DETAILED ACTION
The present application, filed on 01/18/2024, is being examined under the first inventor to file provisions of the AIA .
The following is a Non-Final Office Action on the merits in response to applicant’s filing from 01/18/2024.
Claims 1-21 are pending and have been considered below.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/18/2024, 05/24/2024, 12/05/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “disk” (claim 1) must be shown or the feature canceled from the claims. No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claim 1, lines 1-2 is objected to because of the following informalities: “the assembly” should read, “the portal lift assembly”. Appropriate correction is required.
Claim 1, line 18 is objected to because of the following informalities: “a seal on the break module that fluidly seal” should read, “a seal on the brake module that fluidly seals”. Appropriate correction is required.
Claim 1, lines 20-21 is objected to because of the following informalities: “the interior volume of said brake module” should read, “the internal volume of said brake module”. Appropriate correction is required.
Claim 11, line 3 is objected to because of the following informalities: “to fluidly seals the internal volume” should read, “to fluidly seal the internal volume”. Appropriate correction is required.
Claim 12, lines 1-2 is objected to because of the following informalities: “the assembly” should read, “the portal lift assembly”. Appropriate correction is required.
Claim 12, lines 4-5 is objected to because of the following informalities: “on said second side” should read, “on a second side”. Appropriate correction is required.
Claim 12, line 5 is objected to because of the following informalities: “on a second side” should read, “on said second side”. Appropriate correction is required.
Claim 15, line 3 is objected to because of the following informalities: “said central opening” should read, “a central opening”. Appropriate correction is required.
Claim 16, line 2 is objected to because of the following informalities: “in said opening” should read, “in a shaft opening”. Appropriate correction is required.
Claim 17, line 2 is objected to because of the following informalities: “the disk” should read, “the first and second plates”. Appropriate correction is required.
Claim 19, line 3 is objected to because of the following informalities: “said central opening” should read, “a central opening”. Appropriate correction is required.
Claim 20, lines 4-5 is objected to because of the following informalities: “said wheel hub and said portal box define a longitudinal gap between each other” should read, “said wheel and said portal box define a longitudinal gap between each other” {in order to align with the Specification (Par. [0064]) and Drawings (Fig. 17)}. Appropriate correction is required.
Claim 20, line 6 is objected to because of the following informalities: “said gap” should read, “said longitudinal gap”. Appropriate correction is required.
Claim 21, line 1 is objected to because of the following informalities: “said gap” should read, “said longitudinal gap”. Appropriate correction is required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “a brake module comprising a disk, an internal volume and a brake module housing, wherein said disk is coupled to said output shaft to rotate with said output shaft, wherein said brake module is configured to mount to said portal box and to selectively apply a braking force to said disk that resists rotation of the output shaft relative to the brake module housing” is not supported by the specification.
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 1-11 and 20-21 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 recites the limitation, “a brake module comprising a disk, an internal volume and a brake module housing, wherein said disk is coupled to said output shaft to rotate with said output shaft, wherein said brake module is configured to mount to said portal box and to selectively apply a braking force to said disk that resists rotation of the output shaft relative to the brake module housing”. This is unclear and indefinite, because the specification never mentions the word “disk”, and mentions the word “disc” only once: “Enclosing the brake in brake module 90 can improve the durability and reliability of brake module 90 in comparison to using a disc brake” [0048]. This quote suggests that the brake module does not include a disc or disk, as it is clearly separate and distinct from a disc brake. This is further supported by the fact that no disc or disk is further described in the specification or shown in the drawings. From the context in the claims, Examiner’s best guess is that the “disk” is referring to {106 (108+112): “Clutch pack 106 includes a first set of plates 108 and a second set of plates 112” [0047]}. However, 106 also does not appear perfectly synonymous with the disk as claimed either, because there is no part mentioned in the specification “that resists rotation of the output shaft relative to the brake module housing”. Therefore, the claim is unclear and indefinite because the claim language is not supported by the specification, and because the specification appears to teach away from the claim language.
Accordingly, claims 2-11 and 20-21 are rejected by virtue of dependence from claim 1.
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 1, 3-4, 7-9, 12 and 17-19 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 10,889,182), as cited by Applicant.
