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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the embodiment that encompasses claims 1 and 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 1-20 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 1, line 5, recites “a plurality of complementary members” which is indefinite because it is unclear exactly what structure must be present for a member to be viewed as a complementary member. Can any structural element be a complementary member? How does one element complement another element?
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended 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.
Response to Arguments
Applicant's arguments filed September 3, 2026 have been fully considered but they are not persuasive.
The Applicant argued on Pages 7-8 of the Remarks that Figures 9 and 10 show the embodiment of claim 19.
It is unclear how Figures 9 and 10 show the embodiment of claim 19 which depends from claim 1. Figures 9 and 10 are directed to a third embodiment as disclosed in Paragraphs 0036 and 0037. Paragraph 0081 discloses “In particular, the third embodiment of the present disclosure may have the technical feature capable of improving the uniformity of the outer surface of the wheel 10 without including the complementary member according to the first and second embodiments of the present disclosure.” Therefore, it is unclear how Figures 9 and 10 support the structure of claims 1 and 19. Does Figure 15 have a curved surface region formed on each of the plurality of roller members? If so, the Applicant is advised to add reference numeral 200a to Figure 15 pointing to the curved surface region and to amend the specification accordingly.
The Applicant argued on Pages 8-9 of the Remarks that “Applicants respectfully submit that the term "complementary members," when read in the context of claim 1 and in light of the Specification, reasonably informs a person of ordinary skill in the art of the scope of the claimed subject matter.
Claim 1 does not recite the "complementary members" in isolation. Rather, claim 1 defines a non-uniformity section formed on a peripheral surface defined by the plurality of roller members, the non-uniformity section having curvature properties different from those of another region adjacent to the non-uniformity section in the circumferential direction of the wheel. As amended, claim 1 further requires that "one or more complementary members of the plurality of complementary members are provided to overlap the non-uniformity section." Thus, the claimed complementary member is structurally and spatially related to the specifically defined non- uniformity section.
The Specification further explains the meaning of this relationship. In particular, the Specification describes that the non-uniformity section 10a may have a shape recessed inward in the radial direction R of the wheel 10 relative to an adjacent region in the circumferential direction A and may be formed in a region in which two adjacent roller members 200 overlap. The Specification further explains that, where the cross-section of the outer surface of the wheel 10 has an approximately circular shape, the non-uniformity section 10a may constitute a section deviating from that circular shape.
In this context, the Specification expressly describes that the complementary member 300 is provided to overlap and complement the non-uniformity section 10a. The Specification further explains that the complementary member 300 is configured to geometrically complement the shape of the outer peripheral region of the wheel 10 defined by the roller members 200, thereby reducing noise and impact that may otherwise result from the non-uniformity section 10a during travel of the wheel.
Accordingly, the term "complementary member" does not encompass any arbitrary structural element of the wheel. Rather, when claim 1 is read as a whole and in light of the Specification, the complementary member is a member arranged relative to the roller members 200 so as to overlap the defined non-uniformity section 10a and geometrically complement the non-uniform peripheral profile at that section. Applicants therefore respectfully submit that the term "complementary members" provides reasonable certainty as to the scope of claim 1 and that claim 1 is not indefinite under 35 U.S.C. § 112(b). Withdrawal of the rejection is respectfully requested.”
The limitation “a plurality of complementary members” is still viewed as being indefinite in light of Applicant’s arguments. The Applicant argued that complementary members are structures that overlap the non-uniformity section, but the Applicant also stated that “the complementary member 300 is configured to geometrically complement the shape of the outer peripheral region of the wheel 10 defined by the roller members” and “the complementary member is a member arranged relative to the roller members 200 so as to overlap the defined non-uniformity section 10a and geometrically complement the non-uniform peripheral profile at that section” which renders the limitation indefinite because it is unclear what the Applicant means by “geometrically complement”. Can there be structures that overlap the non-uniformity section, but do not “geometrically complement” the shape of the outer peripheral region of the wheel 10 defined by the roller members? How does the term “complement” further define the members that overlap the non-uniformity section? It would appear that amending the phrase “a plurality of complementary members” to be “a plurality of protruding members” would alleviate the issue because, as best understood, each element 300 is a member that protrudes outwards from the outer circular portion of each 200 as shown in Figures 3 and 6. If the Applicant agrees, the specification should be amended to recite --wherein each complementary member of the plurality of complementary members is a protruding member--.
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 ADAM D ROGERS whose telephone number is (571)272-6561. The examiner can normally be reached Monday through Friday from 6AM-2:00PM EST.
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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.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617
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