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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/1/26 (hereinafter Response) has been entered. Examiner notes that claims 1, 3, and 12 have been amended. Claims 1-3, 5, 9, 11, 12, and 17 remain pending in the application.
Drawings
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 “wherein the plurality of radially outwardly extending tabs engage a/the rack housing to prevent rotation and translation of the anti-rotation bushing relative to the rack housing, thereby maintaining a constant circumferential and axial position of the anti- rotation bushing relative to the rack housing” from claims 1/12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Rejections - 35 USC § 112
Based on the amendments to the claims included in the Response, the 112(b) issues raised in the final office action mailed 3/5/26 (hereinafter Office Action) are withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 9, 11, 12, and 17 are rejected under 35 U.S.C. § 103 as being unpatentable over US 2022/0355853 A1 to Seo in view of US 2008/0088104 A1 to Arlt.
Regarding claim 1, Seo discloses a steer-by-wire steering system for a vehicle (Abstract & Fig. 1) comprising:
a rack (111) moveable in an axial direction, the rack having a bushing engagement portion comprising an outer surface including a plurality of rack flat surfaces (301) (Figs. 2-5 and [0033] disclose outer surfaces 301 of the rack 111 slidably interact with the bushing flat surfaces 311),
wherein a rack housing (320 or the combination of 201 & 320) surrounds the rack (111) (Figs. 2-5 & [0038], [0045], and [0050] disclose and depict that either the supporting member 320 alone or the combination of the supporting member 320 and the housing 201 can be interpreted under a broadest reasonable interpretation as being a “rack housing” because in engineering “housing” is defined as “a part designed to cover, contain, or support a component or mechanism” which both the support member 320 alone or the support member 320 and the housing 201 together achieve. See Collins Dictionary available at https://www.collinsdictionary.
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com/us/dictionary/english/housing); and
an anti-rotation bushing (310) disposed proximate an outer surface of the rack (111) at the bushing engagement portion of the rack (111), the anti-rotation bushing (310) having a plurality of bushing flat surfaces (311) (Figs. 2-5 & [0033]),
wherein the number of the plurality of rack flat surfaces (301) and the number of the plurality of bushing flat surfaces (311) is identical (Figs. 3-4 depict 4 flat surfaces for both the rack 111 and the bushing 310),
the anti-rotation bushing (310) comprising a main body portion extending from a first axial end (C) to a second axial end (D), the main body portion having a radially inner surface (311) and a radially outer surface (E), the radially inner surface (311) including the plurality of bushing flat surfaces (311), the plurality of bushing flat surfaces (311) including a first pair of substantially flat surfaces (A) and a second pair (B) of substantially flat surfaces each angled relative to one another to define V-shapes and configured to cooperate with the plurality of rack flat surfaces (301) to guide translational movement of the rack during axial movement of the rack along a rack longitudinal axis while preventing rolling or rotating of the rack (Annotated Figs. 3-4 & [0041]), wherein the radially outer surface (E) has a substantially circular profile along a majority of the axial length (Annotated Figs. 3-4 depict the bushing as being “substantially” circular in profile despite having 4 tabs, the shape of the outer surface is still interpreted as being substantially circular, similar to the outer surface shown in Fig. 3 of Applicant’s originally filed drawings which also shows deviations in the circular outer surface.),
the main body portion is continuous along its circumference … (Annotated Figs. 3-4)
the anti-rotation bushing (310) having a first axial section … , the main body portion including the first axial section … wherein the anti-rotation bushing (310) includes a plurality of radially outwardly extending tabs (312) along the first axial section (Fig. 3 & [0046] and [0048]), wherein the plurality of radially outwardly extending tabs (312) engage the rack housing (320 or 320 & 201) to prevent rotation and translation of the anti-rotation bushing (310) relative to the rack housing (320 or 320 & 201), thereby maintaining a constant circumferential and axial position of the anti-rotation bushing (310) relative to the rack housing (320 or 320 & 201) (Figs. 2-5 & [0038], [0045], and [0050]).
Seo does not appear to discloses wherein the anti-rotation bushing (310) defines a single circumferential gap to facilitate expansion of the anti-rotation bushing (310), wherein the single circumferential gap extends along an entire axial length of the anti-rotation bushing (310) and the main body portion is continuous along its circumference except for the single circumferential gap, the anti-rotation bushing having a first axial section and a second axial section, the main body portion including the first axial section and the second axial section, wherein the anti-rotation bushing includes a plurality of radially outwardly extending tabs along the first axial section, wherein the anti-rotation bushing includes a plurality of O-rings disposed on the radially outer surface of the anti-rotation bushing along the second axial section.