Regarding claim 1, Lee discloses a portal lift assembly {1 (Figs. 2-5)} for a vehicle {100 (Fig. 1)} having an axle {104 (114): “The CV shaft 114 (FIG. 4) may extend from the left rear drive axle 104 or right rear drive axle (not illustrated)” (Col. 3, lines 52-53)} and a wheel {102 (Fig. 1)}, the assembly {1} comprising:
a portal box {1} comprising a gearset {26 (27+30+34)} and a housing {2 (3+14)}, wherein said housing {2} defines an input opening {4} on a first side {3} configured to receive the axle {104 (114): “An output shaft opening 4 may extend through the rear housing wall 3. The CV shaft 114 may extend through an input seal 29 seated in the output shaft opening 4” (Col. 4, lines 26-28)}, wherein said housing {2} defines an output opening {6 (opening for shaft 38 through 3+14)} on a second side {14 (Fig. 4)}, and wherein said gearset {26 (27)} is configured to receive and mechanically link to the axle {104 (114): “gear reduction system 26 may include an input gear 27 which is drivingly engaged by the CV shaft 114” (Col. 4, lines 32-34)};
an output shaft {38 (Figs. 4-5)} configured to mechanically link to said gearset {26} such that said gearset {26 (34)} mechanically links said output shaft {38} to the axle {104 (114): “A splined spindle 38 may be drivingly engaged for rotation by the output gear 34. The spindle 38 may extend through the output gear bearing 35 in the housing interior 18. The spindle 38 may be suitably configured to drivingly engage the corresponding front wheel 101 or rear wheel 102 of the vehicle 100, typically as will be hereinafter described. Accordingly, responsive to rotation of the CV shaft 114, the input gear 27 rotates the output gear 34 typically through the idler gear 30 in the housing interior 18. The output gear 34 rotates the spindle 38, which rotates the corresponding front wheel 101 or rear wheel 102” (Col. 4, lines 50-60)}, wherein said output opening {6} of said portal box {1} is configured to receive said output shaft {38 (Figs. 4-7)};
a wheel hub {90} that is configured to couple to said output shaft {38}, wherein said wheel hub {90} is configured to couple to the wheel {102: “gear reduction system 26 transmits engine torque from each front drive axle 103 (FIG. 2) or rear drive axle 104 (FIG. 3) to the spindle 38 and wheel hub 90 to drive the corresponding front wheel 101 or rear wheel 102” (Col. 7, lines 46-49)}; and
a brake module {44} comprising a disk {45, 62, 54, 58, 50, 59, 60, 64 (Fig. 4)}, an internal volume {18} and a brake module housing {2 (20+34)}, wherein said disk {45, 54, 50, 60} is coupled to said output shaft {38} to rotate with said output shaft {38: “the wet brake system 44 may include a cam plate 45 which may be positioned over and rotatable between a brake release position and a braking position with respect to the spindle 38” (Col. 5, lines 9-12), “the first outer friction disk 54, the second outer friction disk 60 and the inner friction disk 50 may rotate with the spindle 38” (Col. 5, lines 33-35)}, wherein said brake module {44} is configured to mount to said portal box {1 (Figs. 4-5)} and to selectively apply a braking force {via 73 (Fig. 6)} to said disk {45, 54, 50, 60} that resists rotation of the output shaft {38: “The wet brake system 44 may include any type of braking device which is deployable between a braking configuration in which the device applies a braking force to the spindle 38 and a brake release configuration in which the device releases the braking force from the spindle 38” (Col. 5, lines 1-5)} relative to the brake module housing {2 (20+34): “immovably mounted in the portal box housing 2 in fixed relationship with respect to the spindle 38” (Col. 5, lines 17-18)}, wherein said brake module {44} defines a central opening {central opening through every part of 44 (Fig. 4)} from a first side {45} through to a second side {64} of said brake module {44}; and
a seal {20} on the break module {44 (Figs. 4, 7)} that fluidly seal the internal volume {18} of said brake module {44} while allowing rotations of the output shaft {38} relative to the brake module housing {2 (20+34)};
wherein an interior volume {interior volume to the left of gasket 20 (Fig. 7)} of said portal box {1} is fluidly sealed {via gasket seal 20 (Fig. 7)} from the interior volume {18} of said brake module {44}.
Regarding claim 3, Lee discloses said central opening {central opening through every part of 44 (Fig. 4)} of said brake module {44} is configured to receive said output shaft {38} and wherein said brake module {44} and said output shaft {38} together define the seal {20} that fluidly seals the internal volume {18} of said brake module {44} while allowing rotations of the wheel hub {90} relative to the brake module housing {2 (20+34)}.
Regarding claim 4, Lee discloses said housing {2} of said portal box {1} defines a recess {18}, and wherein said recess {18} is configured to receive a portion {45, 62, 54, 58, 50, 59, 60, 64 (Figs. 4, 7)} of said brake module housing {2 (20+34)}.
Regarding claim 7, Lee discloses said portal box {1} defines an edge {10} on said second side {14} of said portal box {1}, and wherein an internal component {45, 62, 54, 58, 50, 59, 60, 64 (Fig. 7)} of said brake module {44} is at least partially positioned beyond said edge {10} toward said first side {3} of said portal box {1} when said brake module {44} is coupled to said portal box {1 (Fig. 7)}.
