DETAILED ACTION
This office action is responsive to the amendment filed on 01/30/26. As directed by the amendment: claim 1 has been amended; claims 12-17 have been cancelled; and claims 18-27 are added. Thus, claims 1-11 and 18-27 are presently pending in this application.
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 § 103
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 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.
Claims 1, 4, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388).
With regard to claim 1, Bright teaches A method of manufacturing an assembled shaft (FIG. 3), comprising the following steps: at least one of a step of expanding the inner diameter (“the shaft 1 is heated”, pg. 1, ln. 66) of at least a joining portion of a first shaft (1) element and a step of reducing the outer diameter of at least a joining portion of a second shaft element (the limitation “at least one of a step” requires one or both of the limitations which follow this recitation to be provided patentable weight – the Examiner is providing patentable weight to the limitation “expanding the inner diameter”; the written description of the instant patent application provides the following description related to “expansion”: “Expansion can be achieved by a wide variety of methods, on the one hand by the action of heat or other media, and on the other hand by mechanical, electromechanical or hydraulic action”(emphasis added), para. [0030]); positioning the joining portion of the first shaft element (1) around the joining portion of the second shaft element (2) (“the shaft 1 is of such dimensions as to be sleeved upon the shaft stub”, pg. 1, ln. 64-65); welding the first shaft element (1) and the second shaft element (2) by forcing a current flow through the first shaft element (1) and the second shaft element (2) (“To further reinforce and secure the joint the end of the shaft 1 is welded at 6 upon the beveled shoulder. This is preferably, and as we have practiced our invention, an acetylene or an electric arc weld securing a fusing weld of the parts entirely around the joint.”, pg. 1, ln. 78-84)(emphasis added) ; and at least one of a step of reducing the inner diameter of at least the joining portion of the first shaft element (“in assembling, the shaft 1 is heated, sleeve upon the stub, and swaged into the grooves …. in cooling, the tubular shaft contracts upon the shaft stub, making a very secure connection”, pg. 1, ln. 66-77) (emphasis added) and a step of increasing the outer diameter of at least the joining portion of the second shaft element (the limitation “at least one of a step” requires one or both of the limitations which follow this recitation to be provided patentable weight – the Examiner is providing patentable weight to the limitation “reducing the inner diameter”; the written description of the instant patent application provides the following description related to “reduction”: “Further, it is possible to reduce the effective diameter of the joining portion of the second shaft element. This may be achieved by supplying cold media, such as liquid nitrogen or by mechanical, electromechanical or hydraulic processes, which, for example, but not only by elongation in the axial direction, lead to a reduction in the diameter,” (emphasis added), para. [0031]).
With regard to claim 4, Bright teaches at least one of the following two steps: forming a protrusion (5) on the first shaft element (1) that is directed to the second shaft element (2); forming a protrusion (5) on the second shaft element (2) that is directed to the first shaft element (1); and further comprising the following step: welding the first shaft element and the second shaft element by melting the protrusion by the current flow (“fuse Welding the inner end of the tube to the beveled shoulder”, cl. 4).
With regard to claim 7, Bright teaches the steps of forming an essentially cylindrical opening (FIG. 3) in the end face of the first shaft element extending in the axial direction of the first shaft element (1), wherein the essentially cylindrical opening in the end face of the first shaft element forms the joining portion of the first shaft element; and positioning the joining portion of the second shaft element (2) in the essentially cylindrical opening in the end face of the first shaft element (1) (FIG. 3).
With regard to claim 8, Bright teaches the step of expanding the inner diameter of at least the joining portion of the first shaft (1) element comprises the step of heating at least the joining portion of the first shaft element (“the shaft 1 is heated”, pg. 1, ln. 66); and the step of reducing the inner diameter of at least the joining portion of the first shaft element (1) comprises the step of cooling at least the joining portion of the first shaft element (“in assembling, the shaft 1 is heated, sleeve upon the stub, and swaged into the grooves …. in cooling, the tubular shaft contracts upon the shaft stub, making a very secure connection”, pg. 1, ln. 66-77).
With regard to claim 9, Bright teaches at least one of the first shaft element (1) and second shaft element (2) is a hollow shaft (FIG. 3).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388) in view of Poulin (US 5,522,771).
