Election/Restrictions
Applicant's election with traverse of a flexible coupling joint assembly (Group I) in the reply filed on October 3, 2025 is acknowledged. The traversal is on the ground(s) that there is unity of invention and no serious burden exists. This is not found persuasive because there isn’t unity of invention because, as explained in detailed in the restriction requirement mailed April 11, 2025, the technical features shared by the inventions do not make over the prior art. As for serios burden, it is not a criteria for determining unity of invention and thus was not addressed in the restriction requirement and is moot with regard to its validity.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on October 3, 2025.
Priority
This application makes reference to or appears to claim subject matter disclosed in Application No. 63276021, filed 11/05/2021. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the applicable petition fee under 37 CFR 1.17(m)(1) or (2), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m)(1) or (2) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
Drawings
The drawings are objected to because:
Fig. 7 fails to show lubrication port 65 as described at paragraph 0050.
Reference numeral 73 appears in Fig. 14, but not in the specification.
The drawings fail to show:
The male and female members being spaced apart to define a space as recited in claim 1.
A 0-to-6-degree bend angle like that recited in claim 1 & 12.
A limited spherical arc like that recited in claim 5.
A lubrication cavity like that recited in claim 7.
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:
At paragraph 0060 reference numeral 72 is used to identify two different features.
The detailed description of the invention fails to describe:
The male and female members being spaced apart to define a space as recited in claim 1.
A 0-to-6-degree bend angle like that recited in claim 1 & 12.
The ability to pivot in a limited spherical arc like that recited in claim 5.
A lubrication cavity like that recited in claim 7.
The abstract of the disclosure is objected to because it begins with a phrase that can be implied. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
Claims 1-12 & 18-19 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1 & 11 recite that the claimed invention is rated to a capacity of at least 60,000 ft-lbs, but there is nothing described in the specification that would necessarily provide such capacity. In other words, applicant has failed to provide a working example of the claimed invention. As such, it would not be possible for one of ordinary skill in the art to make or use the claimed invention without undue experimentation. In making this determination the examiner affirms that he has considered the breadth of the claims;
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the nature of the invention;
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the state of the prior art;
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the level of one of ordinary skill;
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the level of predictability in the art;
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the amount of direction provided by the inventor; any
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existence of working examples; and the quantity of experimentation needed to make or use the invention based on the content of the disclosure.
Claims 1-12 & 18-19 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, “reciprocating” with regard to socket sides. The meaning is unknown given that aren’t any sides that appear to be capable of linear to and from (i.e. reciprocating) movement.
Claim 2 recites the limitation, “said wear plates . . . is of equal or unequal dimensions”. It’s meaning is unknown.
Claim 3 recites the limitation, “said male and female members [separated by a gap] abut one another”. It is unclear how two members separated by a gap abut each other.
Regarding claim 11, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Each of claims 11 & 12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which each depends.
Claim Rejections - 35 USC § 103
Claims 1-6, 11-12 & 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kimball, US 218,278. 1-4, Kimball shows a flexible coupling joint assembly for transmitting torque comprising:
a male member (B);
said male member that is a hexagonal ball (b’), extending generally
in a longitudinal direction;
a female member (C)
said female member that is a socket (a’), with reciprocating multi-sides (see Fig. 3), or reciprocating said multi-sided or polygonal shape extending generally in a longitudinal direction;
said male member having a portion (b’) that is disposed in the female socket;
said male and female members being spaced apart to define a space extending generally in the longitudinal direction;
said female member and said male member abut one another and no wear member is present.
Kimball does not expressly disclose the torque transmission having a capacity of 1 to 60,000 ft-lbs and the assembly capable of between 0 to 6 degrees of bend angle. However, it would have been obvious to one having ordinary skill in the art to have the torque transmission having a capacity of 1 to 60,000 ft-lbs and the assembly capable of between 0 to 6 degrees of bend angle, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990).
