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 .
Election/Restrictions
Applicant’s election without traverse of Group II (Claims 9-12) in the reply filed on 10/10/2025 is acknowledged. Claims 1-8 and 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claims 9-10 are objected to because of the following informalities:
Claim 9 recites “the form”. There is insufficient antecedent basis for this limitation.
Claim 10 recites “the superimposed modification”. There is insufficient antecedent basis for this limitation.
Claim 10 recites “the single indexing method”. There is insufficient antecedent basis for this limitation.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-12 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 9 recites “multiple parameters, such as their amplitude, frequency, or phase shift”. This is a recitation of a broad (multiple parameters) then narrow (amplitude frequency or phase shift) limitation that renders the claim unclear. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 9 recites “such as”. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 10 recites “a design parameter of a virtual gear cutting machine, such as a radial for influencing the spiral angle or the like,”. This is a recitation of a broad (design parameter) then narrow (a radial for influencing the spiral angle) limitation that renders the claim unclear. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 10 recites “such as” in two places. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 10 recites “or the like”. The phrase "or the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 10 recites “a manufacturing parameter of the gear cutting machine, such as a movement of a linear axis or a workpiece axis”. This is a recitation of a broad (manufacturing parameter) then narrow (a movement of a linear axis or a workpiece axis) limitation that renders the claim unclear. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Prior Art Listing
US20230278121A1 (2021-08-31) – referred to as Stadtfeld
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 9-10 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stadtfeld (US20230278121A1).
Claim 9
Stadtfeld teaches a method for producing a gearwheel (¶0018 teaches the invention relates to production of tooth flank surfaces on a gear.), the method including the following steps: specifying a setpoint geometry of the gearwheel (Figure 2 shows the original (setpoint) tooth shape that is modified. ¶0042 teaches that modification amounts for each tooth are calculated, which means that there is a baseline shape that is modified using the method.), specifying a modification superimposed on the setpoint geometry in the form of a pitch and/or topography changing from tooth to tooth (Figure 5 and ¶0042 teach that the modifications vary from tooth to tooth. The modifications shown in Figure 5 include the pitch of the teeth. ¶0032-0033 teach that the modifications are specific to individual teeth.), and producing the gearwheel by means of a gear cutting machine (Figure 1 and ¶0034 teach a free-form bevel gear cutting machine that is used to perform the modifications.), wherein a variation of the pitch and/or topography specified by the modification, observed over a total number of teeth of the gearwheel, corresponds to a superposition of at least two harmonic functions which differ from one another in one parameter or in multiple parameters, such as their amplitude, frequency, or phase shift. (Figure 3 shows multiple harmonic functions (First, Sine, 3rd) that are superimposed on one another and differ in at least one parameter. ¶0041 teaches this graph indicate the modified material removal of the tooth/teeth. This is a modification of the topography of the tooth/teeth.)
Claim 10
This claim is interpreted as presented three alternatives. The chosen alternative is indicated by an underline in the reproduction of the claim below.
Stadtfeld teaches the method according to claim 9, wherein the manufacturing of each gap of the gearwheel is carried out using gap-specific machine settings, in order to manufacture the setpoint geometry having the superimposed modification wherein the gearwheel is in particular a bevel gear that is produced in the single indexing method; or the gearwheel is a bevel gear that is produced in the single indexing method, wherein a design parameter of a virtual gear cutting machine, such as a radial for influencing the spiral angle or the like, which are converted into manufacturing parameters of the gear cutting machine, is varied specifically by gap in order to manufacture the setpoint geometry having the superimposed modification; or a manufacturing parameter of the gear cutting machine, such as a movement of a linear axis or a workpiece axis, is varied specifically by gap in order to manufacture the setpoint geometry having the superimposed modification. (Figure 5 and ¶0042 teach that the modifications vary from tooth to tooth. Since the modifications are done using a machine (¶0034) by modifying the machine axis parameters (¶0037-0039), each tooth (and therefore tooth gap) has machine specific settings.).
Claim 12
Stadtfeld teaches the method according to claim 9, wherein the variation of the pitch and/or topography specified by the modification, observed over the total number of teeth of the gearwheel, corresponds to a superposition of precisely three sine functions. (Figure 5 shows multiple sine functions used to determine the modifications of the gear teeth. There are three functions shown: First Order, Sine Function, and 3rd Order. ¶0032 teaches the first order modification can be a sine function. ¶0033 or ¶0096 teaches the second level function can be a sinusoidal function. Figure 3 shows the 3rd order function as a sine function.)
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the most relevant prior art found during the search and examination period for the application does not teach or obviate the limitations of Claim 11.
Claim 11 requires all of the limitations of Claim 9, as well as a specific formula/rule not found in the prior art. The most relevant prior art includes:
Document
Date
Description of Relevant Subject Matter
US20040088861A1
2003-04-22
Vinayak teaches a method of determining and carrying out Gear Tooth Topological (GTT) modifications (¶0041) and performing isotropic processing of the gear teeth (¶0041) in order to reduce noise and transmission error (¶0002).
Vinayak does not disclose at least two harmonic functions.
US20180314226A1
2016-11-03
Kienzle teaches a method for machining toothings on workpieces in rolling machining engagement (See Abs). The method includes modifying the setpoints (¶0004) periodically (¶0006). The setpoint modification can be designed harmonically (¶0007) based on a harmonic function (¶0008 or ¶0026). ¶0032 teaches the harmonic correction function is adapted by modifying the amplitude. ¶0018 teaches the instructions are executed on a toothing machine.
US20230278121A1
2021-08-31
Stadtfeld teaches a method of producing a tooth flank surface on a gear wheel (¶0018) in a bevel gearset (¶0031). The method includes a modification of a theoretical surface by introducing modifications (¶0010). The modification is dictated by a first order function (¶0032); a second/sine function (¶0033); and a third order function (Figure 3). The forming is performed on a bevel gear cutting or grinding machine (¶0034). Figure 3 teaches three functions (first order, sine, and third order function) used in the modification method. ¶0036-0039 teach that movement of the workpiece axis (A) is performed during the method.
US20050266774A1
2005-05-06
Baldeck teaches a machine for grinding helical gears (Figure 1 and ¶0018). The parameters of the machining are varied along the stroke length for each tooth (¶0024) based on a sinusoidal function (See Figures 2 and 5) in order to produce a surface modification of the tooth. ¶0026 teaches the sine waves (and therefore the functions) have different amplitudes in each segment (on each tooth). Figure 8 shows multiple different functions can be used for each section of tooth.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Notice of References Cited Form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726