With regard to claim 2, Bright teaches the invention as claimed; however, the citation does not teach the step of arranging a flexible element between the joining portion of the first shaft element and the joining portion of the second shaft element. However, Poulin from the same field of endeavor directed toward an axially fixed transmission joint teaches the aforementioned limitation: “member (30) being elastically deformable whereby to permit the inclination of the axis of rotation (X--X) of the first shaft relative to the axis of rotation (Y--Y) of the second shaft,” (emphasis added) (Abstract).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, to include arranging a flexible element between the joining portion of the first shaft element and the joining portion of the second shaft element, as suggested and taught by Poulin, for the purpose of providing the elastically deformable diaphragm 30 to resist the resultant of the pressure forces to which it is subjected when one of the two shafts is biased or urged relative to the other in the axial direction common to these two shafts (Poulin: col. 3, ln. 4-8)..
With regard to claim 3, Poulin teaches the steps of forming a circumferential recess (recess formed by inner surface 31 and outer surface 33, FIG. 1) in the second shaft element; and positioning the flexible element (30) in the circumferential recess (FIG. 1).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388) in view of Littau et al. (US 11,629,761)
With regard to claim 5, Bright teaches the invention as claimed; however, the citation does not teach the step of forming the protrusion in the axial direction from the axial end face of the second shaft element toward the axial end face of the first shaft element. However, Littau from the same field of endeavor directed toward a universal joint shaft with universal joint shaft protection teaches forming a protrusion (22/23) in the axial direction (FIG. 4) from the axial end face of the second shaft element (6) toward the axial end face of the first shaft element (10) (FIG. 1).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, to include forming the protrusion in the axial direction from the axial end face of the second shaft element toward the axial end face of the first shaft element, as suggested and taught by Littau, for the purpose of providing an enhanced coupling between adjacent shaft members.
With regard to claim 6, Littau teaches the step of forming a protrusion (22/23) on first shaft element (10) that is directed to the second shaft element (6) and/or forming a protrusion on second shaft element that is directed to the first shaft element comprises the step of forming a cone shaped protrusion (limitation not provided patentable weight as the limitation “and/or” requires one or both adjacent limitations due to the term “or”).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388) in view of Filgertshofer (DE 102017122122)
With regard to claim 10, Bright teaches the invention as claimed; however, the citation does not explicitly teach the step of arranging a rotor of an electric motor on at least one of the first shaft element and the second shaft element. However, Filgerstshofer from the same field of endeavor related to a process for manufacturing a rotor shaft teaches that the aforementioned limitation is well known regarding arranging a rotate of an electric motor on a shaft: “The rotor shaft can be part of the electrical assembly, the electrical assembly comprising the rotatively driven rotor shaft or being connected to the rotor shaft for rotationally driving the rotor shaft. The electrical unit can preferably be an electrical motor or an electrical generator. The rotor shaft can be used particularly advantageously in a vehicle, in particular a land vehicle, for example an automobile, with an electric motor.”, pg. 4, ln. 48-50.
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, such that arranging a rotor of an electric motor on at least one of the first shaft element and the second shaft element, as suggested and taught by Filgertshofer, for the purpose of providing additional operational environments for which to utilize the subject invention within.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388) in view of Parpaiola et al. (EP 0677354).
With regard to claim 11, Bright teaches the invention as claimed as detailed above; however, the citation does not teach the limitation of the step of welding the first shaft element and second the second shaft element by forcing a current flow through the first shaft element and the second shaft element comprises a capacitor discharge welding. However, Parpaiola from the same field endeavor directed toward a method for manufacturing by capacitor discharge welding metal-plate radiator elements for domestic heating systems teaches the use of capacitor discharge welding to join pipe components 12 to fittings 13 (“a dielectric gap 33 is left between the electrodes 30a, 30b, and said electrodes are connected to the respective poles of the capacitor-discharge source 24 described above and are subjected to the discharge of said source, which welds the pipes 12 to the fittings 13 producing welding beads or other surface discontinuities in the region where said fittings and said pipes join.” (col. 3, ln. 51-58). Alternatively, Parpaiola teaches that the capacitor discharge welding “welds the pipes 12 to the fittings 13 without adding material and therefore entirely without producing welding beads or other surface discontinuities in the region where said fittings and said pipes join”. (col. 3, ln. 55-58).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, such that capacitor discharge welding is utilized for the joining function, as suggested and taught by Parpaiola, for the purpose of substituting one known type of welding step with another known type of welding step, with the expected results that the substituted welding step would function to weld the pipe components together.
