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 it appears that Figures 5A and 6A should be switched (Note: Paragraph 0035 discloses that Figure 5A shows an exemplary embodiment with the openings closed, but the sliders (30) in Figure 5A do not cover the openings (25). Figure 6A shows sliders (30) covering openings (25). Also, Paragraph 0036 discloses that Figure 6A shows an exemplary embodiment with the openings open, but the sliders (30) in Figure 6A cover the openings. Therefore, it appears that Figures 5A and 6A should be swapped to match the language in the specification.).
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 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 5 and 9 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 5 recites the limitation "the push ring" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 3 discloses a push ring, but claim 5 does not depend from claim 3.
Claim 9, line 3, recites “the slider” which is indefinite because the Applicant has not previously specified one of the plurality of sliders. Which slider is the Applicant referring to?
Allowable Subject Matter
Claims 1-4, 6-8, and 10-18 are allowed over the prior art of record.
Claims 5 and 9 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach or render obvious the claimed combination of elements recited in claim 1, wherein a vehicle wheel is comprised of a wheel disk including a hub, a wheel rim positioned on a radially outward side of the spokes, a plurality of sliders provided on the spokes, the plurality of sliders move in a radial direction to open and close a plurality of openings, a driving unit that moves the plurality of sliders in a radial direction, the driving unit includes a pusher that moves in a thickness direction of the wheel disk, and the thickness direction is perpendicular to the radial direction.
Schlueter et al. (DE 102011117088 A1) discloses a wheel cover that has a plurality of openings, each opening has a corresponding flap element, and each flap element is attached to a bimetallic strip or shape memory alloy leaf spring that moves each flap element into a position that closes the opening.
Baba et al. (EP 0145487 A2) discloses an apparatus for covering a disc wheel that is comprised of a shape memory alloy that deforms at a predetermined high temperature phase to cover an opening and returns to its original shape at a low temperature phase.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D ROGERS whose telephone number is (571)272-6561. The examiner can normally be reached Monday through Friday from 6AM-2:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (571)272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM D ROGERS/ Primary Examiner, Art Unit 3617
Prosecution Insights