Arlt teaches that it was old and well known in the art of steering system rack bushings, before the effective filing date of the claimed invention, for the bushing (30) to define a single circumferential gap (42) to facilitate expansion of the bushing1 (30), wherein the single circumferential gap (42) extends along an entire axial length of the bushing (30) and the main body portion is continuous along its circumference except for the single circumferential gap (42) (Figs. 9 &10 and [0030], [0033], & [0036]),
the bushing (30) having a first axial section (36) and a second axial section (32), the main body portion including the first axial section (36) and the second axial section (32), wherein the bushing (30) includes a plurality of radially outwardly extending tabs (50) along the first axial section (36), wherein the bushing (30) includes a plurality of O-rings (44) disposed on the radially outer surface (45) of the bushing (30) along the second axial section (32) (Figs. 9-12 & [0029] and [0031]-[0032] disclose the section 32 includes O-rings and the section 36 includes flanges 50 which are interpreted as being individual tabs but also includes additional tabs 56).
Therefore, it would have been obvious to one of ordinary skill in the art of steering system rack bushings before the effective filing date of the claimed invention to modify the steering system rack bushing disclosed by Seo to incorporate for the bushing 310 to include a single circumferential gap to facilitate expansion of the bushing, wherein the single circumferential gap extends along an entire axial length of the anti-rotation bushing, the anti-rotation bushing having a first axial section and a second axial section, the main body portion including the first axial section and the second axial section, wherein the anti-rotation bushing includes a plurality of radially outwardly extending tabs along the first axial section, wherein the anti-rotation bushing includes a plurality of O-rings disposed on the radially outer surface of the anti-rotation bushing along the second axial section as taught by Arlt in order to reduce noise and provide ease of manufacture/install while still maintaining performance, e.g., see Arlt [0007] and [0009], and because doing so could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results.
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Regarding claim 2, depending on claim 1, Seo further discloses wherein the number of the plurality of rack flat surfaces (301) is four and the number of the plurality of bushing flat surfaces is four (311) (Figs. 3-4).
Regarding claim 3, depending on claim 1, Seo further discloses wherein the number of the plurality of rack flat surfaces (301) ranges from four to six (Figs. 3-4).
Regarding claim 5, depending on claim 1, Seo further discloses wherein the rack (111) does not include teeth formed on the bushing engagement portion (Figs. 1-5 & [0032]-[0033]).
Regarding claim 9, depending on claim 1, Seo further discloses wherein the steer-by- wire system (100) does not have a pinion at the bushing engagement portion of the rack (111) (Figs. 1-5 & [0032]-[0033]).
Regarding claim 11, depending on claim 1, Seo further discloses wherein the anti-rotation bushing (310) is formed of plastic ([0044] discloses it may be Teflon with a person of ordinary skill in the art would understand to be a plastic).
Regarding claim 12, Seo discloses an anti-rotation bushing (310) for a steer-by-wire vehicle steering system (100) (Abstract & Figs. 1-5) comprising:
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a first axial end (C) (Annotated Fig. 3);
a second axial end (D) (Annotated Fig. 3);
a radially outer surface (E) (Annotated Fig. 3); and
a radially inner surface (311) including a first bushing flat surface, a second bushing flat surface, a third bushing flat surface and a fourth bushing flat surface (Annotated Figs. 3 & 4 and [0041]),
wherein the first and second bushing flat surfaces are angled relative to each other to define a V-shaped first pair of flat surfaces (A) (Annotated Fig. 4),
wherein the third and fourth bushing flat surfaces are angled relative to each other to define a V-shaped second pair of flat surfaces (B) (Annotated Fig. 4),
the anti-rotation bushing (310) comprising a main body portion extending from the first axial end (C) to the second axial end (D), the main body portion having the radially inner surface (311) and the radially outer surface (E) (Annotated Figs. 3-4), the radially outer surface (E) having a substantially circular profile along a majority of the axial length (Annotated Figs. 3-4 depict the bushing as being “substantially” circular in profile despite having 4 tabs, the shape of the outer surface is still interpreted as being substantially circular, similar to the outer surface shown in Fig. 3 of Applicant’s originally filed drawings which also shows deviations in the circular outer surface.), the V-shaped first pair of flat surfaces (A) and the V-shaped second pair of flat surfaces (B) being configured, when installed with a rack (111) having corresponding flat surfaces (301), to guide translational movement of the rack (111) during axial movement of the rack (111) along a rack longitudinal axis while preventing rolling or rotating of the rack (111) (Annotated Figs. 3-4 & [0041]),
the main body portion is continuous along its circumference … (Annotated Figs. 3-4)
the main body portion comprising having a first axial section … wherein the anti-rotation bushing (310) includes a plurality of radially outwardly extending tabs (312) along the first axial section (Fig. 3 & [0046] and [0048]),
wherein the plurality of radially outwardly extending tabs (312) engage a rack housing (320 or 320 & 201) to prevent rotation and translation of the anti-rotation bushing (310) relative to the rack housing (320 or 320 & 201), thereby maintaining a constant circumferential and axial position of the anti-rotation bushing (310) relative to the rack housing (320 or 320 & 201) (Figs. 2-5 & [0038], [0045], and [0050] disclose and depict that either the supporting member 320 alone or the combination of the supporting member 320 and the housing 201 can be interpreted under a broadest reasonable interpretation as being a “rack housing” because in engineering “housing” is defined as “a part designed to cover, contain, or support a component or mechanism” which both the support member 320 alone or the support member 320 and the housing 201 together achieve. See Collins Dictionary available at https://www.collinsdictionary. com/us/dictionary/english/housing).
