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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “formed by pressing, using an object” in 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
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.
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.
Claims 1, 2 and 4-16 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.
Claim 1, as amended, recited: “a second cover portion formed by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to a second plane that is closer to the gear train relative to the first plane…”, such limitation is new matter which was not disclosed in the original disclosure as filed.
Claims 2, 4-11 and 16 are rejected for their dependency on claim 1.
Claim 12-14 are rejected for similar reason as claims 1, 2, 4-11 and 16.
Claim 15 recited: “a second housing portion comprising a top portion generally also being within the first plane…” and “so that the second housing portion moves from the first plane to in the second plane”, such limitations are also new matter which was not disclosed in the original disclosure as filed.
Claims 1, 2, 4-14 and 16 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.
Claim 1 recites the limitation "the second housing portion" in last three lines. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the second housing portion" in last three lines. There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 4-11 and 16 are rejected for their dependency on claim 1.
Claims 13 and 14 are rejected for their dependency on claim 12.
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.
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, 2 and 4-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ramirez, JR et al. (US 20110265594 A1, hereinafter referred to as “Ramirez”) in view of Kasting (US 4257370) and Onishi et al. (US 2016/0329781 A1).
RE claim 1, Ramirez teaches a system 10 (Figs.1, 2) comprising:
a housing 12;
a direct current motor 46 (¶ 35) inside of the housing 12 and having a motor shaft 56;
a gear train 38 inside of the housing 12 and driven by the motor shaft 56 (¶ 35), the gear train 38 located on a side of the motor 46 having the motor shaft 56;
a rotatable output shaft 34 rotatably driven by the gear train 38 (¶ 32); and
an electrical circuitry (96 or 216) (Figs.5, 8) configured to control at least one component of the system 10 (¶ 40),
wherein the gear train 38 comprises:
a first gear 62 engaged with a gear 58 attached to the motor shaft 56 (Figs.1-3);
a second gear 70 engaged with the first gear 62 (¶ 35);
a third gear 78 engaged with the second gear 70 (¶ 35); and
an output gear 86 engaged with the third gear 78 (¶ 35), the output gear 86 being configured to rotate the output shaft 34 (¶ 35), and
wherein the first gear 62, the second gear 70, the third gear 78, and the output gear 86 together form the gear train 38 such that, at a view looking towards the gear train 38 in an axial direction of the output shaft 34, a line that goes through a center of all gears in the gear train 38 is nonlinear thereby reducing a width or length of the system as opposed to the series of cluster gears all being aligned in a straight line (intended result, because Ramirez disclosed the same structure as claimed, the width/length of the system can therefore also be reduced).
Ramirez does not teach:
wherein the housing is formed to comprise:
a first cover portion extending in a first plane, wherein the first plane encloses the gear train resulting a first amount of space between the first plane and the gear train,
a second cover portion formed by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to a second plane that is closer to the gear train relative to the first plane so that an inner space between a bottom surface of the second housing portion and the gear train is reduced relative to a space between the first plane and the gear train.
Kasting teaches the housing 4 (Fig.1) is formed to comprise:
a first cover portion 50 extending in a first plane (P1) (see annotated Fig.1 below), wherein the first plane (P1) encloses the gear train 24 resulting a first amount of space between the first plane (P1) and the gear train 24 (Fig.1),
a second cover portion 58 formed to a second plane (P2) that is closer to the gear train 24 relative to the first plane (P1) so that an inner space between a bottom surface of the second housing portion 58 and the gear train 24 is reduced relative to a space between the first plane (P1) and the gear train 24
The natural frequency of the disclosed gear cover can be increased by providing the recess 58. The propensity of an internal combustion engine to emit noise has been determined to be in part a function of natural frequency of the engine itself. By reducing the natural frequency of the various components attached to and forming a portion of the engine, the effect can be to reduce the amount of noise actually emitted by the engine during operation (col.5 line 65 to col.6 line 19).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramirez by having the housing is formed to comprise: a first cover portion extending in a first plane, wherein the first plane encloses the gear train resulting a first amount of space between the first plane and the gear train, a second cover portion formed by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to a second plane that is closer to the gear train relative to the first plane so that an inner space between a bottom surface of the second housing portion and the gear train is reduced relative to a space between the first plane and the gear train, as taught by Kasting, for the same reasons as discussed above.
With regard to the limitation “by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to the second plane”, such limitation is a product-by-process limitation. While Kasting is silent to the method of forming the second cover portion, the final claimed structure of the second housing was disclosed by Kasting.
Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. It has been held that: "[E]ven though product-by- process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695,698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Nevertheless, Onishi evidenced that the process of pressing, using an object 50a, an outer portion (of housing 25) moves from the first plane to the second plane (see Fig.4) is well-known in the art. Onishi suggests that such process can be determined depending on the outer periphery shape of the units, which increases the degree of freedom of design (¶ 59).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramirez in view of Kasting by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to the second plane, as suggested by Onishi, for the same reasons as discussed above.
