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 .
Response to Amendment
The amendment filed 10/20/2025 has been entered. Claims 1-15 are remain pending in the application. Applicant’s amendments to the specification and claims have overcome each and every 112(b) rejection and objection previously set forth in the Non-Final Office Action mailed 05/22/2025.
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 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelm (US 8480528 B2) in view of Capoldi (US 20220065296 A1).
Regarding claim 1, Wilhelm discloses a gear mechanism (see Fig. 1a, 1b; R1), comprising a housing (10, 11, 13) with a fixedly arranged toothing (2), a tooth carrier (3) which is rotatable about a gear mechanism axis (M) relative to the housing and has guides (4), teeth (5), which are received in the guides for engagement with the toothing (see Fig. 1a), wherein the teeth are mounted in the guides so as to be displaceable in a direction of their longitudinal axis relative to the tooth carrier (see Fig. 1a), a cam disk (8) which is rotatable about the gear mechanism axis and is intended to drive the teeth along the respective longitudinal axis of the teeth (see Fig. 1a), and a bearing row (right side 15) between the tooth carrier and the housing for mounting the tooth carrier in the housing (see Fig. 1b). Wilhelm fails to disclose the bearing row comprises axial rolling bodies, axes of rotation of which are aligned perpendicularly in relation to the gear mechanism axis, and radial rolling bodies, the axes of rotation of which are aligned parallel to the gear mechanism axis. However, Capoldi teaches the bearing row (see Fig. 1, bearing row comprising 20) comprises axial rolling bodies (20), axes of rotation of which are aligned perpendicularly in relation to the gear mechanism axis (see Fig. 1), and radial rolling bodies (see Fig. 2, 24), the axes of rotation of which are aligned parallel to the gear mechanism axis (see Fig. 2). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Wilhelm with the bearing row as taught by Capoldi, to provide a bearing which can be loaded both axially and radially with a relatively large load (see paragraph [0004]); to limit radial deformation of the rolling-element bearing and a gap opening between the inner ring and outer ring due to radial and axial forces (see paragraph [0006] and [0014]); to provide a single row having both radial and axial rollers which can perform two functions, i.e., accommodate radial load and accommodate axial loads (see paragraph [0015]); and to replace an angled bearing which can only support a limited axial and radial load with a bearing that can support a larger axial and radial load, in other words, to allow for larger axial and radial loads without deformation of the gear mechanism. The combination above would necessarily result in the following limitations: the tooth carrier (Wilhelm, 3) has at least one radial bearing running surface (Capoldi, 34) configured integral with or in the tooth carrier (Capoldi, Fig. 2).
Regarding claim 2, Wilhelm discloses the gear mechanism (R1) is a coaxial gear mechanism (see Fig. 1b; see column 2 line 56, wherein a coaxial transmission is disclosed).
Regarding claim 3, Wilhelm discloses the housing (10, 11, 13) has a multi-part form (see Fig. 1b) and comprises a first housing part (11) in the form of a bearing outer ring (12), and wherein a ring gear (13) with the inner toothing (2) forms a second housing part of the housing (see Fig. 1b).
Regarding claim 4, Wilhelm discloses the tooth carrier (3) has a one-part form (see Fig. 1b).
Regarding claim 5, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the tooth carrier (Wilhelm, 3) further comprises at least one axial bearing running surface (Capoldi, 30).
Regarding claim 6, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the tooth carrier (Wilhelm, 3) has at least two bearing running surfaces (Capoldi, 30, 34).
Regarding claim 7, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the bearing row (Capoldi, row comprising 20) is a first bearing row (Capoldi, row comprising 20) of a bearing (Capoldi, row comprising 20, row comprising 18) of the tooth carrier (Wilhelm, 3), and wherein the bearing comprises a second bearing row (Capoldi, row comprising 18) which has at least axial rolling bodies (Capoldi, 18).
