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 .
Response to Arguments
Applicant’s arguments, see remarks, filed 1/5/26, with respect to the rejection of claims 1-42 in view of Benda (DE 102010010242A1) and new claims 43-72 have been fully considered and are persuasive.
Claim Rejections - 35 USC § 112
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.
Claims 51-57,59,62-65 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 51-57 and 65 recites the limitation "the adjustment body" in line 2 of claim 51, in line 4 of claim 52, in lines 3-4 of claim 53, in line 3 of claim 54, in line 2 of claim 55, in line 2 of claim 56, in line 2 of claim 57, in lines 2-3 of claim 65. There is insufficient antecedent basis for this limitation in the claim.
Claim 59 recites the limitation "the drive motor" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 65 recites the limitation "the adjustment contour" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 62,63 and 64 depend on a 112b rejected claim and are also rejected, see 112 rejection above.
Allowable Subject Matter
Claims 43-50,58,60,61 and 66-74 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 43, the art of record did not include “the adjustment device is not in engagement with the retaining device in the working position SO that the retaining device can move relative to the coupling element with at least one non-rotational degree of freedom comprising at least one linear degree of freedom and/or at least one rotational degree of freedom about an axis transverse to the drive rotational axis suitable for enabling or maintaining drive coupling of the driver with the mating coupling element (wherein the one non-rotational degree of freedom and one linear degree of freedom means/relates to the retaining device being able to move on 2 separate axis)”.
Regarding claim 73, the art of record did not include “the retaining device is freely movable with the at least one non- rotational degree of freedom to maintain surface contact between the driver and a mating coupling element during coupling-joint rotation”.
Regarding claim 74, the art of record did not include “in a working-position relative orientation, the adjustment body enters a movement recess in the housing such that the adjustment device is out of engagement with the retaining device, permitting the retaining device to move with at least one non-rotational degree of freedom suitable for maintaining drive coupling of the driver with a mating coupling element—(the retaining device is able to move in a couple of axis in a working position when out of engagement with the retaining device)--”.
Since the prior art Benda teaches a two coupling with a sensor that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 13 of the examined disclosure shows the retaining device 40, the adjustment device 50 and the driver 20, which is different than the is shown by Benda in figure 11a and taught by the prior art of record.
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 Marlon A Arce whose telephone number is (571)272-1341. The examiner can normally be reached 8AM - 4:30PM.
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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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/MARLON A ARCE/Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611
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