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
The drawings are objected to because “the outer contour profile changing from convex to concave to convex or visa versa” of the wave like structure of the transition element (combined limits of Claims 3 and 4; and as recited in Specification Para 15) are not shown in Fig 1( which shows a concave portion at the radially inner portion of the transition element and a convex portion in the middle and radially outer portion of the transition portion, but does not show another concave portion. 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.
Specification
The disclosure is objected to because of the following informalities: Specification Paragraph 19 recites “are designed as a (cylindrical) material section” (Claim 6 includes this but without the word “cylindrical”), but it is not clear what is meant by it.
Appropriate correction is required.
Claim Objections
Claim 4, 6 and 8 are objected to because of the following informalities:
Regarding Claim 4, the recitation in line 1 “wherein wave-shaped is specified” is grammatically incorrect, and it is suggested by the Examiner to change it to “wherein the wave-shaped contour is specified”, for greater clarity.
Regarding Claim 8, the recitation in line 2 “each designed such that” is extraneous, and it is suggested by Examiner to delete the recitation, for greater clarity
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 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.
Claims 1-12 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.
Regarding Claim 1, the recitation in line 4 “the outer rim flange” and “an outer rim flange” in line 4, lack proper antecedent basis, and it is suggested by the examiner to change the recitation in line 4 to “an outer rim flange” and the recitation in line 5 to “the outer rim flange” for greater clarity.
Regarding Claim 1, the recitation in line 3-4 “the transition element is arranged between the wheel mounting surface and the outer rim flange” is indefinite, because each of the transition element and the outer rim flange are integrally joined segments or portions of one integrally formed wheel body that are integrally formed by a process that thins and extends the transition element to form the outer rim flange (Specification Para 7, 8, 10, 16, 17, 42, Fig 1). The transition element and outer rim flange are not separate parts, to be arranged and assembled together. As such, the specific locations of the end of the transition element and the axially outer end of the outer rim flange are unclear. For the purposes of examining, Examiner has interpreted the end of the transition element to be the radially outermost portion, coincident with the axially outer, radially outer end of the outer rim flange. For the purposes of examining, Examiner has interpreted the recitation as “the transition element extends from the wheel mounting surface to the radially outer most portion of the outer rim flange”, and suggests changing the recitation thereto, for greater clarity.
Regarding Claim 3, the recitation in lines 1-2 “the material thickness of the transition element is designed such that an outer contour of the transition element has a wave-shaped contour profile” is indefinite because it is unclear what is meant by it. Specifically how the material thickness affects a wave shaped contour. The specification paragraphs 13-18, include this limit, but do not clarify it further. For the purposes of examining, Examiner interprets the recitation as “the design of an outer contour of the transition element includes changes in material thickness and a wave-shaped contour profile”, and it is suggested by the Examiner to change the recitation thereto, for greater clarity.
Regarding Claim 4, the recitation in line 2, “from convex to concave to convex or vice versa.”, lack support from the specification, in that the feature is not shown in the figures to have three changes in concavity. For the purposes of examining, Examiner has interpreted the recitation as “from convex to concave or vice versa.”, and suggests changing the recitation thereto.
Regarding Claim 6, the recitation in line 3 “the transition element and the outer rim flange are designed as a material section of the vehicle wheel which is radially free of welding seams” is indefinite, as it is unclear what is meant by it. Examiner has interpreted the words designed as a material section of the vehicle wheel” as extraneous. The wording “radially free of welding seams” is itself also indefinite as it is unclear what is meant by it. For the purposes of examining, Examiner has interpreted the recitation as “the transition element and the outer rim flange are free of welding seams”, and it is suggested by the Examiner to change the recitation to same, for greater clarity (for strikeout see paragraph 4 of this document).
Regarding Claim 7, the recitation in lines 3-4 “directed axially from the outside inwards, axially from the inside outwards or essentially perpendicularly to the central axis”, is indefinite, because “essentially” is a relative term, making it unclear to what degree the transition element is perpendicularly directed. Additionally, it is unclear how “axially from the outside inwards”, differs from “axially from the inside outwards”. For the purposes of examining, Examiner has interpreted the recitation as “directed axially from the outside inwards, or perpendicular to the central axis”, and suggests changing the recitation thereto, for greater clarity.
Regarding Claim 9, the recitation in line 3 “can be operated through a recess of the transition element”, is indefinite as it is unclear what is meant by it. A valve is seated in and operated in a valve stem hole, and operable therein to inflate or deflate the tire. It is suggested by the Examiner to change the recitation to “can be accessible through a recess of the transition element”, for greater clarity.
Regarding Claim 12, the recitation in lines 1-2 “the transition element is arranged directly on a radially outer side of the outer rim flange of the rim segment” is indefinite, because each of the transition element and the outer rim flange are integrally joined segments or portions of one integrally formed wheel body that are integrally formed by a process that thins and extends the transition element to form the outer rim flange (Specification Para 7, 8, 10, 16, 17, 42, Fig 1). The transition element and outer rim flange are not separate parts, to be arranged directly to, and assembled together. As such, the specific locations of the end of the transition element and the axially outer end of the outer rim flange are unclear. For the purposes of examining, Examiner has interpreted the end of the transition element to be the radially outermost portion, coincident with the axially outer, radially outer end of the outer rim flange. For the purposes of examining, Examiner has interpreted the recitation as
“the transition element extends to the radially outer most portion of the outer rim flange”, and suggests changing the recitation thereto, for greater clarity.
