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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 70 and 68.
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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "48" and "50" have both been used to designate the hub.
Given the fact that reference character “48” denotes the overall hub, it should include an arrowhead at the end of its leader line.
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. 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.
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 inner bearing race including “at least one outer raceway” as set forth in claims 5, 7, 15, and 17; 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 Objections
Claims 8 and 18 are objected to because of the following informalities: The term “one” should be replaced with the term - -on- - following the term “operations”, for grammatical clarity. Appropriate correction is required.
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 5-7, 10, 15, 17, and 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.
Claims 5, 7, 15, and 17 are indefinite due to the fact that it is unclear how the inner bearing race can include “at least one outer raceway”. Namely, it is unclear whether the term “outer” is meant to infer a direction (such as axially outer), or describes an actual physical part of the bearing (in which case the “outer raceway” is only a portion of an outer race, and not an inner race).
Claim 6 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured for securing”. This phrase is generally narrative (see section 8 below) and fails to describe any actual physical structure of the invention.
Claims 10 and 20 are indefinite due to the fact that the term “via” is generally narrative (see section 8 below) and fails to describe any actual physical structure of the invention.
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.
Claim(s) 1-7, 9-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura et al (2009/0046975).
Per claim 1, Kawamura et al shows an axle assembly including an axle having an inner shaft 22, an outer shaft 20, and a socket 14 at a connection of the inner shaft 22 to the outer shaft 20. A hub 1 is secured to the outer shaft 20. A bearing assembly 2 includes an outer race 4, an inner race, and a plurality of bearing elements 6a-b disposed therebetween. The inner race is at least partially defined by the axle (inner race portion 19).
Per claims 2 and 12, the inner race includes one inner raceway 19 defined on an outer surface of the socket 14, in which at least a portion 6b of the bearing elements is disposed.
Per claims 3 and 13, the inner shaft 22 and outer shaft 20 are connected at a constant velocity joint 3.
Per claims 4 and 14, the hub 1 includes a body with a flange extending radially outwardly therefrom.
Per claims 5 and 15, as best understood, the inner bearing race includes at least one “outer” raceway 1a defined in the hub body, in which at least a portion 6a of the bearing elements is disposed.
Per claims 6 and 16, a wheel is secured to the hub flange.
Per claims 7 and 17, as best understood, the inner bearing race includes at least one “outer” raceway 1a defined in the hub body, in which a first portion 6a of the bearing elements is disposed. The inner bearing race further includes an inner raceway 19 defined on an outer surface of the socket 14, in which a second portion 6b of the bearing elements is disposed.
Per claims 9 and 19, the hub 1 includes a central opening 20a-b through which the outer shaft 20 extends.
Per claims 10 and 20, the hub 1 is secured to the outer shaft 20 by a deformation 13 of an end of the outer shaft 20.
Per claim 11, the axle assembly of Kawamura et al is mounted on a vehicle.
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.
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura et al as applied to claims 1-7, 9-17, and 19-20 above, and further in view of Ozawa et al (8,540,582).
Kawamura et al does not disclose the inner raceway being formed by one or more heat treatment operations. Ozawa et al teaches the use of an assembly including a bearing inner raceway H1 and an outer surface H of a socket 11 being heat treated. Therefore, from this teaching, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to provide the inner raceways of Kawamura et al with heat treatment, for the purpose of increasing the hardness thereof, thus reducing wear on the bearing elements, hub, and socket.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references show the arrangement of bearing races on hub to axle connections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
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) 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.
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.
/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
Prosecution Insights