Regarding claim 8, Lee discloses said brake module {44} comprises a piston {75 (Fig. 6)} configured to selectively engage the disk {45, 62, 54, 58, 50, 59, 60, 64 (45, Fig. 6)} in said brake module {44}, and wherein said piston {75} extends past said edge {10} toward said first side {3} of said portal box {1} when said brake module {44} is coupled to said portal box {1 (Figs. 5-6)}.
Regarding claim 9, Lee discloses {Fig. 7} said output shaft {38} comprises a first splined portion {right side portion of the right splined portion} and a second splined portion {central portion of the right splined portion}, wherein the first splined portion {right side portion of the right splined portion} rotationally engages said output shaft {38} relative to said gearset {26}, and wherein said second splined portion {central portion of the right splined portion} rotationally engages said output shaft {38} relative to said wheel hub {90}.
Regarding claim 12, Lee discloses a portal lift assembly {1 (Figs. 2-5)} for a vehicle {100 (Fig. 1)} having an axle {104 (114): “The CV shaft 114 (FIG. 4) may extend from the left rear drive axle 104 or right rear drive axle (not illustrated)” (Col. 3, lines 52-53)} and a wheel {102 (Fig. 1)}, the assembly {1} comprising:
a portal box {1} comprising a gearset {26 (27+30+34)} and a housing {2 (3+14)}, wherein said housing {2} defines an input opening {4} on a first side {right, outer side of member 3 (Figs. 4, 7)} configured to receive the axle {104 (14)} and a recess {18} on a second side {left, inner side of member 3 (Figs. 4, 7)}, wherein said housing {2} defines an output opening {6 (opening for shaft 38 through 3+14)} on said second side {left side of member 3 (Figs. 4, 7)}, and wherein said gearset {26 (27)} is configured to receive and mechanically link to the axle {104 (114): “gear reduction system 26 may include an input gear 27 which is drivingly engaged by the CV shaft 114” (Col. 4, lines 32-34)};
an output shaft {38 (Figs. 4-5)} configured to mechanically link to said gearset {26} such that said gearset {26 (34)} mechanically links said output shaft {38} to the axle {104 (114): “A splined spindle 38 may be drivingly engaged for rotation by the output gear 34. The spindle 38 may extend through the output gear bearing 35 in the housing interior 18. The spindle 38 may be suitably configured to drivingly engage the corresponding front wheel 101 or rear wheel 102 of the vehicle 100, typically as will be hereinafter described. Accordingly, responsive to rotation of the CV shaft 114, the input gear 27 rotates the output gear 34 typically through the idler gear 30 in the housing interior 18. The output gear 34 rotates the spindle 38, which rotates the corresponding front wheel 101 or rear wheel 102” (Col. 4, lines 50-60)}, wherein said output opening {6} on said portal box {1} is configured to receive said output shaft {38 (Fig. 4-7)};
a wheel hub {90} comprising a flange {90 (Fig. 4)} configured to couple to the wheel {102 (via wheel studs 92)}, wherein said wheel hub {90} is configured to receive and couple to said output shaft {38 (via castle nut 91)};
a brake module {44 (45, 62, 54, 58, 50, 59, 60, 64)} comprising a brake module housing {2 (20+34)}, a first plate {45, 50, 54, 60: “the wet brake system 44 may include a cam plate 45 which may be positioned over and rotatable between a brake release position and a braking position with respect to the spindle 38” (Col. 5, lines 9-12), “the first outer friction disk 54, the second outer friction disk 60 and the inner friction disk 50 may rotate with the spindle 38” (Col. 5, lines 33-35)} rotationally coupled to said wheel hub {90 (via shaft 38)} and a second plate {64} rotationally coupled to said brake module housing {2 (20+34): “A pressure plate 64, typically having a built-in thrust bearing 66 (FIG. 4), may be immovably mounted in the portal box housing 2” (Col. 5, lines 15-17)}, wherein said brake module {44} defines an internal volume {18 (Fig. 7)}, wherein said brake module {44} is configured to mount to said portal box {1} and to selectively apply a braking force {via 73 (Fig. 6)} to said first {45, 50, 54, 60} and second {64} plates that resists rotation of the output shaft {38} relative to the brake module housing {2 (20+34; Col. 5, line 1 – Col. 7, line 10)}; and
wherein the recess {18} on the portal box {1} is configured to receive said brake module housing such that at least a portion {every portion} of an internal component {every component: 45, 62, 54, 58, 50, 59, 60, 64} of said brake module {44} is positioned through an edge {10 (Fig. 7)} of said portal box {1} on said second side {left, inner side of member 3 (Figs. 4, 7)} towards said first side {right, outer side of member 3 (Figs. 4, 7)} of said portal box {1} when said brake module {44} is coupled to said portal box {1 (Figs. 4, 7)}.
