Prosecution Insights
Last updated: April 19, 2026
Application No. 18/408,799

SYSTEMS AND METHODS FOR DYNAMIC AND CONTINUOUS PHASE ADJUSTMENT USING STRAIN-WAVE GEARING FOR POWER TRANSMISSION SHAFTS

Non-Final OA §103
Filed
Jan 10, 2024
Examiner
BROWN, JOSEPH HENRY
Art Unit
3618
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Tesla Inc.
OA Round
3 (Non-Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
2y 10m
To Grant
98%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
271 granted / 453 resolved
+7.8% vs TC avg
Strong +38% interview lift
Without
With
+38.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
42 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
23.9%
-16.1% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 453 resolved cases

Office Action

§103
DETAILED CORRESPONDENCE 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/2026 has been entered. Response to Amendment The amendment filed 01/20/2026 has been entered. 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 1-10 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendershot (US 4951518 A) in view of CTS. Regarding claim 1, Hendershot discloses a power transmission assembly (see Fig. 2; 10) comprising: a first shaft (12) along an axis (axis of 12), the first shaft having a first end (left end of 12 in the figure) and a second end (right end of 12 in the figure); a second shaft (13) along the same axis as the first shaft, the second shaft having a first end (right end of 13 in the figure) and a second end (left end of 13 in the figure), the first end of the second shaft being configured to engage with the second end of the first shaft; a first input coupled to a portion of the first shaft (see column 5 lines 64-67, wherein such bushing carrying a key and key means 32 for connection to an appropriate sprocket or other drive connection with the machinery to be regulated; note that gears are another drive connection with machinery); a harmonic drive shaft (72, 55, 56) engaged coaxially within the first shaft, the harmonic drive shaft extending beyond the first end of the first shaft (see Fig. 2, wherein 56 extends into 12, i.e., beyond the left end of 12 in the figure); a harmonic drive (11) engaged with the harmonic drive shaft adjacent the second end of the first shaft, the harmonic drive further engaged with the first end of the second shaft; and a second input (see column 6 lines 48-50, wherein a key 42 for joining the same to the suitable power take off, such as a sprocket and chain drive for connection with the machine to be regulated by assembly 10) coupled to a portion of the second shaft, wherein the harmonic drive comprises a flexspline (22) configured to rotate in the same direction as the first shaft when the harmonic drive shaft is rotating. Hendershot fails to disclose first and second input gears. However, CTS teaches the use of gears/sprockets depending on the system requirements (see page 1). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify the sprockets of Hendershot with gears, as taught by CTS, to allow for systems with non-parallel axes, to be able to handle higher torque and loads, to be able to handle high-speed applications, to provide higher precision, to provide increased efficiency and to provide higher durability (see page 3). Regarding claim 2, Hendershot discloses the harmonic drive (11) comprises: an elliptical wave generator (24) coupled to the harmonic drive shaft (55, 72), wherein the flexspline (22) is engaged with the elliptical wave generator; and a circular spline (20) surrounding at least a portion of the flexspline, the circular spline engaged with the flexspline, the circular spline configured to engage with the first end of the second shaft. Regarding claim 3, Hendershot discloses a flexspline adapter (35) coupled to the flexspline (22), the flexspline adapter configured to engage with the second end of the first shaft, such that the flexspline and the first shaft are configured to rotate together. Regarding claim 4, Hendershot discloses the circular spline (20) and the second shaft (13) are configured to rotate together. Regarding claim 5, Hendershot discloses a circular spline adapter (40b) coupled to the circular spline (20), the circular spline adapter configured to engage with the second shaft (13). Regarding claim 6, Hendershot discloses a shaft support (48) coupled to the circular spline (20), the shaft support configured to align the first shaft (12) and second shaft (13) along the same axis. Regarding claim 7, Hendershot discloses a motor assembly (14) coupled to the harmonic drive shaft (55, 72), the motor assembly configured to control a rotation of the harmonic drive shaft. Regarding claim 8, Hendershot discloses the harmonic drive shaft (55, 72) is configured to control a phase adjustment of the power transmission assembly (11; see column 8 lines 26-29, wherein When pulse current is provided to a stepper motor, for example, the rotor will rotationally advance or retard relative to the stator to drive the wave generator 24). Regarding claim 9, Hendershot discloses the harmonic drive shaft (55, 72) is configured to provide dynamic phase adjustment of the power transmission assembly while the power transmission assembly is in motion (see column 8 lines 26-29, wherein When pulse current is provided to a stepper motor, for example, the rotor will rotationally advance or retard relative to the stator to drive the wave generator 24). Regarding claim 10, Hendershot fails to disclose the harmonic drive is configured to provide a 160:1 gear ratio. However, it is well known in the art that the gear ratio of a harmonic drive is determined by the following