the oxide layer generated by electrochemical anodizing, 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 multi-part rail wheel of the combination of Bochumer and Zhou, and the teaching of oxide layer generated by electrochemical anodizing of Ng, to modify the multi-part rail wheel (of the combination of Bochumer and Zhou) such that the entire surface of the wheel body (see **) of the wheel body including of the hub opening, includes an oxide layer generated by electrochemical anodizing (like Ng) with the motivation to enhance the corrosion resistance, and abrasion resistance and electrical insulation properties of the wheel body; ** additionally the coating not applied to contact zones for 8 current bridge connects to wheel, with the motivation to avoid interfering with the electrical connection therein, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 2, the combination of Bochumer, Zhou and Ng discloses the rail wheel according to claim 1, wherein the contact surface forms a section of an inner surface of the hub opening of the wheel body and in that the inner surface of the hub opening is covered entirely with the oxide layer generated by electrochemical anodizing (as described in paragraph 13 of this document).
Regarding Claim 3, the combination of Bochumer, Zhou and Ng discloses the rail wheel according to claim lone of the preceding claims at least a section of an outer surface of the wheel body is also covered with the oxide layer generated by electrochemical anodizing (as described in paragraph 13 of this document).
Regarding Claim 6, the combination of Bochumer, Zhou and Ng discloses the rail wheel according to claim 3, wherein a connecting zone (where contact surface of inner wheel part connects, Bochumer ET Page 5, Para 5 beginning “An inventive multipart rail wheel for a …”) for connecting an electrically conductive cable (8 current bridge as described in paragraph 13 of this document) connection is provided on the outer surface of the wheel body and/or the outer surface of the clamping means (4 “clamping ring”) and in that the respective outer surface with the exception of the connecting zone (24) is fully covered with the oxide layer generated by electrochemical anodizing (as described in paragraph 13 of this document)..
Regarding Claim 7, the combination of Bochumer, Zhou and Ng discloses the rail wheel according to claim l, wherein the thickness of the oxide layer (OX) respectively present is from 10 µm to 160 µm (from 10 to 14 microns [µm] Para 8) or 30-60 microns [µm] Para 9), or 15 to 100 microns [µm] Para 109), each in range of limit: 10 µm to 160 µm, as described in paragraph 13 of this document)
Regarding Claim 8, the combination of Bochumer, Zhou and Ng discloses the rail wheel according to claim l, wherein the wheel body consists of an aluminum material and the oxide layer generated by electrochemical anodizing.
The combination of Bochumer, Zhou and Ng does not disclose a specific Aluminum alloy of the wheel body, nor that the oxide layer consists of at least 87.1% by mass Al2O3 and a remainder of other oxides, which are formed in the course of electrochemical anodizing from oxide-forming alloy constituents that are contained in addition to aluminum in the aluminum material of the wheel body.
Ng further discloses suitable wrought Aluminum alloys suitable for receiving the oxide layer, wherein the percent weight of Aluminum can be 99.6% , 99.-0%, or 85% (Table 1, Para 50) the amount of AL203 in the oxide layer being proportional to the Amount of Aluminum in the wrought Aluminum Alloy of the part, thus by weight the amount of Al203 in a part of Aluminum 1060 or Aluminum 100 would be at least 87.1 percent.
The specific Aluminum Alloy of the wheel body is not an inventive concept, but rather a design choice made from many possible material choices of Aluminum Alloys, made as a part of routine design optimization giving proper consideration of use, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected 1060 Aluminum for the wheel body of the multi-part wheel of the combination of Bochumer, Zhou and Ng such that the oxide coating formed on the wheel part had a percent weight of at least 87% with the motivation to ensure oxide layer on the wheel body was sufficiently designed to meet the design parameters just described. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
Regarding Claim 9, the combination of Bochumer, Zhou and Ng, discloses the rail wheel according to claim 1, a wheel set (lower/low floor bogie, with axle and frame Abstract, Fig 1, 4”, Abstract, Page 3, Para beginning “FIG. 6 is a fourth embodiment..”, ) rail vehicle, having two rail wheels (1 “independent wheel” one shown Fig 4, bogie implicitly having two on upon each axle 5) formed according to claim 1.
Regarding Claim 10, the combination of Bochumer, Zhou and Ng discloses the wheel set according to claim 9, wherein the rail wheels (1) are connected with their contact surface (20, 21) to the outer surface of a shaft or a shaft stub.
