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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “110” (see Fig 13) has been used to designate both a “circlip” and a “nut”.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “the spline member extends through the spider cage” as described in the specification. “Through” is defined as “used as a function word to indicate movement into something at one side or point and out at another and especially the opposite side of” by Merriam-Webster. The spline member extends into the spider cage but not through the spider cage. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
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. 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 of the following informalities: item 100 is described as a “nut”, but looks as if it is and behaves like a washer. Please clarify if item 100 is indeed a nut.
Further, the claimed universal key receiver may also be confused with the “universal key passageway 132” in paragraph 0038. Please clarify.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a “conversion assembly”, does not reasonably provide enablement for anything beyond the “conversion assembly” (i.e., the beyond the connecting shaft inserted into the spider cage). The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
Claim 1 is broader than the specification, because it states “marrying” and not what the teeth are married to as the spider cage is not positively recited. Paragraph 0005 describes the drain train conversion assembly that, “generally includes an end member, a joining member, a connection member and a spline member”. Paragraph 0025 states the conversion assembly, “includes a base portion 10, a body portion 30 and a top portion 40 as shown in FIG. 3-10”.
Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). If Applicant wishes to claim the universal key receiver and the spider cage, such should be positively recited.
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 1-20 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.
The scope of the invention is unclear as claim 1 recites, “a spline member connected to the connection member and having a plurality of teeth marrying a universal key receiver of a spider cage”. The “marrying a universal key receiver of a spider cage” is considered functional language, thus it is unclear whether the recited functionality is: (1) a required functional limitation that the claimed function must be capable of performing (Figs. 14-16, for example), (2) an optional feature that may or may not be present (Figs. 4-6 and paragraphs 0005 and 0025, for example), or (3) merely a statement of intended use or a description of one possible mode of operation among others not positively recited.
It is further unclear what is being married as the universal key receiver is also labeled as a “universal key passageway 132” at paragraph 0038. What actually is a universal key receiver or passageway as it pertains to the spider cage or transmission. Please clarify.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 104141773).
Li discloses and shows at Fig. 4 a drive train conversion assembly comprising:
an end member (320);
a joining member (330) positioned abutting an upper portion of the end member;
a connection member (not labeled, between items 330 and 322) coupled to an upper portion of the joining member; and
a spline member (322) connected to the connection member and having a plurality of teeth marrying a universal key receiver of a spider cage, the spline member further includes a bolt receiver (Fig. 3, hole therein).
Cl. 3 – the drive train conversion assembly further comprises a stabilizer (360).
Cl. 4 – the stabilizer includes a locking receiver (through hole therein).
Cl. 5 – the stabilizer couples to the spline member (Fig. 3).
Cl. 6 – the drive train conversion assembly further comprises a base cap (depressed portion) positioned under the end member (320).
Claim Rejections - 35 USC § 103
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 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. as applied to claims 1-6.
Li discloses and shows the invention of claims 1-5 as described elsewhere above. Regarding claim 7, Li’s end member (320) does not include a plurality of passageways as claimed to couple to a drive shaft, but appears to be mated to a shared spline member that also mates with drive shaft 328, drive shaft 328 transfers torque from the spider cage.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the splined connections from Li with a bolted flanged connection since splined connections and bolted flange connections are equivalents in the art and the selection of either would have been well within the level of skill in the art.
Cl. 8 – the connection member (area between 330 and 322) has a circumference less than a circumference of the joining member (330).
Cl. 9 – the spline member is an elongated cylinder abutting an upper portion of the connection member.
Cl. 10 – the spline member further includes a spline gap (spacing between individual, longitudinal splines) positioned in a central region of the spline member.
Cl. 11 – a lower part of the stabilizer has a circumference equal to the spline member.
Cl. 12 – an upper part of the stabilizer (366) has a circumference greater than the lower part of the stabilizer (see Fig. 4).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. as applied to claims 1-12 and in view of Shinjo et al. (JP 2022-157365).
Li discloses and shows the invention of claims 1-12 as described elsewhere above. Regarding claim 13, Li’s drive train includes one pin (342). Shinjo discloses and shows a drive train conversion assembly including a pair of pins (22), wherein each pin includes a rod member (shaft body, 22) with a bulbous head portion (Figs. 1 and 2) the pair of pins maintain radial alignment of the gears (23) while providing an opening within the drive train conversion assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Li drive train to include a pair of pins, each having a rod member with a bulbous head to also maintain radial alignment of the while providing an opening within the drive train conversion assembly.
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al in view of Shinjo et al. and further in view of Tyson et al. (5,901,618).
Li discloses and shows the invention of claims 1-14 as described elsewhere above. Neither Li nor Shinjo describes a c-clip. Tyson discloses and shows a drive train conversion assembly that converts torque from a prime input to an output that further comprises a c-clip to retain axles (20) in its axial position (col. 11:11-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined Li, Shinjo assembly to include a c-clip to also maintain an axial position of a shaft as taught by Tyson.
Cl. 16 – the spline member extends through the spider cage and couples with a rotatory drive train.
Cl. 17 – the pair of pins are positioned on opposing ends (sides) of the spider cage (Shinjo).
Cl. 18 – the locking receiver of the stabilizer aligns with the bolt receiver of the spline member.
Cl. 19 – the spline member (322) is positioned against a spline receiver (318) of the connection member.
Cl. 20 – a fastener (354) is threaded through both the locking receiver and the bolt receiver.
Conclusion
The following claim drafted by the examiner and considered to distinguish patentably over the art of record in this application, is presented to applicant for consideration:
A drive train conversion assembly comprising:
an end member;
a joining member positioned abutting an upper portion of the end member;
a connection member coupled to an upper portion of the joining member;
a spline member connected to the connection member and having a plurality of teeth extending a circumference of the spline member (para 0031), wherein the spline member further includes a first end face and a bolt receiver extending into the spline member (para 0031);
a spider cage comprising a (universal key receiver) or (plurality of gears within the spider cage), and
a stabilizer comprising a second end face and through hole, wherein
the spline member is received within one end of the spider cage and further received within (the universal key receiver) or (two of the plurality of gears within the spider cage), (the universal key receiver) or (the two of the plurality of gears) with an internal circumference with teeth to mesh with the spline member, wherein
the stabilizer is received within an opposite end of the spider cage, the second end face is mated with the first end face, wherein the through hole is aligned with the bolt receiver, and
a fastener is received within the through hole of the stabilizer and within the bolt receiver of the spline member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
Prosecution Insights