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 .
Election/Restrictions
Applicant’s election without traverse of Group l, Species ll corresponding to claims 1-2, 5, 8, 13, 16-17, 20, 22, 27, 29-34, 46, and 49 in the reply filed on 3/2/26 is acknowledged.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “Gripping Mechanism” in claim 1, 22, 29, and the “Attachment Mechanism” in claims 1, 22, and 29.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Gripping Mechanism (202) is interpreted as requiring the corresponding structure of a pair of pivotally attached jaws (210, 212) that define a housing (214) for enclosing a wheel stud and configured to grip and hold the wheel stud [as described on page 10 of the specification of the instant application], or an equivalence thereof.
Attachment Mechanism (208) is interpreted as requiring the corresponding structure of a first anchoring device (278) including a switch (284), second anchoring device (280) including a switch (285), support structure (282), the switches operable to control a magnetic field and thus attachment and release of the first and second anchoring devices, the first and second anchoring devices being a switchable magnetic device operable to selectively provide a strong external magnetic field for attachment to an external ferromagnetic material, such as an attachment surface (316) of a wheel (304) [as described on page 14 of the specification of the instant application], or an equivalence thereof.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 30 is 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.
A) Applicant recites the term “it” in claim 30 line 3. The structure the term “it” is referring to is unclear and indefinite. It appears as if applicant is intending to refer to the gripping mechanism. For the purpose of examining, it is interpreted as if applicant is intending to refer to the gripping mechanism.
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.
Claims 1-2, 5, 8, 13, 16-17, 20, 22, 27, 29-34, 46, and 49 rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention.
Regarding to claims 1-2, 5, 8, 13, 16-17, 20, 22, 27, 29-34, 46, and 49, MINEXPO International article “Kals Tire’s Innovation Centre Unveils New Tools that Significantly Reduce Risk and Wheel Failure” by Kal Tire published on August 8th 2021, discloses the claimed invention, as displayed in the Figure on page 1 of the article.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIRVANA DEONAUTH whose telephone number is (571)270-5949. The examiner can normally be reached Monday-Friday 9am-5pm.
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, Thomas Hong can be reached at 5712720993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIRVANA DEONAUTH/Primary Examiner, Art Unit 3726
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