Claims 1-8, 11-12 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Baudoin, US 2016/0108970. At Figs. 1-5 & 8, Baudoin shows a flexible coupling joint assembly (5) for transmitting torque (paragraph 0002) comprising:
a male member (30);
said male member that is a multi-sided ball (30a), or polygonal ball, extending generally
in a longitudinal direction;
a female member (40)
said female member that is a socket (90), with reciprocating multi-sides (25), or reciprocating said multi-sided or polygonal shape extending generally in a longitudinal direction;
said male member having a portion (30a) that is disposed in the female socket;
said male and female members being spaced apart to define a space extending generally in the longitudinal direction;
said female member and said male member separated by a gap (95) that will allow for the optional insertion of at least one of an intermediary wear plate member or a plurality of
intermediary flat wear plate members (50, see Fig. 8);
Baudoin does not expressly disclose the torque transmission having a capacity of 1 to 60,000 ft-lbs and the assembly capable of between 0 to 6 degrees of bend angle. However, it would have been obvious to one having ordinary skill in the art to have the torque transmission having a capacity of 1 to 60,000 ft-lbs and the assembly capable of between 0 to 6 degrees of bend angle, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990).
At Figs. 1-5 Baudoin shows the flexible coupling joint assembly (5) male member (30) exhibits a fixed pivot point comprising:
a spherical shaped member (30a) that is a convex cap component;
said cap component exhibiting a geometrical center that is co-extensive with said multi-sided, or polygonal, ball;
said spherical member integral with said multisided, or polygonal, ball;
said spherical member reciprocating to a mating, similarly radiused bowl (45) in the female socket (90);
said similarly radiused bowl member separate from, said female
socket;
said spherically shaped bowl having the same geometrical center with said spherical member;
said spherical member and said radiused bowl each having a smooth surface to reduce friction between said members; and
said spherical member being disposed in the spherical bowl and allowed to slide on said spherical interface of said bowl allowing the flexible coupling to pivot about the spherical center of the multi-sided, or polygonal, ball.
At Figs. 2-3, Baudoin shows the coupling displayed at one or both ends is confined within a lubrication cavity (100, 110) wherein said lubrication is isolated and protected from outside contaminates and leakage by an elastomeric seal (75, 80) between said male member and female member, wherein each end coupling exhibits a lubrication port (105) for lubricant to pumped into said lubrication cavity.
Claims 1-8, 11-12 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wenzel, US 2010/0313692. At Figs. 1-13, Wenzel shows a flexible coupling joint assembly (10) for transmitting torque (paragraphs 0001-0003) comprising:
a male member (12);
said male member that is a multi-sided ball (20), or polygonal ball, extending generally
in a longitudinal direction;
a female member (14)
said female member that is a socket (28), with reciprocating multi-sides (25), or reciprocating said multi-sided or polygonal shape extending generally in a longitudinal direction;
said male member having a portion that is disposed in the female socket;
said male and female members being spaced apart to define a space extending generally in the longitudinal direction;
said female member and said male member separated by a gap that will allow for the optional insertion of at least one of an intermediary wear plate member or a plurality of
intermediary flat wear plate members (40, see Fig. 13);
Wenzel does not expressly disclose the torque transmission having a capacity of 1 to 60,000 ft-lbs and the assembly capable of between 0 to 6 degrees of bend angle. However, it would have been obvious to one having ordinary skill in the art to have the torque transmission having a capacity of 1 to 60,000 ft-lbs and the assembly capable of between 0 to 6 degrees of bend angle, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990).
At Figs. 1-13, Wenzel shows the flexible coupling joint assembly (10) male member (12) exhibits a fixed pivot point comprising:
a spherical shaped member (50) that is a convex cap component;
said cap component exhibiting a geometrical center that is co-extensive with said multi-sided, or polygonal, ball;
said spherical member separate from said multisided, or polygonal, ball;
said spherical member reciprocating to a mating, similarly radiused bowl (54) in the female socket;
said similarly radiused bowl member separate from, said female
socket;
said spherically shaped bowl having the same geometrical center with said spherical member;
said spherical member and said radiused bowl each having a smooth surface to reduce friction between said members; and
said spherical member being disposed in the spherical bowl and allowed to slide on said spherical interface of said bowl allowing the flexible coupling to pivot about the spherical center of the multi-sided, or polygonal, ball.
At Fig. 2, Wenzel shows the coupling displayed at one or both ends is confined within a lubrication cavity (64, 66) wherein said lubrication is isolated and protected from outside contaminates and leakage by an elastomeric seal (56) between said male member and female member, wherein each end coupling exhibits a lubrication port (62) for lubricant to pumped into said lubrication cavity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Greg Binda whose telephone number is (571)272-7077. The examiner can normally be reached 9:30-5:30 et.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Greg Binda/Primary Examiner, Art Unit 3679