Regarding claim 8, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the two bearing rows (Capoldi, row comprising 20, row comprising 18) are arranged next to one another (Capoldi, Fig. 1) and/or next to a tooth guide (Wilhelm, 4) of the guides on one side of the two bearing rows in the direction of the gear mechanism axis (Wilhelm, M). Additionally, given the limited number of solutions, i.e., on one side of the tooth guide, or one on each side of the tooth guide, one having ordinary skill in the art would be motivated to try both arrangements.
Regarding claim 9, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the radial rolling bodies (Capoldi, 24) and/or the axial rolling bodies (Capoldi, 18, 20) respectively of the first bearing row (Capoldi, row comprising 20) and/or the second bearing row (Capoldi, row comprising 18) each have a cylindrical shape (Capoldi, paragraph [0016], wherein cylindrical rollers are disclosed) with a diameter which is larger than a length of the cylindrical shape (Capoldi, Fig. 1 and 2, wherein the diameter of 18, 20 and 24 is larger than the respective length).
Regarding claim 10, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the first bearing row (Capoldi, row comprising 20) has axial rolling bodies (Capoldi, 20) and radial rolling bodies (Capoldi, 24). Wilhelm in view of Capoldi fail to disclose the second bearing row has axial rolling bodies and radial rolling bodies. However, it has been held that a duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this instance, providing a second bearing row that has axial rolling bodies and radial rolling bodies would produce the expected result of a bearing capable of accommodating increased axial and radial loads. As a result of the combination, the following limitations would necessarily result: the second bearing row (Capoldi, row comprising 18) has axial rolling bodies (Capoldi, 18) and radial rolling bodies (Capoldi, 24).
Regarding claim 11, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the second bearing row (Capoldi, row comprising 18) has exclusively the axial rolling bodies (Capoldi, 18).
Regarding claim 12, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the bearing outer ring (Wilhelm, 12) has at least one axial (Capoldi, 32) and at least one radial bearing running surface (Capoldi, 36).
Regarding claim 13, the combination of claim 1 elsewhere above would necessarily result in the following limitations: an axial bearing ring (Capoldi, 10a) which has an axial bearing running surface (Capoldi, 26).
Regarding claim 14, Wilhelm discloses the cam disk (8) is in the form of a hollow shaft (see Fig. 1b).
Regarding claim 15, the combination of claim 1 elsewhere above would necessarily result in the following limitations: spacing means (Capoldi, 50) are inserted between adjacent rolling bodies (Capoldi, 20, 24) of the axial rolling bodies and the radial rolling bodies.
Regarding claim 16, Wilhelm discloses use of a gear mechanism according to claim 1 (see column 1 line 5, a coaxial transmission is disclosed).
Response to Arguments
Applicant’s arguments, see remarks page 1-2, filed 10/20/2025, with respect to the 112(b) rejection of claim 8 have been fully considered and are persuasive. The rejection of 05/22/2025 has been withdrawn.
Applicant's arguments filed 10/20/2025 have been fully considered but they are not persuasive. Regarding Applicant’s argument that one having ordinary skill in the art would not be guided or taught to arrange the rollers directly on the tooth carrier, the Examiner respectfully disagrees. Fig. 1 of Capoldi shows rolling bodies 20 directly contacting a axially facing surface 30, and Fig. 2 shows rolling bodies 24 directly contacting the radial surface 34. As such, one having ordinary skill in the art would be motivated to modify the tooth carrier of Wilhelm with an axial and radial surface which the rollers engage.
Regarding Applicant’s argument that neither Wilhelm nor Capoldi discloses at least two bearing surfaces, the Examiner respectfully disagrees. Fig. 1 of Capoldi discloses bearing surface 30, and Fig. 2 discloses bearing surface 34. As such, Capoldi discloses two bearing surfaces.
Regarding Applicant’s argument that the prior art does not disclose two bearing rows on one side of the tooth guide, the Examiner respectfully disagrees. First, the rejection is replacing the right side bearing 15 of Wilhelm with the bearing arrangement taught by Capoldi. As such, this would lead to replacing the single bearing 15 of Wilhelm with the two bearing arrangement of Capoldi, on a singe side of the tooth guide.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618