RE claim 2/1, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the motor shaft 56 is generally perpendicular to the output shaft 34 (Figs.1-3).
RE claim 4/1, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the motor shaft 56 is generally perpendicular to an axis of the first gear 62 (Figs.1-3).
RE claim 5/1, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the gear train 38 has a maximum height which does not exceed a maximum height of the motor (see ¶ 38).
RE claim 6/1, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the housing 12 has a base 16 having a generally planer bottom wall 88 (Fig.1 and ¶ 38), wherein the motor 46 is supported by the base 88 and has a maximum height above the base 88; and wherein the gear train 38 is supported by the base 88 and has a maximum height above the base 88 that does not exceed the maximum height of the motor 46 (see ¶ 38).
RE claim 7/1, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the housing 12 comprises: a first housing portion 40 containing the motor 46; and a second housing portion 42 containing the gear train 38; wherein a maximum height of the second housing portion 42 does not exceed a maximum height of the first housing portion 40 (¶ 38).
RE claim 8/7, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the second housing portion 42 is offset lower from the first housing portion 40 (Fig.1 and ¶ 14).
RE claim 9/1, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the electrical circuitry 96 includes a connector 218 and a positive temperature coefficient (220) located within the housing (see claim 9, ¶ 46).
RE claim 10/7, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the electrical circuitry 96 includes a printed circuit board 214, a connector 218 and a positive temperature coefficient 220 located within the first housing portion 40 (Figs.1-3 and claim 10).
RE claim 11/7, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches the electrical circuitry 96 includes a bridge rectifier 100, a capacitor 10 and a relay 106 (¶ 46).
RE claim 12, Ramirez teaches a motor assembly 10 (Fig.1) for driving an ice dispenser (¶ 29) comprising:
a housing 12 having a first housing portion 40 (Fig.1) and a second housing portion 42, the second housing portion 42 having a height which is lower than a height of the first housing portion 40 (¶ 33);
a direct current motor 46 inside of the first housing portion 40, the motor 46 having a motor shaft 56 (¶ 35) extending into the second housing portion 42;
a gear train 38 contained inside of the second housing portion 42 and located entirely on a side of the motor 46 having the motor shaft 56; and
an output shaft 34 (Fig.1) extending through a wall 36 of the second housing portion 42 and driven by the motor 46 via the gear train 38
wherein the gear train 38 comprises:
a first gear 62 engaged with a gear 58 attached to the motor shaft 56 (Figs.1-3);
a second gear 78 engaged with the first gear 62 (¶ 35);
an output gear 86 comprising teeth 84 that are directly engaged with inner teeth 82 of the second gear 78, the output gear 86 being configured to rotate the output shaft 34, wherein the gear train 38 is configured such that, at a view looking towards the gear train in an axial direction of the output gear rotation, a line that goes through a center of all gears in the gear train 38 is curved thereby reducing a width of the motor assembly as opposed to components of the gear train or the motor being on opposing sides of the line (intended result, because Ramirez disclosed the same structure as claimed, the width/length of the system can therefore also be reduced).
Ramirez does not teach:
wherein the housing is formed to comprise:
a first cover portion extending in a first plane, wherein the first plane encloses the gear train resulting a first amount of space between the first plane and the gear train,
a second cover portion comprising a depressed portion that results in a gap between the second cover portion and the gear train that is less than the first cover portion, wherein the second cover portion is formed by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to a second plane that is closer to the gear train relative to the first plane so that an inner space between a bottom surface of the second housing portion and the gear train is reduced relative to a space between the first plane and the gear train.
Kasting teaches the housing 4 (Fig.1) is formed to comprise:
a first cover portion 50 extending in a first plane (P1), wherein the first plane (P1) encloses the gear train 24 resulting a first amount of space between the first plane (P1) and the gear train 24 (Fig.1),
a second cover portion 58 comprising a depressed portion that results in a gap between the second cover portion 58 and the gear train 24 (Fig.1) that is less than the first cover portion 50, that is closer to the gear train relative to the first plane 24 so that an inner space between a bottom surface of the second housing portion 58 and the gear train 24 is reduced relative to a space between the first plane (P1) and the gear train 24.
The natural frequency of the disclosed gear cover can be increased by providing the recess 58. The propensity of an internal combustion engine to emit noise has been determined to be in part a function of natural frequency of the engine itself. By reducing the natural frequency of the various components attached to and forming a portion of the engine, the effect can be to reduce the amount of noise actually emitted by the engine during operation (col.5 line 65 to col.6 line 19).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramirez by having the housing is formed to comprise: a first cover portion extending in a first plane, wherein the first plane encloses the gear train resulting a first amount of space between the first plane and the gear train, a second cover portion comprising a depressed portion that results in a gap between the second cover portion and the gear train that is less than the first cover portion, wherein the second cover portion is formed by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to a second plane that is closer to the gear train relative to the first plane so that an inner space between a bottom surface of the second housing portion and the gear train is reduced relative to a space between the first plane and the gear train, as taught by Kasting, for the same reasons as discussed above.
