Election/Restrictions
Applicant's election with traverse of a manufacturing method of a track race (Group I) in the reply filed on March 13, 2026 is acknowledged. The traversal is on the ground(s) that the determination of shared technical feature in the restriction requirement fails to take into account that Group II includes the limitation “formed by the manufacturing method according to claim 1”. This is not found persuasive because it does not change the fact that corresponding technical feature. Namely, Group I fails to share the Group Il technical features of housing, tripod and ball arrays.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 March 13, 2026.
Claim Rejections - 35 USC § 112
Claims 1-5 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 lacks a transitional phrase thus making the scope of the claim unclear.
Claim 5 is 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 include all the limitations of the claim upon which it depends. Claim 5 is directed to a product (a track race) but depends from a claim directed to a method of making the product. Since the patentability of a product does not rely on its method of production, claim 5 could be infringed without infringing on the claim from which it depends. As such, claim 5 fails the infringement test. See MPEP § 608.01(n)III.
Claim Rejections - 35 USC § 102
Claims 1, 3 & 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Orain, US 4,741,723. Orain discloses a manufacturing method of a track race (5, 13a) disposed between a housing (10) and a spider (1) of a tripod constant velocity joint and having a ball groove (7) an opening of which is narrowed, wherein an end section (20) for forming the narrowed opening of the ball groove is formed on an intermediate workpiece (13a) for manufacturing the track race through a press or swaging process using a press or swaging die (see “projections 20 resulting from moulding or forming operation after assembly” at col. 4, line 68 and col. 5, line 1.)
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitchin, US 3,918,777. Kitchin discloses a manufacturing method of a track race (12, 24) that could be disposed between a housing and a spider of a tripod constant velocity joint and having a ball groove (26) an opening (62) of which is narrowed, wherein an end section (68, 72) for forming the narrowed opening of the ball groove is formed on an intermediate workpiece (60) for manufacturing the track race through machining using a cutting tool (see ”cutting” at col. 4, line 56 and col. 5, line 32).
Claims 1-3 & 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Godec, US 5,499,452. Godec discloses a manufacturing method of a track race (10) that could be disposed between a housing and a spider of a tripod constant velocity joint and having a ball groove (22) an opening of which is narrowed, wherein an end section (52) for forming the narrowed opening of the ball groove is formed on an intermediate workpiece (80, see also “flat ring” at col. 2, line 31) for manufacturing the track race through machining using a cutting tool (see “punched” at col. 2, line 32 and “cut” at col. 3, line 60) or press process (60) using a press die (62, 66).
Claim Rejections - 35 USC § 103
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over any one of Godec, Orain and Kitchin in view of Pohlman, US 8,818,939. Each of Godec, Orain and Kitchin discloses a method of forming an opening in a track race, but does not expressly disclose hardening heat treatment after forming the opening. At col. 3, lines 51-52, Pohlman teaches heat treating a track race (58) after forming an opening (see “apertures”) in a track race (58) in order to harden the track race. It would have been obvious to one of ordinary skill in the art to modify the method of any one of Godec, Orain and Kitchin by including heat treating after forming an opening in order to harden the track race as taught by Pohlman
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
At Fig. 5, Orain US 4,518,370 discloses a track race (35) disposed between a housing (36) and a spider (18B) of a tripod constant velocity joint (7B).
Hase discloses a track race (19) disposed between a housing (1) and a spider (4) of a tripod constant velocity joint.
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/Greg Binda/Primary Examiner, Art Unit 3679
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