Seo does not appear to discloses wherein the anti-rotation bushing (310) defines a single circumferential gap to facilitate expansion of the anti-rotation bushing (310), wherein the single circumferential gap extends along an entire axial length of the anti-rotation bushing (310), the anti-rotation bushing having a first axial section and a second axial section, wherein the anti-rotation bushing includes a plurality of radially outwardly extending tabs along the first axial section, wherein the anti-rotation bushing includes a plurality of O-rings disposed on the radially outer surface of the anti-rotation bushing along the second axial section.
Arlt teaches that it was old and well known in the art of steering system rack bushings, before the effective filing date of the claimed invention, for the bushing (30) to define a single circumferential gap (42) to facilitate expansion of the bushing2 (30), wherein the single circumferential gap (42) extends along an entire axial length of the bushing (30) (Figs. 9 &10 and [0030], [0033], & [0036]),
the bushing (30) having a first axial section (36) and a second axial section (32), wherein the bushing (30) includes a plurality of radially outwardly extending tabs (50) along the first axial section (36), wherein the bushing (30) includes a plurality of O-rings (44) disposed on the radially outer surface (45) of the bushing (30) along the second axial section (32) (Figs. 9-12 & [0029] and [0031]-[0032] disclose the section 32 includes O-rings and the section 36 includes flanges 50 which are interpreted as being individual tabs but also includes additional tabs 56).
Therefore, it would have been obvious to one of ordinary skill in the art of steering system rack bushings before the effective filing date of the claimed invention to modify the steering system rack bushing disclosed by Seo to incorporate for the bushing 310 to include a single circumferential gap to facilitate expansion of the bushing, wherein the single circumferential gap extends along an entire axial length of the anti-rotation bushing, the anti-rotation bushing having a first axial section and a second axial section, wherein the anti-rotation bushing includes a plurality of radially outwardly extending tabs along the first axial section, wherein the anti-rotation bushing includes a plurality of O-rings disposed on the radially outer surface of the anti-rotation bushing along the second axial section as taught by Arlt in order to reduce noise and provide ease of manufacture/install while still maintaining performance, e.g., see Arlt [0007] and [0009], and because doing so could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results.
Claim 17 recites substantially similar limitations as those already addressed in claim 11, and, as such, is rejected for substantially the same reasons as given above.
Response to Arguments
Applicant’s arguments filed in the Response directed toward the 35 USC § 103 rejection of the claims under the combination of Seo/Arlt have been fully considered but are not persuasive. See Response pp. 6-9.
Applicant argues on pp. 7-8 that “Seo does not teach or suggest the amended tab-to-rack-housing retention arrangement” because “the protruding portions identified by the Examiner as tabs in Seo are not tabs that engage the rack housing … [r]ather, they engage a separate supporting member.” Examiner disagrees with this argument as distinguishing the presently amended claims from the prior art of record. Based on the high level of generality of “the housing” claimed and the lack of description of the housing the Applicant’s originally filed specification and drawings, it is unclear why the support member 320 alone or the support member 320 and the housing 201 of Seo cannot be interpreted as disclosing the amended claim limitations of 1 and 12. While Applicant’s argument is understood it is not persuasive because the features upon which applicant relies (i.e., the specific interpretation of a rack housing) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Based on this argument not being persuasive, Applicant’s remaining arguments are moot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B WEHRLY whose telephone number is (303)297-4433. The examiner can normally be reached Monday - Friday, 8:30 - 4:30 MT.
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, Valentin Neacsu can be reached at (571) 272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER B WEHRLY/Primary Examiner, Art Unit 3611
1 Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and thus is given no patentable weight because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.
2 Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and thus is given no patentable weight because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.
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