Claims 18 and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388) in view of Parpaiola et al. (EP 0677354) and Filgertshofer (DE 102017122122).
With regard to claim 18, Bright teaches A method of manufacturing an assembled shaft (FIG. 3), comprising the following steps: at least one of a step of expanding the inner diameter (“the shaft 1 is heated”, pg. 1, ln. 66) of at least a joining portion of a first shaft (1) element and a step of reducing the outer diameter of at least a joining portion of a second shaft element (the limitation “at least one of a step” requires one or both of the limitations which follow this recitation to be provided patentable weight – the Examiner is providing patentable weight to the limitation “expanding the inner diameter”; the written description of the instant patent application provides the following description related to “expansion”: “Expansion can be achieved by a wide variety of methods, on the one hand by the action of heat or other media, and on the other hand by mechanical, electromechanical or hydraulic action”(emphasis added), para. [0030]); positioning the joining portion of the first shaft element (1) around the joining portion of the second shaft element (2) (“the shaft 1 is of such dimensions as to be sleeved upon the shaft stub”, pg. 1, ln. 64-65); welding the first shaft element (1) and the second shaft element (2) by forcing a current flow through the first shaft element (1) and the second shaft element (2) (“To further reinforce and secure the joint the end of the shaft 1 is welded at 6 upon the beveled shoulder. This is preferably, and as we have practiced our invention, an acetylene or an electric arc weld securing a fusing weld of the parts entirely around the joint.”, pg. 1, ln. 78-84)(emphasis added) ; and at least one of a step of reducing the inner diameter of at least the joining portion of the first shaft element (“in assembling, the shaft 1 is heated, sleeve upon the stub, and swaged into the grooves …. in cooling, the tubular shaft contracts upon the shaft stub, making a very secure connection”, pg. 1, ln. 66-77) (emphasis added) and a step of increasing the outer diameter of at least the joining portion of the second shaft element (the limitation “at least one of a step” requires one or both of the limitations which follow this recitation to be provided patentable weight – the Examiner is providing patentable weight to the limitation “reducing the inner diameter”; the written description of the instant patent application provides the following description related to “reduction”: “Further, it is possible to reduce the effective diameter of the joining portion of the second shaft element. This may be achieved by supplying cold media, such as liquid nitrogen or by mechanical, electromechanical or hydraulic processes, which, for example, but not only by elongation in the axial direction, lead to a reduction in the diameter,” (emphasis added), para. [0031]).
Bright further teaches at least one of the following two steps: forming a protrusion (5) on the first shaft element (1) that is directed to the second shaft element (2); forming a protrusion (5) on the second shaft element (2) that is directed to the first shaft element (1); and further comprising the following step: welding the first shaft element and the second shaft element by melting the protrusion by the current flow (“fuse Welding the inner end of the tube to the beveled shoulder”, cl. 4).
Bright does not teach welding the first shaft element and the second shaft element by melting the protrusion by the current flow; however, Parpaiola from the same field of endeavor directed toward a method for manufacturing by capacitor-discharge welding metal-plate elements teaches the aforementioned limitation as it is known that capacitor-discharge welding employs capacitors which store electrical energy to discharge this energy within milliseconds and thereby generating heat via electrical energy such that the heat melts a volume of material at the contact point: “Essentially, the invention is based on the concept of assembling the individual parts that compose each radiator element by capacitor-discharge welding, performed by means of discharge electrodes that simultaneously act as elements for retaining and mutually positioning said components. Based on this essential concept, the invention comprises a first step for manufacturing the heads, which consists in positioning the half-shells of the heads inside respective electrodes, in which corresponding retention and centering recesses for said half-shells are formed; in placing said electrodes, containing the half-shells, close to each other, leaving a dielectric gap therebetween; and in subjecting said electrodes to a capacitor discharge by connecting them to the respective poles of a capacitor-discharge current source. The discharge produces the perimetric welding of the half-shells without forming raised beads or other surface imperfections, so that when the discharge has occurred the electrodes are opened and the finished head is removed.”, (Parpaiola: para. [0008]).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, to such that welding the first shaft element and the second shaft element by melting the protrusion by the current flow, as suggested and taught by Parpaiola, for the purpose of providing a strong weld without producing welding beads or other surface discontinuities (Parpaiola: para. [0019]).
