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 .
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.
Claims 1, 3, 4, 6-8, 11, 13, 14, 19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Wind et al. (US 9,969,334).
De Wind discloses and shows an adjustment device for adjusting the position of an adjustable element, the adjustable device comprising:
a base frame (Fig. 6, item 30) for attachment to the adjustable element;
an output shaft (40) rotatably coupled to the base frame;
an electric motor (32) held by the base frame; and
a worm gear assembly for transmitting rotation of the electric motor to the output shaft,
wherein the worm gear assembly includes a first worm gear (36) and a corresponding first worm (34b), wherein the output shaft (40) is provided with the first worm gear (36), wherein the first worm gear is coaxially disposed about a central axis of the output shaft, wherein the first worm gear is substantially rotationally coupled or fixed to the output shaft, wherein the first worm (34b) is held in the base frame and is in engagement with the first worm gear, and wherein the adjustment device is arranged such that the base frame and the output shaft are rotatable with respect to each other over an unlimited angle (col. 8:15-18, col. 9:63-66).
Claim 3 – the output shaft (40) is provided with an output gear mount (38) which is arranged for mounting an output gear (first worm gear, 36, is an output gear) to the output shaft.
Claim 4 – the output shaft (40) is provided with an output gear (36).
Claim 6 – the base frame (30) comprises a first base frame part (30a), wherein the first base frame part comprises a first receiving opening (see Fig. 7) into which the output shaft has been inserted from a first side of the first base frame part, and wherein the first worm gear (36) has been mounted to the output shaft at a second, opposite side of the first base frame part.
Claim 7 – the first worm gear (36) is mounted to the output shaft (40) has been locked to the output shaft such that the output shaft cannot be pulled out of the first worm gear.
Claim 8 – the first worm gear (36) extends radially with respect to the output shaft (40), but not to an extent that the first worm gear cannot be pulled through the first receiving opening from the second side towards the first side of the first base frame part.
Claim 11 – said adjustment device further is arranged for suppressing play between the first worm gear and the first worm.
Claim 13 – the output shaft (40) is formed as a hollow shaft (Figs. 6-7) thereby providing a passage for cabling.
Claim 14 – the base frame (30) is provided with one or multiple mounting holes (see Fig. 6) having an axial direction extending substantially transverse to the axial direction of the output shaft.
Claim 19 – De Wind discloses and shows a method for assembling an adjustment device comprising:
providing at least a first base frame part (30a) of the base frame (30), wherein said first base frame part is provided with a first receiving opening (see Fig. 7);
providing the output shaft (40);
inserting said output shaft from a first side (bottom) of the first base frame part through the first receiving opening;
providing the first worm gear (36) and mounting it onto the output shaft at a second side of the first base frame part opposite to the first side; and
locking the first worm gear to the output shaft to such extent that the output shaft cannot be pulled out of the first worm gear in a direction opposite to the direction into which the output shaft has been inserted into the first receiving opening and into the first worm gear.
Claim 21 – an intermediate part (38), which is provided between the first worm gear and the first base frame part, extend radially with respect to the output shaft to such extent that the first worm gear cannot be pulled through the first receiving opening from the second side towards the first side of the first base frame part.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over De Wind et al., as applied to claim 1.
De Wind discloses and shows the invention of claim 1 as described elsewhere above. De Wind does not include the base frame and the output shaft being rotatable with respect to each other over more than 360o. Yet, it has been noted in MPEP 2144.05(II)(A), “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” in citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claims 9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over De Wind et al., as applied to claim 1, in view of Mori et al. (US 4,982,926).
De Wind discloses and shows the invention of claim 1 as described elsewhere above. De Wind does not include the first worm gear being rotationally coupled to the output shaft by a breakaway coupling which uncouples when a torque exceeds a predetermined torque. Mori teaches an adjustment device having a first gear (16) rotationally coupled to an output shaft by a breakaway coupling which uncouples when a torque exceeds a predetermined torque (col. 4:25-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the De Wind device to where the first worm gear is rotationally coupled to the output shaft by a breakaway coupling which also uncouples when a torque exceeds a predetermined torque as taught by Mori.
Claim 22 – De Wind does not disclose the claimed predetermined torque (threshold value). However, the threshold value may be determined through the use of routine experimentation during the engineering design process to optimize the functionality of the device, suited to the intended use and desired parameters.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify De Wind to include a threshold value to optimized the desired operational parameters through the use of routine experimentation. A person of ordinary skill in the art undertaking such experimentation would have had a reasonable expectation of success and the results would have been predictable.
See also MPEP 2144.05(II)(A), which states, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” in citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claims 12 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over De Wind et al., as applied to claim 1, in view of Liesenfeld (US 2020/0385050).
De Wind discloses and shows the invention of claim 1 as described elsewhere above. De Wind does not specify the first worm being biased in its axial direction. Liesenfeld discloses and shows a worm drive where a worm shaft (14) is biased in its axial direction by a resilient element (Figs. 2a-3, item 34). The worm shaft and worm are biased to apply pretensioning force to the worm shaft relative to the worm gear (Abstract) to reduce backlash and noise.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the De Wind device to include a resilient element to bias the first worm in its axial direction so as to likewise apply a pretensioning force to the worm shaft relative to the worm gear to reduce backlash and noise.
Response to Arguments
Applicant’s arguments with respect to the rejected claims have been considered but are moot in view of new grounds.
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 BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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