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 the reference numerals for inside (I) and outside (O) directions do not have corresponding arrows to show direction in Figs. 1, 3, 4, 7, and 8. It is suggested to show directional arrows (including the radius (R) arrow) in a cartesian style “XYZ” axis system in an area that does not obstruct the figure.
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 recites the limitations “the tire” and “said tire” in lines 3 and 5. Line 1 introduces “at least one tire”. It is unclear if the applicant is claiming “a tire” or “at least one tire”.
Claim 2 recites the limitation “the air flow path” in line 1. It is unclear if this is referring to the entire air flow path or simply “a section of the air flow path” as both are introduced in claim 1 (lines 5 and 7).
Claim 3 recites the limitation “a section of the air flow path” in lines 2 and 3. It is unclear if this is the same section of the air flow path introduced in claim 1 or a separate section.
Claim 6 recites the limitation “an inboard end thereof” in line 3. It is unclear if this is the same “inboard end of the spindle body” introduced in line 2.
Regarding claims 6, 7, 9, 11, 13, 14, and 15, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hurrell US 5221381 A
Regarding claim 1, Hurrell discloses a wheel hub assembly for a non-drive axle of a vehicle having at least one tire, the wheel hub assembly comprising: a wheel flange 20 for rotatably supporting the tire 48 with respect to a vehicle chassis; a spindle 14 for supporting the wheel flange 20; and an air flow path 22, 28, 50 for supplying pressurised air from an air supply to said tire; wherein the spindle 14 is rotatable with the wheel flange 20 with respect to the chassis; and wherein a section of the air flow path 22 is defined by the spindle 14. (Fig. 1)
Regarding claim 2, Hurrell discloses the assembly of claim 1, wherein the air flow path 22 extends between an inboard end and an outboard end of the spindle. (Fig. 1)
Regarding claim 3, Hurrell discloses the assembly of claim 1, wherein the spindle 14 defines a body extending inboard of the wheel flange 20; wherein the spindle body defines a chamber 22; and wherein a section of the air flow path 22 is defined by the chamber 22. (Fig. 1)
Regarding claim 4, Hurrell discloses the assembly of claim 3, wherein the assembly comprises a wheel hub 16 (bearing outer race), wherein the wheel hub 16 is configured to be non-rotatable with respect to the chassis; and wherein the spindle body 14 is rotatably supported by the hub 16. (Fig. 1)
Regarding claim 5, Hurrell discloses the assembly of claim 4, wherein the chassis comprises a steering knuckle 24 (called “vehicle suspension” in col. 2, line 22; it is clear the vehicle suspension element could easily be a steering knuckle on a non-drive axle), wherein the spindle 14 is rotatable with respect to the steering knuckle 24, and wherein the wheel hub 16 is configured to be secured to the steering knuckle 24, such that the wheel hub 16 is fixed in relation to the steering knuckle 24. (Fig. 1; col. 2, lines 20-22)
Regarding claim 6, Hurrell discloses the assembly of claim 4, wherein the spindle body 14 is substantially cylindrical; preferably wherein an inboard end of the spindle body 14 is open, such that the spindle body 14 defines an aperture at an inboard end thereof. (Fig. 1)
Claims 1, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walter US 3276502 A
Regarding claim 1, Walter discloses a wheel hub assembly for a non-drive axle of a vehicle having at least one tire, the wheel hub assembly comprising: a wheel flange for rotatably supporting the tire 6 with respect to a vehicle chassis; a spindle for supporting the wheel flange; and an air flow path 4,8 for supplying pressurised air from an air supply to said tire; wherein the spindle is rotatable with the wheel flange with respect to the chassis; and wherein a section of the air flow path 8 is defined by the spindle. (Fig. 6)
Regarding claim 15, Walter discloses the assembly of claim 1, further comprising a rotary union 5 between the spindle and the chassis; preferably wherein the rotary union 5 is inboard of the spindle. (Fig. 6)
Regarding claim 18, Walter discloses the assembly of claim 15, wherein the rotary union 5 defines a section of the air flow path. (Fig. 6)
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.
Claims 16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Walter US 3276502 A
Regarding claim 16, Walt discloses the assembly of claim 15. Walt does not expressly disclose wherein the chassis comprises a steering knuckle, wherein the spindle is rotatable with respect to the steering knuckle, and wherein the rotary union is between the spindle and the steering knuckle. Steering knuckles are well known in the art and it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to attach the spindle and wheel hub assembly to a steering knuckle in such a way as to place the rotary union between the spindle and steering knuckle to provide a mounting point that is protected from damages and allows the spindle to rotate in relation to the steering knuckle with a reasonable expectation of success. Official notice is hereby given.
Regarding claims 19 and 20, the limitations stating “the wheel hub assembly is for a heavy vehicle” and for “a medium duty vehicle” are merely statements of intended use and given minimal patentable weight. However, while Walter does not teach a type of vehicle usage, it is well known in the art to use spindle and hub assemblies on medium duty vehicles and heavy vehicles and it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the spindle and hub assembly on such vehicles to allow efficient tire pressure control with a reasonable expectation of success.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Walter US 3276502 A in view of Hurrell US 5221381 A
Walter teaches the assembly of claim 16. Walter does not teach wherein the spindle comprises a cap, and wherein the rotary union is between the cap and the steering knuckle. Hurrell teaches a cap 26 that is positioned between the spindle and the steering knuckle (suspension component 24) as a dust shield (col. 2, lines 23-25; Fig. 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a sealing dust cap to keep dirt and debris out of the rotary union to further protect it and prolong its life with a reasonable expectation of success.
Allowable Subject Matter
Claims 7-14 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.
Regarding claims 7-14, Hurrell discloses the assembly of claim 6, wherein the spindle comprises a cap for sealing the aperture, wherein the cap defines a section of the air flow path.
Hurrell does not disclose or suggest wherein the cap is rotatable with the spindle, nor would it have been obvious in combination with any other teachings to make the dust and air sealing cap rotate with the spindle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX R PALMER whose telephone number is (703)756-1981. The examiner can normally be reached M-F 8:30 am - 5:00 pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (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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/AP/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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