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 .
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.
Claim(s) 1-4 and 7-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pool US 4733450.
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Pool discloses an axle puller capable of being used as a CV axle puller comprising: a first clamp member (18) having a first curved surface and a first pulling member (64); and a second clamp member (28) having a second curved surface and a second pulling member (66), wherein the first clamp member and the second clamped member are releasably coupled together (via threaded bolt 52) with the first curved surface facing the second curved surface to form a clamp axis (see Fig. 2 above), wherein: the first pulling member (64) and the second pulling member (66) are parallel to the clamp axis and extend in a same direction from the first clamp member and the second clamp member (see Figs. 1-3); and the first clamp member and the second clamp member are capable of clamping around a housing of a CV axle (20; see fig. 1) with the first curved surface and the second curved surface engaging an outer curved surface of the housing of the CV axle (see Fig. 1).
As for claim 2, Pool discloses wherein the first pulling member (64) comprises a first aperture (see Figs. 2-3) and the second pulling member (66) comprises a second aperture (see Figs. 2-3).
As for claim 3, Pool discloses a flexible force applying member (16, 82, 84) coupled between the first aperture of the first pulling member and the second aperture of the second pulling member (see Fig. 1).
As for claim 4, Pool discloses a handle (11, 14) coupled to a mid-point of the flexible force applying member (16), wherein the handle is configured to be abruptly pulled in a direction substantially coaxially with the clamp axis and away from a differential the CV axle (slide hammer 12) is coupled to and applies an abrupt force to the housing of the CV axle for dislodging the CV axle from the differential.
As for claim 7, Pool discloses wherein the first clamp member (18) and the second clamp member (28) are adjustably coupled together, wherein the distance between the first curved surface and the second curved surface is adjustable to account for different sized housings of the CV axle (screw bolt 52 and wing nut 62; col. 3, lines 11-33).
As for claim 8, Pool discloses a method of using an axle puller capable of being used with a CV axle, the method comprising: coupling the axle puller (10) to a housing of the CV axle (20), the CV axle puller having a clamp axis; coupling a flexible force applying member (16) to the CV axle puller (see Fig. 1); and applying an abrupt force pulled in a direction substantially coaxially with the clamp axis and away from a differential the CV axle is coupled to and thereby applying an abrupt force to the housing of the CV axle through the CV axle puller for dislodging the CV axle from the differential (col. 2, lines 42-52).
As for claim 9, Pool discloses wherein the CV axle puller comprises: a first clamp member (18) having a first curved surface and a first pulling member (64); and a second clamp member (28) having a second curved surface and a second pulling member (66), wherein the first clamp member and the second clamped member are releasably coupled together (via screw bolt 52 and wing nut 62) with the first curved surface facing the second curved surface to form the clamp axis (see Fig. 2), and wherein the first pulling member and the second pulling member are parallel to the clamp axis (see Fig. 2) and extend in a same direction from the first clamp member and the second clamp member (see Figs. 1-3 and 5).
As for claim 10, Pool discloses wherein coupling the CV axle puller (10) to the housing of the CV axle (20) comprises clamping the first clamp member (18) and the second clamp member (28) around the housing of a CV axle with the first curved surface and the second curved surface engaging an outer curved surface of the housing of the CV axle (Fig. 1, and col. 2, lines 42-52 and col. 4, lines 22-39).
As for claim 11, Pool discloses wherein clamping the first clamp member (18) and the second clamp member (28) around the housing of the CV axle comprises adjustably coupling the first clamp member to the second clamp member to adjust the distance between the first curved surface and the second curved surface to account for different sized housings (col. 3, lines 11-33; adjusted via threaded bolt 52).
As for claim 12, Pool discloses wherein prior to applying the abrupt force, the method comprises releasably coupling a handle (11, 14) to a midpoint of the flexible force applying member (16).
As for claim 13, Pool discloses wherein applying the abrupt force pulled in a direction substantially coaxially with the clamp axis is accomplished in response to applying an abrupt force to the handle in a direction substantially coaxially with the clamp axis (col. 2, lines 42-52 and col. 4, lines 22-39).
As for claim 14, Pool discloses wherein the first pulling member (64) comprises a first aperture (Figs. 2-3 and 5) and the second pulling member (66) comprises a second aperture (Figs. 2-3 and 5).
As for claim 15, Pool discloses wherein coupling the flexible force applying member (16) to the CV axle puller (10) further comprising coupling the flexible force applying member (16) between the first aperture of the first pulling member and the second aperture of the second pulling member (see Fig. 5).
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.
Claim(s) 5-6 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pool US 4733450 in view of Jerabek US 1620211.
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As for claims 5, 6, 16 and 17, Pool discloses wherein the first pulling member (64) and the second pulling member (66) are each a slotted shoulder and wherein the flexible force applying member is a cable, but does not specify wherein the pulling members are eye bolts and the flexible force applying member is a chain. However, the use of eyebolts for pulling devices is well known in the art as evidence by Jerabek who teaches a pulling device provided with eyebolts (21) and connected to chains (23) for attaching and pulling a wheel. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to substitute the slotted shoulders and cable of Pool with an eyebolt and chain attachment as taught by Jerabek as an alternative means of providing a pulling force to the axle puller.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723