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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Wheel Cover for a Wheel.
The disclosure is objected to because of the following informalities: I line 1 of paragraph [0014], the letter “n” should be replaced with the term - -An- -, 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 1-13 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 is indefinite due to the fact that it is unclear what is actually being claimed by the phrases “configured to support”, “configured to engage”, and “configured to restrict movement”. These phrases are generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
Claim 3 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to be disposed”. This phrase is generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
Claim 5 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to be held”. This phrase is generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
Claim 8 is indefinite due to the fact that it is unclear what is actually being claimed by the phrases “configured to contact”, and “configured to hold”. These phrases are generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
Claim 9 is indefinite due to the fact that it is unclear what is actually being claimed by the phrases “configured to contact”, and “configured to screwed”. These phrases are generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
Claims 11 and 12 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to be couple”. This phrase is generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
Claim 13 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to … allow”. This phrase is generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
Claim 13 is indefinite due to the fact that the phrase “a hub” in line 3 is a double recitation. This limitation has been previously set forth in the claims. Therefore, it is unclear whether the “hub” set forth in line 3 is the same element of the invention as previously set forth in the claims, or is an additional element of the invention.
Claim 13 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “fastening work”. This phrase is generally narrative (see section 6 below) and fails to describe any actual physical structure of the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
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.
Claim(s) 1-6 and 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (9,821,599).
Per claim 1, Wang shows a wheel 4 on which an attachment member (i.e. a cover) 1 is mounted. The attachment member 1 engages a central part of a wheel disc, and includes a body that covers an outer surface of the wheel. An engaging portion 13 of the attachment member 1 interacts with an engaged portion (G) of the central part of the wheel disc. A restricting member 2 prevents movement of the engaging portion 13 in a releasing direction when the engaging portion 13 is connected to the engaged portion (G).
Per claim 2, the restricting member 2 is disposed adjacent the engaging portion 13 in the releasing direction.
Per claim 3, the wheel 4 includes a central opening (i.e. hub hole) 41 extending through the wheel disc at the rotational axis of the wheel 4. The engaging portion 13 is disposed within the opening 41 to oppose an inner periphery thereof to connect with the engaged portion (G) provided on the inner periphery. The restricting member 2 is disposed on a back side of the engaging portion 13, the back side being opposite an engaging side that contacts the engaged portion (G).
Per claim 4, the restricting member 2 is inserted into the central opening 41 from an inner side of the wheel, and thus on the back side of the engaging portion 13.
Per claim 5, the restricting member 2 is held on the back side by a holding portion 151.
Per claim 6, the restricting member 2 has an annular shape that is held by the holding portion 151.
Per claim 10, the attachment member 1 and restricting member are both made of a resin material. It should be noted that the limitation that these elements are “molded” from resin is a method step in a product claims, and therefore receives no patentable weight (see MPEP 2113).
Per claim 11, the body of the attachment portion 1 includes a plurality of body forming members and a coupling portion that locates the body forming members in the circumferential direction (see Figure 3).
Per claim 12, each body forming member has a fan shape, and the coupling portion is located at the central part of the disc when attached to the wheel 4.
Per claim 13, the body of the attachment portion 1 further includes a “work” hole (Figures 2-3) that allow a fastening member therethrough to assemble the wheel 4 to a vehicle hub.
Claim(s) 1-3 and 7-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tataru (11,787,230).
Per claim 1, Tataru shows a wheel 19 on which an attachment member (i.e. a cover) 35 is mounted. The attachment member 34 engages a central part of a wheel disc, and includes a body that covers an outer surface of the wheel 19. An engaging portion 35A of the attachment member 35 interacts with an engaged portion 24 of the central part of the wheel disc. A restricting member 36 prevents movement of the engaging portion 35A in a releasing direction when the engaging portion 35A is connected to the engaged portion 24.
Per claim 2, the restricting member 36 is disposed adjacent the engaging portion 35A in the releasing direction.
Per claim 3, the wheel 19 includes a central opening (i.e. hub hole) 61 extending through the wheel disc at the rotational axis of the wheel 19. The engaging portion 35A (specifically elements 72B-D) is disposed within the opening 61 to oppose an inner periphery thereof to connect with the engaged portion 24 provided on the inner periphery. The restricting member 36 is disposed on a back side of the engaging portion 35A, the back side being opposite an engaging side that contacts the engaged portion 24.
Per claim 7, the body of the attachment member 35 includes a through hole that is coaxial with the central opening 61 of the wheel 19. The restricting member 36 is inserted into the through hole and central opening 61 from an outer side of the wheel 19, and disposed on the back side of the engaging portion 35A.
Per claim 8, the restricting member 36 includes a contact portion 92 that contacts the back side of the engaging portion 35A (namely the radially inner surface of elements 72B), and an engagement holding portion 95 provided at a distal end of the contact portion 92 in the insertion direction.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tataru as applied to claims 1-3 and 7-8 above, and further in view of Nunes et al (10,116,610).
Tataru does not show the inner periphery of the through hole of the attachment portion including threads that engage a screw portion of the restricting member. Nunes et al teaches the use of an attachment member 520 with a through hole 522 having threads on an inner periphery that engage with threads on a screw portion of a restricting member 524 that prevents axial movement of the attachment member 520 with respect to a wheel 510 on which the attachment member 520 is mounted.
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 form the through hole of the attachment member of Tataru with a thread that engages a screw portion of the retracting member, as a substitute equivalent configuration, to achieve the predictable results of locking the attachment member to the wheel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references show structure for fastening a wheel cover to a wheel.
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.
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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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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
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