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 .
Status of the Claims
Applicant’s amendment filed 3/25/26 (hereinafter Response) including claim amendments and drawing amendment has been entered. Examiner notes that claims 1, 5-9 have been amended, claims 2-4 have been cancelled, and claims 10-15 are new. Claims 1, 5-15 remain pending in the application.
Drawings
Based on the amendments to drawings submitted in the Response, the drawing objection raised in the non-final office action (hereinafter Office Action) is withdrawn.
Claim Rejections - 35 USC § 112
Based on the amendments to claims submitted in the Response, the 112(b) rejections raised in the Office Action are withdrawn. However, based on the newly introduced claims, new 112 issues are now raised.
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 11-15 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 11, the phrase “the first end portion side” lacks antecedent basis and thus renders the claim indefinite.
Regarding claim 14, the phrase “the second end portion side” lacks antecedent basis and thus renders the claim indefinite.
Regarding claim 15, the phrase “a continuous arch-like shape” renders the claim indefinite because it is unclear what the meets and bounds of an arch-like shape might be. For example, what shapes would be considered “arch-like” in shape but not also an “arch” in shape?
Claim Rejections - 35 USC § 102
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 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 10-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0334135 A1 to Jung.
Regarding claim 10, Jung discloses an electric power steering device (Fig. 1, Jung Annotated Fig. 2, & Abstract and [0035]), comprising:
an electric motor (165) (Jung Annotated Fig. 2 & [0034]);
a speed reduction mechanism (205a,210,205b/305) configured to reduce a speed of an output (165a) from the electric motor (165) (Fig. 4, Jung Annotated Fig. 2, & [0030] and [0033]-[0035] the motor pulley, belt, nut pulley are interpreted as being a speed reduction
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mechanism because based on the size relationship of the nut pulley > motor pulley, the rotation speed of the nut pulley < motor pulley.);
a ball screw mechanism (220/303) configured to convert a rotational motion transmitted from the speed reduction mechanism (205a,210,205b/305) into a linear motion (Fig. 4, Jung Annotated Fig. 2, & [0030] and [0033]-[0035]); and
a rack bar (307) connected to the ball screw mechanism (220/303) (Figs. 1-4 and [0028], [0032]-[0033]); and
a first housing (310) and a second housing (200), the first housing (310) having a first end portion (A) configured to cover a part of the rack bar (307) and a second end portion (B) with a mechanism accommodating portion (B) configured to accommodate at least a part of the speed reduction mechanism (205a,210,205b/305) and the ball screw mechanism (220/303) (Jung Annotated Fig. 2), the electric motor (165) being fixed to the first housing (310) (Jung Annotated Fig. 2, Fig. 3 & [0036]), the second housing (200) being configured to close the mechanism accommodating portion (B) of the first housing (310) (Jung Annotated Fig. 2),
the first housing (310) (Jung Annotated Fig. 2) including:
a rack bar insertion hole portion (E) through which the rack bar (307) is inserted in a longitudinal direction (Jung Annotated Figs. 2&4);
the rack bar insertion hole portion (E) including an annular fastening portion (313) for fixing the ball screw mechanism (220/303) (Jung Annotated Figs. 2&4, Fig. 3, and [0025] and [0041]); and
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an electric motor shaft insertion hole portion (311) having an annular shape on a radially outer side of the rack bar insertion hole portion (E), through which an electric motor shaft (165a) extending from the electric motor (165) is inserted (Jung Annotated Fig. 2, Fig. 3, and [0036]), and the electric motor shaft insertion hole portion (311) including a continuously shaped intermediate portion (I) disposed so as to overlap the fastening portion (313) in the longitudinal direction of the rack bar (307) and formed between the fastening portion (313) and the electric motor shaft insertion hole portion (311) (Jung Annotated Figs. 2-4).
Regarding claim 11, depending on claim 10, Jung further discloses wherein the intermediate portion (I) has recessed portions (J) recessed toward the first end portion side (Jung Annotated Figs. 2-4 & [0040]).
Regarding claim 12, depending on claim 11, Jung further discloses wherein each of the recessed portions (J) has a bottom portion, and is arranged along a circumferential direction of the electric motor shaft insertion hole portion (311) (Jung Annotated Figs. 2-4).
Regarding claim 14, depending on claim 11, Jung further discloses wherein an inner peripheral surface of the electric motor shaft insertion hole portion (311) extends to such a position as to be opposed to the fastening portion (313) when an axis extending in the longitudinal direction of the rack bar (307) is viewed from the radially outer side, and wherein, on the second end portion side, a length of a first proximity portion (K) at which the rack bar insertion hole portion (E) and the electric motor shaft insertion hole portion (311) are closest to each other is shorter than a length of a third proximity portion (L) located on a recessed portion side in a circumferential direction about the longitudinal axis of the rack bar (307) from the first proximity portion (K), at which the rack bar insertion hole portion (311) and the electric motor shaft insertion hole portion (E) are in proximity to each other (Jung Annotated Figs. 2-4).
Regarding claim 15, depending on claim 10, Jung further discloses wherein the intermediate portion (I) has a continuous arch-like shape (Jung Annotated Fig. 3 depicts the shape of intermediate portion I as being “arch-like” where it interacts with either the electric motor shaft insertion hole portion or where it interacts with the rack bar insertion hole portion).
Claim Rejections - 35 USC §§ 102/103
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.
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.
Claim 13 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Jung or, in the alternative, under 35 U.S.C. 103 as obvious over Jung.
Regarding claim 13, depending on claim 11, Jung further discloses
wherein a length of each of the recessed portions in a circumferential direction (N) of the electric motor shaft insertion hole portion (311) is set larger than a length of each of the recessed portions in a radial direction (M) of the electric motor shaft insertion hole portion (311) (Jung Annotated Figs. 2-4 and 6).
In the alternative, assuming arguendo, that Jung does not disclose the above limitation, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the size and/or shape of the recesses of Jung because modification of the size/shape of the recesses is the result of mere optimization of variables that would result
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from routine engineering experimentation and practices and does not itself warrant patentability as there is no clear difference in performance from the change in size and no evidence has been presented that the particular claimed configuration is significant. See MPEP 2144.04.IV.A-B.
Finally, it is noted that Applicant does not positively recite any criticality to the particular dimensions of the recess, therefore such optimization thereof would be obvious to the skilled artisan. Accordingly arriving at the claimed arrangement would result from routine engineering practices and experimentation and is not itself non-obvious absent any criticality to such. MPEP 2144.05.II.A.
Allowable Subject Matter
Claims 1 and 5-9 are allowed. See Office Action pp. 11-12 for reasons for allowance.
Response to Arguments
Applicant included no arguments why newly presented claims 10-15 were patentable over the prior art of record.
Conclusion
THIS ACTION IS MADE FINAL. 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 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
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