Regarding claim 17, Lee discloses said brake module {44} comprises a piston {75 (Fig. 6)} configured to selectively engage the first {45, 50, 54, 60 (directly via 45)} and second {64 (indirectly via 45, 50, 54, and 60)} plates in said brake module {44}, and wherein said piston {75} extends past said edge {10} toward said first side {right, outer side of member 3 (Figs. 4, 7)} of said portal box {1} when said brake module {44} is coupled to said portal box {1 (Figs. 4-6)}.
Regarding claim 18, Lee discloses {Fig. 7} said output shaft {38} comprises a first splined portion {right side portion of the right splined portion} and a second splined portion {central portion of the right splined portion}, wherein the first splined portion {right side portion of the right splined portion } rotationally engages said output shaft {38} relative to said gearset {26}, and wherein said second splined portion {central portion of the right splined portion} rotationally engages said output shaft {38} relative to said first plate {45, 50, 54, 60} in said brake module {44}.
Regarding claim 19, Lee discloses said output shaft {38} includes a first smooth portion {far right, non-splined portion of 38, contacting bearing 35 (Fig. 7)} and a second smooth portion {central, non-splined portion of 38, contacting seal 95 (Fig. 7)}, wherein said first smooth portion {far right, non-splined portion of 38, contacting bearing 35 (Fig. 7)} is configured to seal said central opening {central opening through every part of 44 (Fig. 4)} on said first side {right, outer side of member 3 (Figs. 4, 7)} of said brake module {44}, and wherein said second smooth portion {central, non-splined portion of 38, contacting seal 95 (Fig. 7)} is configured to seal said central opening {central opening through every part of 44 (Fig. 4)} on said second side {left, inner side of member 3 (Figs. 4, 7)} of said brake module {44 (Fig. 7): “spindle 38 may extend from the housing interior 18 through an output seal 95 seated in a spindle opening 12 in the housing cover 14” (Col. 7, lines 14-16)}.
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 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Lee.
Regarding claim 20, Lee discloses an assembly {Fig. 1} comprising: a vehicle {100} comprising a wheel {102} and an axle {104 (114)}; and the portal lift assembly {1} of claim 1; and wherein said wheel hub {90} and said portal box {1 (3+14)} define a longitudinal gap between each other {Fig. 7} when said wheel hub {90} is coupled to said portal lift assembly {1}.
However, Lee does not explicitly disclose said gap is below one centimeter.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the longitudinal gap below one centimeter, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 21, Lee does not explicitly disclose said gap is below five millimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the longitudinal gap below five millimeters, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 2, 5-6, and 10-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Regarding claim 2, none of the prior art of record, either alone or in obvious combination discloses the portal lift assembly of claim 1, wherein said central opening of said brake module is configured to receive said wheel hub and wherein said brake module and said wheel hub together define the seal that fluidly seals the internal volume of said brake module while allowing rotations of the wheel hub relative to the brake module housing.
Regarding claim 5, none of the prior art of record, either alone or in obvious combination discloses the portal lift assembly of claim 4, wherein said recess of said portal box is shaped so as to engage the portion of said brake module to resist rotation of the brake module housing relative to said portal box when the portion of said brake module is positioned in said recess.
Accordingly, claim 6 would be in condition for allowance by virtue of dependence from claim 5.
Regarding claim 10, none of the prior art of record, either alone or in obvious combination discloses the portal lift assembly of claim 9, wherein said wheel hub comprises a third splined portion, a first smooth portion and a second smooth portion, wherein the third splined portion is positioned between the first and second smooth portions, wherein the third splined portion rotationally engages the disk relative to said wheel hub (emphasis added).
Accordingly, claim 11 would be in condition for allowance by virtue of dependence from claim 10.
Claim 13-16 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:
Regarding claim 13, none of the prior art of record, either alone or in obvious combination discloses the portal lift assembly of claim 12, wherein said recess is shaped so as to lock said brake module from rotating relative to said portal box when said brake module is positioned within said recess.
Accordingly, claim 14 is in condition for allowance by virtue of dependence from claim 13.
Regarding claim 15, none of the prior art of record, either alone or in obvious combination discloses the portal lift assembly of claim 12, wherein said wheel hub includes a first smooth portion and a second smooth portion, wherein said first smooth portion is configured to seal said central opening on said first side of said brake module, and wherein said second smooth portion is configured to seal said central opening on said second side of said brake module.
Accordingly, claim 16 is in condition for allowance by virtue of dependence from claim 15.
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614