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-2080252136-A1 to Srivats (“Srivats”).
Regarding Claim 1, Srivats (Figs 10-17) discloses a vehicle wheel (Para 10, 43, Fig 10) comprising: a disc segment (“disc portion”, Para 43, line 18, Fig 10); and a rim segment (“rim portion”, para 43, line 5, Fig 10) wherein the disc segment comprises a wheel mounting surface (via 7 “mounting holes in disc, Para 43, Fig 10) for connecting (implicit function of mounting holes in disc) the vehicle wheel to a vehicle hub and a transition element (portion of disc extending between mounting holes to outer rim flange with reduced thickness, Para 45, Fig 10), wherein the transition element extends from (as just described) the wheel mounting surface to the radially outer most portion of an outer rim flange (5 “outer flange”) wherein the rim segment comprises the outer rim flange and an inner rim flange (1 “inner flange”) as well as a drop center (“5 and 15 degree drop center” including 3 “well”, Para 11, 45, Fig 10, e.g. Claims 5, 21) arranged between (Fig 10) the two flanges, wherein the segments of the vehicle wheel are integrally formed (“unitary wheel”, Para 40) from a metallic material (metal, steel, Para 40) in order to shape a one-piece, continuously running vehicle wheel contour profile (wheel has continuous profile [except at holes 6, 7, 8, 9] shown Fig 10) (for strikeout font see paragraph 9 of this document).
Regarding Claim 2, Srivats discloses the vehicle wheel according to claim 1, wherein the transition element of the disc segment has a material thickness which is variably formed (Para 45, Fig 10 shows transition zone is thinner than central connecting portion of disc) by a flow-pressing method in order to improve the strength of the vehicle wheel (italicized limits not limiting, method limit in product claim: “the patentability of a product does not depend on its method of production., MPEP 2113)
Regarding Claim 3, Srivats discloses the vehicle wheel according to claim 2, wherein the design of an outer contour of the transition element includes changes in material thickness and a wave-shaped contour profile (BRI: wave-shaped contour has a at least one change in concavity; Fig 10 shows the portion of disc radially outward of mounting holes, and adjacent to the outer flange, having a change in concavity from concave to convex).
Regarding Claim 4, Srivats discloses the vehicle wheel according to claim 3, wherein the wave-shaped contour is specified as a change in the outer contour profile from convex to concave or vice versa (as described in paragraph 19 of this document;
Regarding Claim 5, Srivats discloses the vehicle wheel according to claim 2,wherein the material thickness of the transition element gradually decreases radially towards the outer rim flange (Para 45, as shown Fig 10).
Regarding Claim 6, Srivats discloses the vehicle wheel according to claim 1, wherein the transition element is arranged directly on the outer rim flange of the rim segment (Para 43, Fig 10), and wherein the transition element and the outer rim flange are
(for strikeout see paragraph 12 of this document).
Regarding Claim 7, Srivats discloses the vehicle wheel according to claim 1, wherein the transition element in relation to a central axis of the vehicle wheel, has an orientation which is directed axially at an angle from the outside inwards, or perpendicular to the central axis of the vehicle wheel. Specifically, the transition element has an orientation that is directed axially at an angle from the outside inwards (the angle directs the transition element from mounting portion axially inward and radially outward to the outer rim flange, as shown Fig 10; for strikeout see paragraph 13 of this document).
Regarding Claim 8, Srivats discloses the vehicle wheel according to claim 1, but does wherein the transition element and/or the wheel mounting surface is/are each designed such that a closed contour profile is provided on the outside in order to achieve an aerodynamic effect of the vehicle wheel (italicized limits, intended use, not limiting). Specifically, the wheel mounting surface, is designed such that a closed contour profile is provided on the outside (mounting surface has 6 central hole and 7 mounting holes, when assembled these holes are filled by l studs hub axle, thus the mounting surface has a closed contour profile on the outside thereof.
Regarding Claim 9, Srivats discloses the vehicle wheel according to claim 1, wherein the vehicle wheel has a valve (not shown, known in the art to be seated in 9 valve hole, Para 43, Fig 10) which is arranged on the outer drop-center shoulder or on the rim drop center of the rim segment and can be Fig 10) a recess (8 “vent hole”) of the transition element (for strikeout font see paragraph 14 of this document).
Regarding Claim 10, Srivats discloses the vehicle wheel according to claim 1, wherein the rim segment is designed as a 5° or 15° drop-center rim (as described in paragraph 17 of this document).
Regarding Claim 11, Srivats discloses the vehicle wheel according to claim 2, wherein the material thickness of the transition element gradually decreases radially towards a radially outer side of the outer rim flange (Para 45, as shown Fig 10).
Regarding Claim 12, Srivats discloses the vehicle wheel according to claim 1, wherein the transition element as described in paragraph 18 of this document; for strikeout font see paragraph 15 of this document).
The prior art made of record and not relied upon, listed on PTO-892 is considered pertinent to applicant's disclosure and discloses at least one of: a vehicle wheel, having a mounting surface with mounting holes on a central disc to connect to a wheel hub axle, a transition portion extending therefrom and having a wave shaped contour with changing concavity and a thickness radially reducing towards an outer rim flange, a drop center rim, vent holes with access to a valve stem in a valve hole.
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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