equation: Gear Ratio = Number of flexspline teeth) / (Number of circular spline teeth - Number of flexspline teeth). As such, the gear ratio of the harmonic drive is considered a result effective variable, i.e., a variable that can be adjusted or optimized to achieve a specific result. Therefore, it would have been obvious to one having ordinary skill in the art as of the effective filing date to provide the particular claimed ratios of flexspline teeth and circular spline teeth thereof, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). Regarding claim 16, Hendershot discloses the flexspline (22) comprises gear teeth disposed on its outer circumference (see column 4 lines 32-36, wherein the second element or part of the strain wave gearing assembly comprises a flexible and thinner inner ring or spline gear 21 integral with a flexible cup 22. The flexible gear 21 carries a number of fine external spur gear teeth). Regarding claim 17, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the harmonic drive (Hendershot, 11) is configured to cause rotation of the second input gear (Hendershot, gear provided on 13) in a direction opposite a rotation of the first input gear (Hendershot, gear provided on 12) when the harmonic drive shaft is rotating (note that driving the motor in without any input would cause opposite rotation of the shafts 12 and 13). Regarding claim 18, Hendershot discloses the motor assembly (14) is positioned closer to the first end of the first shaft (left end of 12 in the figure) than the second end of the first shaft (right end of 12 in the figure), wherein the motor assembly configured to control rotation of the harmonic drive shaft (see column 7 lines 38-39, wherein the motor assembly 14 comprises an electrical motor 70 for controlling operation of the wave generator 24). Claim 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendershot (US 4951518 A) in view of CTS and Soroka (US 4579016 A). Regarding claim 19, Hendershot fails to disclose the motor assembly is not co-axial with the harmonic drive shaft. However, Soroka teaches the motor assembly (see Fig. 1; 18) is not co-axial with the harmonic drive shaft (38). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Hendershot with a motor assembly that is not coaxial with the harmonic drive shaft, as taught by Soroka, to reduce the axial size of the transmission assembly allowing for use with different size requirements. Additionally, it has been held that a rearrangement of parts, which does not modify the operation of the device, is an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this instance, a coaxial and a non-coaxial motor are both capable of rotating the harmonic drive shaft, such that providing one or the other is an obvious matter of design choice. Regarding claim 20, Hendershot fails to disclose the motor assembly is coupled to the harmonic drive shaft via a belt drive. However, Soroka teaches the motor assembly (see Fig. 1; 18) is coupled to the harmonic drive shaft (38) via a belt drive (see Fig. 2; 30). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Hendershot with a belt drive, as taught by Soroka, to reduce the axial size of the transmission assembly allowing for use with different size requirements. Additionally, it has been held that a rearrangement of parts, which does not modify the operation of the device, is an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this instance, a coaxial direct connect motor and a non-coaxial belt connected motor are both capable of rotating the harmonic drive shaft, such that providing one or the other is an obvious matter of design choice. Response to Arguments Applicant's arguments filed 01/20/2026 have been fully considered but they are not persuasive. Regarding Applicant’s argument that Hendershot fails to disclose “a harmonic drive shaft engaged coaxially within the first shaft, said harmonic drive shaft extending beyond the first end of the first shaft”, the Examiner respectfully disagrees. As can be seen from Fig. 2 of Hendershot, and as disclosed in column 7 lines 12-50, motor 70 rotates rotor shaft 72. The rotor shaft 72 is received within a locked to shaft adapter 63, so that shaft 72 rotates with shaft 55. Additionally, shaft 55 has a reduced cylindrical portion 56 which fits into the blind bore of shaft 30, which is part of the shaft assembly 12. The rejection of claim 1 above states that the left end of 12 in the figure is the first end of the shaft. Since the reduced cylindrical portion 56 of shaft 55 is inserted into shaft 30, it therefore extends beyond the left end of 12 in the figure. Given at least the arguments presented above, Hendershot in view of CTS disclose all the limitations of claim 1. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH BROWN whose telephone number is (313)446-6568. The examiner can normally be reached Mon-Thurs: 8:00am - 5:00pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 571-357-2384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH BROWN/Primary Examiner, Art Unit 3618
Read full office action

Prosecution Timeline

Jan 10, 2024
Application Filed
Jul 10, 2025
Non-Final Rejection — §103
Aug 12, 2025
Examiner Interview Summary
Aug 12, 2025
Applicant Interview (Telephonic)
Oct 13, 2025
Response Filed
Oct 28, 2025
Final Rejection — §103
Jan 20, 2026
Request for Continued Examination
Feb 04, 2026
Response after Non-Final Action
Feb 19, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
98%
With Interview (+38.3%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 453 resolved cases by this examiner. Grant probability derived from career allow rate.

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