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
Figure 1B should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
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 “windings” of claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following:
reference characters "10" and "11" have both been used to designate the “radially pretensionable element”; while “11” was used in conjunction with the term “snap ring” (para. 33), it is referring to the same part as “10” and both point to the same element in Fig. 1A and 1B. It is recommended to remove the reference character “11” because it is merely referencing a possible shape or form of the “radially pretensionable element 10” rather than a separate element.
Reference character “2” is used in conjunction with reference characters “4” and “5” in Fig. 1A to denote the “roller bearing” and “wheel bearing hub” respectively. In the specification “2” is used to denote the “wheel bearing” (para. 31). “2” should be given its own lead line with an arrow in Fig. 1A to denote the “wheel bearing” assembly.
Reference character “19” has been used to designate both a “trailing surface” (para. 36) and a “recess” (para. 37).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the reference sign “21” mentioned in the description (para. 37). It is recommended to remove the reference character ”21” because it is merely referencing a possible shape or form of the “recess 9” rather than a separate element.
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.
Claim Objections
Claim 13 is objected to because of the following informalities: the term “bearing” is repeated twice at the end of line 2 in the phrase “wheel bearing bearing hub”. Appropriate correction is required.
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 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 1-20 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.
Independent claims 1, 11, and 19 each claim the “joint cap of a drive joint” as a part of the “wheel bearing hub” rather than as a separate component within the “wheel bearing unit”. The description, drawings, and invention as a whole require the “joint cap of a drive joint” to be separate from and movable relative to the “wheel bearing hub”. It is unclear how the “joint cap of a drive point” would be part of the “wheel bearing hub”. Furthermore, it is recommended to add the term “assembly” after “wheel bearing unit” to make it clearer that the “wheel bearing unit” refers to an assembly of multiple components (i.e. wheel bearing hub, joint cap, radially pretensionable element).
Claim 6 recites the limitation “characterized in that the radially pretensionable element has at least two windings”. It is unclear how the radially pretensionable element as described and shown would have any “windings”, assuming a “winding” would refer to an element with multiple wrapped portions giving the appearance of a coil spring or wound wire. The described invention does not mention, let alone require multiple windings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Niebling et al. US 20110170817 A1 teaches a wheel bearing unit with a radially pretensionable element to hold the cv joint to the wheel bearing hub and ensure the spur teeth are aligned but does not teach a conical peripheral surface which is arranged opposite the radially pretensionable element in the radial direction or wherein the radially pretensionable element is non-round. Gibson et al. US 20180201060 A1 teaches another wheel bearing unit with radially pretensionable element but not one that is non-round. Other prior art cited teaches further examples of wheel bearing units with radially pretensionable elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX R PALMER whose telephone number is (703)756-1981. The examiner can normally be reached M-F 8:30 am - 5:00 pm MST.
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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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/AP/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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