Bright does not teach wherein the joining portion of the first shaft element is arranged around the joining portion of the second shaft element by press fit; however, Filgertshofer from the same field of endeavor directed toward a process for manufacturing a rotor shaft and rotor shaft teaches the aforementioned limitation: “The rotating body, which is open on both sides, is then connected on both sides with attachments or connecting elements by means of a press fit and / or welding. These are used to support the shaft.”.
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, such that the joining portion of the first shaft element is arranged around the joining portion of the second shaft element by press fit, as suggested and taught by Filgertshofer, for the purpose of providing a secure fitment between the respective shaft elements.
With regard to claim 24, Bright teaches the steps of forming an essentially cylindrical opening (FIG. 3) in the end face of the first shaft element extending in the axial direction of the first shaft element (1), wherein the essentially cylindrical opening in the end face of the first shaft element forms the joining portion of the first shaft element; and positioning the joining portion of the second shaft element (2) in the essentially cylindrical opening in the end face of the first shaft element (1) (FIG. 3).
With regard to claim 25, Bright teaches the step of expanding the inner diameter of at least the joining portion of the first shaft (1) element comprises the step of heating at least the joining portion of the first shaft element (“the shaft 1 is heated”, pg. 1, ln. 66); and the step of reducing the inner diameter of at least the joining portion of the first shaft element (1) comprises the step of cooling at least the joining portion of the first shaft element (“in assembling, the shaft 1 is heated, sleeve upon the stub, and swaged into the grooves …. in cooling, the tubular shaft contracts upon the shaft stub, making a very secure connection”, pg. 1, ln. 66-77).
With regard to claim 26, Bright teaches at least one of the first shaft element (1) and second shaft element (2) is a hollow shaft (FIG. 3).
With regard to claim 27, Parpaiola teaches the step of welding the first shaft element and second the second shaft element by forcing a current flow through the first shaft element and the second shaft element comprises a capacitor discharge welding (“Essentially, the invention is based on the concept of assembling the individual parts that compose each radiator element by capacitor-discharge welding, performed by means of discharge electrodes that simultaneously act as elements for retaining and mutually positioning said components. Based on this essential concept, the invention comprises a first step for manufacturing the heads, which consists in positioning the half-shells of the heads inside respective electrodes, in which corresponding retention and centering recesses for said half-shells are formed; in placing said electrodes, containing the half-shells, close to each other, leaving a dielectric gap therebetween; and in subjecting said electrodes to a capacitor discharge by connecting them to the respective poles of a capacitor-discharge current source. The discharge produces the perimetric welding of the half-shells without forming raised beads or other surface imperfections, so that when the discharge has occurred the electrodes are opened and the finished head is removed.”, (Parpaiola: para. [0008])).
Claim 19-21 is rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388), Parpaiola et al. (EP 0677354) and Filgertshofer (DE 102017122122) as detailed above, and further in view of Poulin (US 5,522,771).
With regard to claim 19, Bright, Parpaiola and Filgertshofer teach the invention as claimed; however, the citations do not teach the step of arranging a flexible element between the joining portion of the first shaft element and the joining portion of the second shaft element. However, Poulin from the same field of endeavor directed toward an axially fixed transmission joint teaches the aforementioned limitation: “member (30) being elastically deformable whereby to permit the inclination of the axis of rotation (X--X) of the first shaft relative to the axis of rotation (Y--Y) of the second shaft,” (emphasis added) (Abstract).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, to include arranging a flexible element between the joining portion of the first shaft element and the joining portion of the second shaft element, as suggested and taught by Poulin, for the purpose of providing the elastically deformable diaphragm 30 to resist the resultant of the pressure forces to which it is subjected when one of the two shafts is biased or urged relative to the other in the axial direction common to these two shafts (Poulin: col. 3, ln. 4-8)..
With regard to claim 20, Poulin teaches the steps of forming a circumferential recess (recess formed by inner surface 31 and outer surface 33, FIG. 1) in the second shaft element; and positioning the flexible element (30) in the circumferential recess (FIG. 1).
