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 .
Claim Rejections - 35 USC § 112
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 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.
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 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by ES-2251452-T3 to Fernandez (“Fernandez”).
Regarding Claim 1, Fernandez (English Translation “ET” Pages 1-8, invention described on pages 3-8, Figs 1) discloses a wheel for a railway vehicle (Fig 1, ET Page 3, Para 3 beginning “The object of the present invention…”), comprising: a cylindrical boss (E “hub”); a rim (A) arranged on (Fig 1) an outer circumferential side of the boss; and a web (C) that connects (Fig 1) the boss and the rim, wherein when the wheel is viewed in longitudinal section, the boss includes a contour extending from the web to an end face in an axial direction of the boss (Fig 1), the contour includes (contour portion between D and S, having three sections, first section with Radius R4, second section with R8 with thickness at T=28mm; thus the first and second radius of curvatures R8*=R8-28=42.66-28-14.66mm, and R4=50mm; described Page 6 Para 3 beginning “Certain references…”, with values described Page 7, Para 6 beginning “It is a wheel made of…”, Fig 1 [where R4 corresponds to second and R8* corresponds to the first radius of curvatures of the instant application]): a first curve (portion of concave surface between points T and S, having a radius of curvature : R8*=14.66 mm, as described above) that is continuous with the web and is curved concavely toward an inward side of the boss (Fig 1), and that has a first radius of curvature (R8*=14.66 mm); and a second curve (portion of concave surface closest to E, between D and T having radius of curvature R4 “radius of joint curvature”, as described above) that is arranged on the end face side of the boss relative to the first curve, and is curved concavely toward the inward side of the boss, and that has a second radius of curvature which is greater than the first radius of curvature (R4=43.66; R8*=14.66, thus R4 > R8*) and a path length of the second curve is greater than a path length of the first curve (since R4, R8* extend form same point, the corresponding path length of R4 begin larger, has a greater path length, Fig 1) .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernandez as applied to claim 1 above.
Regarding Claim 1, Fernandez discloses the wheel according to claim 1, but does not disclose wherein the second radius of curvature is 108 m or more and less than 700 mm (specification of the instant application in paragraph 38, describes the dimension for the radius of curvature for second curve, being within various ranges, thus indicating the specific limits of claim 2 to not be a criticality) Specifically, Fernandez discloses (in an particular example/application Page 7, Para 4 beginning “By way of particular application…’, and Para 7, as described in Paragraph 6 of this document) the second radius of curvature is 42.66 mm.
The specific dimensions of the wheel, including the radius of curvature of the portions of the web is/are not an inventive concept, but rather a design choice made from many possible dimensional choices made as a part of routine design optimization giving proper consideration of use, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected a different set of dimensions for a different application/example for the wheel having a larger diameter and higher load rating, including diameter, web thickness, and radii of curvature along the curved contour, of the railway wheel of Fernandez such that the second radius of curvature is 108 mm or more and less than 700 mm, while maintaining the relative relationships thereof with respect to the first radius of curvature , with the motivation to ensure wheel was sufficiently designed to meet the design parameters just described. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
The prior art made of record and not relied upon listed on PTO-892) is considered pertinent to applicant's disclosure: disclose wheels for railway vehicles having a rim, a boss having a contour including at least one concave curve having a radius of curvature and path length.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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