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 second engaging portions “that limit displacement of the wheel cover main body relative to the wheel in a direction different from that of the first engaging portions” as set forth in claim 1 must be shown or the feature(s) canceled from the claim(s). Note Fig. 5 appears to show both the first and second engaging portions limiting displacement of the wheel cover main body relative to the wheel in the same direction (i.e., an axially outboard direction which is described in the specification as a direction toward an opposite side of the wheel). 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
2. 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 the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the specification fails to adequately explain how the second engaging portions “limit displacement of the wheel cover main body relative to the wheel in a different direction from that of the first engaging portions”. Nor do the drawings show such an arrangement. Instead, it is clear from at least paragraph [0007] of the specification and claim 3 that the second engaging portions and the first engaging portions limit displacement of the wheel cover main body relative to the wheel in the same direction (i.e., the so-called “opposite side of the wheel”). Specifically, paragraph [0007] of the specification and claim 3 states “the first engaging portions have main claw portions which…limit displacement of the wheel cover main body toward an opposite side of the wheel” (emphasis added) and “the second engaging portions have auxiliary claw portions which…limit displacement of the wheel cover main body toward the opposite side of the wheel” (emphasis added).
5. 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 1-3 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.
Regarding claim 1, the limitation “second engaging portions…that limit displacement of the wheel cover main body relative to the wheel in a direction different from that of the first engaging portions” renders the claim indefinite because it is unclear how the second engaging portions can limit displacement of the wheel cover main body relative to the wheel in a direction different from that of the first engaging portions when both the first and second engaging portions are only described and shown as limiting displacement of the wheel cover in a direction toward an opposite side of the wheel (note paragraph [0007] of the specification, claim 3, and Fig. 5).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tataru (US 2022/0203760 A1).
Regarding claim 1, Tataru discloses a wheel cover 35, comprising: a wheel cover main body (unlabeled body of one-piece cover 35); first engaging portions (first tabs 72) that project toward a wheel 19 from the wheel cover main body (Figs. 4 and 5) and that catch on the wheel by engaging with first engaged portions (i.e., the “selected stepped portions or walls of an axially extending stepped portion or wall of the hub hole 23 of the wheel 19” that defines the retention member 25 per paragraph [0025]) provided at the wheel (Fig. 4; paragraph [0025]); and second engaging portions (clamps 104) that project toward the wheel from parts of the wheel cover main body different from parts provided with the first engaging portions (Fig. 6), and that limit displacement of the wheel cover main body relative to the wheel in a direction different from that of the first engaging portions (evident from paragraph [0044] that the second engaging portions or clamps 104 limit displacement of the wheel cover main body in the axial outboard direction relative to the wheel when the shoulders of the clamps engage with the outer edges of the spokes 41 while the first engaging portions or first tabs 72 clearly limit displacement of the wheel cover main body in the radial direction when engaged with the first engaged portions as evident from at least Figs. 2 and 3 which shows the hub hole 23 radially surrounding and engaging the first engaging portions or first tabs 72 so as to limit relative movement in the radial direction between the wheel cover main body and the wheel) by engaging with second engaged portions (i.e., outer edges of the spokes 41 described in paragraph [0044] and shown in at least Fig. 7) provided at the wheel.
Regarding claim 2, Tataru further discloses the wheel cover main body is urged toward the wheel as a result of the first engaging portions and the first engaged portions being engaged with each other in an axial direction of rotation of the wheel (evident from paragraph [0044] which describes the first tabs 72 being snapped in place against the retention feature 25 of the hub hole 23), and the second engaging portions engage with the second engaged portions in a circumferential direction of rotation of the wheel (evident from Figs. 6 and 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows other wheel covers, including wheel cover arrangements which include two different types of engaging portions for securing the wheel cover to the wheel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
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, Samuel (Joe) J 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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/Kip T Kotter/Primary Examiner, Art Unit 3615
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