With regard to the limitation “by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to the second plane”, such limitation is a product-by-process limitation. While Kasting is silent to the method of forming the second cover portion, the final claimed structure of the second housing was disclosed by Kasting.
Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. It has been held that: "[E]ven though product-by- process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695,698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Nevertheless, Onishi evidenced that the process of pressing, using an object 50a, an outer portion (of housing 25) moves from the first plane to the second plane (see Fig.4) is well-known in the art. Onishi suggests that such process can be determined depending on the outer periphery shape of the units, which increases the degree of freedom of design (¶ 59).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramirez in view of Kasting by pressing, using an object, an outer portion of the housing that is within the first plane towards the gear train so that the outer portion moves from the first plane to the second plane, as suggested by Onishi, for the same reasons as discussed above.
RE claim 13/12, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches a printed circuit board 214, a connector 218 and a positive temperature coefficient 220 (see claim 10).
RE claim 14/12, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches a second set of components (¶ 40) comprises a bridge rectifier 100, a capacitor 104 and a relay 106 (¶ 40 and claim 14).
RE claim 15, Ramirez teaches a method for forming housing 12 (Figs.1, 2) for a motor assembly 46 for driving an ice dispenser (¶ 29), the method comprising:
forming a housing 12 comprising: (1) a first housing portion 40 comprising a top portion generally defining a first plane and (2) a second housing portion 42 comprising a top portion,
wherein the first housing portion 40 is configured to house a motor 46 and the motor 46 having a motor shaft 56 (¶ 35) extending into the second housing portion 42, wherein the second housing portion 42 being configured to house a gear train 38 and located on a side of the motor 46 having the motor shaft 56, an output shaft 34 extending through a wall of the second housing portion 42 and driven by the motor via the gear train 38,
wherein the gear train 38 comprises:
a first gear 62 engaged with a gear 58 attached to the motor shaft 56 (Figs.1-3);
a second gear 78 engaged with the first gear 62 (¶ 35);
an output gear 86 engaged with the second gear 78 and being configured to rotate the output shaft 34.
Ramirez does not teach where the forming comprises depressing the second housing portion within the first plane towards the gear train so that the second housing portion moves from the first plane to a second plane closer to the gear train relative to the first plane so that (1) first housing portion surrounding the second housing portion is the second plane and (2) a first inner space amount between a bottom surface of the second housing portion and the gear train is reduced relative to a second inner space amount between the first plane and the gear train.
Kasting teaches the forming comprises depressing the second housing portion 58 the second housing portion 58 located on a second plane (P2) closer to the gear train 24 relative to the first plane (P1) so that (1) first housing portion 50 surrounding the second housing portion 58 is the second plane and (2) a first inner space amount between a bottom surface of the second housing portion and the gear train is reduced relative to a second inner space amount between the first plane (P1) and the gear train 24. The natural frequency of the disclosed gear cover can be increased by providing the recess 58. The propensity of an internal combustion engine to emit noise has been determined to be in part a function of natural frequency of the engine itself. By reducing the natural frequency of the various components attached to and forming a portion of the engine, the effect can be to reduce the amount of noise actually emitted by the engine during operation (col.5 line 65 to col.6 line 19).
In addition, Onishi evidenced that it is well-known for a housing portion to be deformed (by tool 50a, see Fig.4), such that it moves from the first plane to a second plane (Fig.4). Onishi suggests that such process can be determined depending on the outer periphery shape of the units, which increases the degree of freedom of design (¶ 59).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramirez by having the forming comprises depressing the second housing portion within the first plane towards the gear train so that the second housing portion moves from the first plane to a second plane closer to the gear train relative to the first plane so that (1) first housing portion surrounding the second housing portion is the second plane and (2) a first inner space amount between a bottom surface of the second housing portion and the gear train is reduced relative to a second inner space amount between the first plane and the gear train, as taught by Kasting and Onishi, for the same reasons as discussed above.
RE claim 16/1, Ramirez in view of Kasting and Onishi has been discussed above. Ramirez further teaches a grommet 30 (Fig.2 and ¶ 31), wherein electrical wires 28 extend through the grommet 30 from an interior portion of the housing 12 to an exterior portion of the housing 12 (Figs.1, 2), wherein the grommet 30 has a main portion that extends from the electrical wires 28 to the housing so that the grommet maintains a fluid seal against a wall 32 of the housing 12 and also against the wires 28, thereby ensuring that any gasses that are generated outside of the system do not enter into the housing 12 (¶ 31).
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS TRUONG whose telephone number is (571)270-5532. The examiner can normally be reached Monday-Friday 9AM-6PM EST.
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, Seye Iwarere can be reached at (571) 270-5112. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS TRUONG/Primary Examiner, Art Unit 2834