Regarding Claim 11, the combination of Bochumer, Zhou and Ng discloses the wheel set wheel set according to claim 9 for a low-floor rail vehicle (abstract , having a portal axle (including 5, 4, 3 etc., Fig 1-5, ET Page 2, Para 4 beginning “The invention mainly aims…”, Fig 1-6), having an axle middle part (4) extending along a longitudinal axis and two axle journals (as described in paragraph 15 of this document), one of which is seated on a first end section (left end of 5) of the axle middle part (5) and a second (right of 5) of which is seated on a second end section of the axle middle part (5), which is formed opposite to the first end section (6), the axle journals being aligned facing outwards from the axle middle part, rail wheels (as described in paragraph 22 of this document) in each case via at least one roller bearing (as described in paragraph 15 of this document) which is seated with an inner ring (as described in paragraph 15 of this document) on the respective axle journal (2) and bears with a circumferential surface of an outer ring (as described in paragraph 15 of this document) on the contact surface, which is provided in the hub opening of the wheel body of the rail wheel.
Regarding Claim 12, the combination of Bochumer, Zhou and Ng discloses the wheel set according to claim 11, wherein the rail wheels are in each case rotatably mounted on their assigned axle journal of the portal axle by means of two roller bearings and in that a contact surface in the hub opening of the wheel body of the rail wheels is assigned to each roller bearing (as described in paragraph 21 of this document).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over to Bochumer, and further in view of Zhou, and further in view of Ng. and further in view of DE-19743893-A1 to Schneider (“Schneider”).
Regarding Claim 4, the combination Bochumer, Zhou and Ng discloses the rail wheel according to claim l, including a clamping means (4 “clamping ring”) is clamped against the wheel body, is provided in order to clamp the resilient body between the wheel tire and the wheel body (a described in paragraph 13 of this document).
The combination Bochumer, Zhou and Ng does not disclose the clamping ring consists of a light alloy material.
Schneider (Figs1, English Translation “ET”, Pages 1-3) discloses a rail wheel (1) including an outer ring pair (7b [i.e. outer clamping ring”) made of aluminum (ET, Page 2 last paragraph beginning “The rail wheel has a…”).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the rail wheel and the Aluminum [i.e. a light alloy] clamping ring, 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 rail wheel of Bochumer and the Aluminum [light alloy] clamping ring of Schneider, to modify the material of the clamping means (4 “clamping ring” of Bochumer) such that it is made of Aluminum, with the motivation ensure the clamping ring is sufficiently strong and light weight, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 5, the combination Bochumer, Zhou and Ng and Schneider discloses the rail wheel according to claim 4, including the clamping means (4, described in paragraph 24 of this document).
The combination Bochumer, Zhou and Ng and Schneider does not disclose wherein the clamping means is covered with an oxide layer generated by electrochemical anodizing (italicized limits not limiting: method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113)) at least in the region of its surface that comes in contact with the resilient body.
Ng discloses an oxide layer (Abstract, Para 4, 8, 9, generated by electrochemical anodizing of an Aluminum component, having thicknesses in the range of 10 to 14 microns (Para 8) or 30-60 microns (Para 9), or 15 to 100 microns (Para 109), to enhance the corrosion resistance, and abrasion resistance and electrical insulation properties (Ng Para 4).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the multi-part rail wheel and clamping ring and the oxide layer generated by electrochemical anodizing, 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 multi-part rail wheel and clamping ring of the combination of the combination Bochumer, Zhou and Ng and Schneider and the teaching of oxide layer generated by electrochemical anodizing of Ng, to modify the clamping ring (of the combination Bochumer, Zhou and Ng and Schneider) such that it includes an oxide layer (like Ng) on its entire surface with the motivation to enhance the corrosion resistance, and abrasion resistance and electrical insulation properties of the clamping ring, having an expectation of equivalent function and a reasonable expectation of success.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hana (US-20130112039-A1), Hess (JP-6344652-B2), Murawa (US-20190255880-A1, DE-102019113624-A1), Lin (CN-107719012-A), Bueltena (EP-0733493-A2) and Writschan (WO-2014122213-A1) (disclose multi-part railway wheels including one or more of: bogies, portal axles with journals, inner and outer bearings corresponding rings, clamping rings, resilient bodies and anodized oxide coatings.
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