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 .
Status of Claims:
Claims 1-12 are pending.
Claims 1-12 are amended.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 (NPL “U” Espace.net Figs and English translation) discloses multi-part rail wheels (1 “independent wheel”, [i.e. two wheels on each axle/shaft, lower/low floor bogie rail vehicle with frame having portal axle], Abstract, Title, Page 4, Para 1 beginning “FIG. 6 is a fourth embodiment..”, shows two shafts for two wheels, i.e. a wheel set ], Fig 1, 2, 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 (5 “shaft” and axle journals at each end , Fig 1, 2,4) 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 there are two, each once it is mounted on the end of a shaft, bearing inside an outer ring (like Zhou) with the motivation to support and connect rotatably 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 [ i.e. the inner surface and the outer 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 (Ng Para 4); ** additionally the coating not applied to contact zones for 8 current bridge connects to wheel, with the motivation to avoid interfering (insulating surfaces) 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 multi-part 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 5 of this document).
Regarding Claim 3, the combination of Bochumer, Zhou and Ng discloses the multi-part 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 5 of this document).
Regarding Claim 6, the combination of Bochumer, Zhou and Ng discloses the multi-part 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 5 of this document)..
Regarding Claim 7, the combination of Bochumer, Zhou and Ng discloses the multi-part rail wheel according to claim l, wherein the thickness of the oxide layer 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 5 of this document)
Regarding Claim 8, the combination of Bochumer, Zhou and Ng discloses the multi-part 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 multi-part rail wheel according to claim 1, a wheel set including two multipart rail wheels (lower/low floor bogie, with axle and frame Abstract, Fig 1, 4”, Abstract, Page 4, Para 1 beginning “FIG. 6 is a fourth embodiment..”, and as described in paragraph 5 of this document) 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 (as described in paragraph 5 of this document) according to claim 9, wherein the two multi-part 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 according to claim 9 for a low-floor rail vehicle (as described in paragraph 5 of this document), having an axle middle part (4) extending along a longitudinal axis and two axle journals (as described in paragraph 5 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, in each case via at least one roller bearing (as described in paragraph 5 of this document) which is seated with an inner ring (as described in paragraph 5 of this document) on the respective axle journal (2) and bears with a circumferential surface of an outer ring (as described in paragraph 5 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 multi-part 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 5 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 multi-part 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 5 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 16 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: Braun (EP-2752504-A1), Koch (WO-2007121898-A1) and Konno (CN-1955020-A) disclose methods and/or aluminum components having oxide coatings.
Response to Argument
Applicant’s arguments, see Remarks, filed 06/26/2026, with respect to drawing objections (re: clamping means” claim 5); rejection of claims 2-12 under 35 USC § 112 have been fully considered, in light of amendments to Figs 1 and 3, Specification Page 13, and Claims 1-12, and are persuasive. The Drawing objections, and rejection of claims 2-12 under 35 USC § 112 are hereby withdrawn.
Applicant’s arguments with respect to rejection of claims 1-3, 6-12 under 35 USC § 103 have been considered but they are not persuasive, as summarized below:
“Office Action relies on Ng for contact surface of hub opening covered with an oxide layer”.
“Ng discloses a colored oxide of aluminum materials”.
“Ng mentions railway components only once” and “Ng mentions wheels only with regard to buffing wheels to improve finish”.
“Bochumer, Zhou or Ng either alone or together or in combination teach, suggest or otherwise render obvious the limitations of claim 1”
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicants argument a, that the Office action relies on Ng to discloses “a contact surface of hub opening covered with an oxide layer”, is inaccurate. Page 6, Para 2 of the Non Final, discloses the oxide coating, which is combined with the multi-part rail wheel (of Bochumer) with hub and roller bearing connected to a shaft (of Zhou), previously combined. Ng’s disclosure is relied upon solely for an oxide layer applied to an Aluminum metal component, citing Ng’s Abstract and Para 4, 8 and 9). Detailed content of that citing is as follows: “Aluminum metal can be anodized to enhance corrosion resistances, abrasion resistances, electrical insulation properties, adhesion properties, and/or aesthetic properties; anodizing is an electrochemical process that thickens and toughens the naturally occurring protective oxide layer of aluminum or an aluminum alloy; resulting oxide layer or anodic coating, depending on the process, may be the second hardest substance known to man, perhaps second only to diamond.” (Ng Para 4 cited in Non Final Page 6, detailed wording of Para 4 explained above). Thus Ng’s coating is not just an aesthetic colored coating. Para 8, 9 also cited in Page 6 of Non Final, describe thicknesses of types of oxide coatings.
Applicants arguments b and d that Ng’s a colored coating, and has a buffing step described applied to wheels, is irrelevant. As both the coloring/dye (Ng Para 84: “oxide layer can be transparent, opaque or colored”, i.e. optional ) and buffing step is optional (Ng Para 100: “can be optionally polished or buffed”), and neither a coloring step or a buffing step is cited in the non-final, and thus these arguments are irrelevant, to the combination modification of the combination Bochumer and Zho by the teaching of Ng, except that Ng’s oxide coating is on a wheel.
Applicants argument c that Ng mentions railway components only once. In fact Ng mentions relevant end use of the oxide coating three times: (Ng Par 2: Aluminum and its alloys, in combination with electrolytic process of making aluminum oxide…widely used in transportation…”; Ng Para 36 “used in parts of components in …”transportation vehicles”; Ng Para 100:, “discloses the oxide coating applied to wheels with an “optional buffing step may be performed.
Applicants argument that “Bochumer, Zhou or Ng either alone or together or in combination teach, suggest or otherwise render obvious the limitations of claim 1”. Is not accurate, as the combination modification described on Pages 4-7, details the disclosures of each of Bochumer (teaches multipart rail wheel of claim 1), Zhou (teaches lower floor bogie having shaft/axle with two wheels and axle journal on each end) or Ng (teaches oxide coating), thus the references in combination together make obvious the limits of claim 1.
Therefore, the rejections of the Non-Final is repeated herein, including amended limits of claims 2-12, including a more complete set of Figures and Translation for Ref Zho in NPL “U”.
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.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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