With regard to claim 21, Bright teaches at least one of the following two steps: forming a protrusion (5) on the first shaft element (1) that is directed to the second shaft element (2); forming a protrusion (5) on the second shaft element (2) that is directed to the first shaft element (1); and further comprising the following step: welding the first shaft element and the second shaft element by melting the protrusion by the current flow (“fuse Welding the inner end of the tube to the beveled shoulder”, cl. 4).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Bright et al. (US 1,291,388), Parpaiola et al. (EP 0677354), Filgertshofer (DE 102017122122) and Poulin (US 5,522,771) as detailed above, and further in view of Littau et al. (US 11,629,761)
With regard to claim 5, Bright, Parpaiola, Filgertshofer, and Poulin teach the invention as claimed; however, the citation(s) does not teach the step of forming the protrusion in the axial direction from the axial end face of the second shaft element toward the axial end face of the first shaft element. However, Littau from the same field of endeavor directed toward a universal joint shaft with universal joint shaft protection teaches forming a protrusion (22/23) in the axial direction (FIG. 4) from the axial end face of the second shaft element (6) toward the axial end face of the first shaft element (10) (FIG. 1).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, to include forming the protrusion in the axial direction from the axial end face of the second shaft element toward the axial end face of the first shaft element, as suggested and taught by Littau, for the purpose of providing an enhanced coupling between adjacent shaft members.
With regard to claim 6, Littau teaches the step of forming a protrusion (22/23) on first shaft element (10) that is directed to the second shaft element (6) and/or forming a protrusion on second shaft element that is directed to the first shaft element comprises the step of forming a cone shaped protrusion (limitation not provided patentable weight as the limitation “and/or” requires one or both adjacent limitations due to the term “or”).
Response to Arguments
Applicant's arguments filed 01/30/26 have been fully considered and are addressed hereafter. The prior art rejections have been adapted as detailed above in view of the newly presented claim limitations. With regard to the Applicant’s contention(s) that Bright fails to teach the limitation of forcing a current flow through the first shaft element and the second shaft element, Bright teaches (as detailed above) utilizing electric arc welding which is a process that employs electricity to create an arc between a metal electrode and the subject workpieces. Notwithstanding the foregoing, assuming it was determined that Bright does not teach the aforementioned limitation, claim 11 of the instant patent application recites “the step of welding the first shaft element and the second shaft element by forcing a current flow through the first shaft element and the second shaft element comprises a capacitor discharge welding” in which Parpaiola is cited (as detailed above) regarding the limitation of “a capacitor discharge welding”; however, the conclusory assertions presented at pg. 11 of Applicant’s arguments that the prior art citation does not teach the aforementioned limitation is not persuasive. Additionally, it must be stressed that the written description of the instant patent application explicitly describes: “The step of welding the first shaft element and the second shaft element by forcing a current flow through the first shaft element and the second shaft element comprises a capacitor discharge welding.” (para. [0041]) (emphasis added). Additionally, as detailed above, it must be stressed: “Parpaiola from the same field endeavor directed toward a method for manufacturing by capacitor discharge welding metal-plate radiator elements for domestic heating systems teaches the use of capacitor discharge welding to join pipe components 12 to fittings 13 (“a dielectric gap 33 is left between the electrodes 30a, 30b, and said electrodes are connected to the respective poles of the capacitor-discharge source 24 described above and are subjected to the discharge of said source, which welds the pipes 12 to the fittings 13 producing welding beads or other surface discontinuities in the region where said fittings and said pipes join.” (col. 3, ln. 51-58). Alternatively, Parpaiola teaches that the capacitor discharge welding “welds the pipes 12 to the fittings 13 without adding material and therefore entirely without producing welding beads or other surface discontinuities in the region where said fittings and said pipes join”. (col. 3, ln. 55-58). Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bright reference, such that capacitor discharge welding is utilized for the joining function, as suggested and taught by Parpaiola, for the purpose of substituting one known type of welding step with another known type of welding step, with the expected results that the substituted welding step would function to weld the pipe components together.” Further, the remaining comments presented by the Applicant regarding claims 2, 3, 5, 6, 10, and 11 are conclusory without providing substantive differentiation between the prior art and the subject claim(s).
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 JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on M-F: 09:00-17:00 EST.
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/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
Prosecution Insights