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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it exceeds 150 words. Correction is required. See MPEP § 608.01(b).
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.
(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 9-11, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwasniewski et al (US Patent Application US 20180045298 A1).
With regards to Claim 9: Kwasniewski et al teaches a drive axle assembly, comprising: a case differential comprising a plurality of fins (seen on 82 and 86 in Figs 3 and 7) along a central portion (50) of a drive axle (24); and a plurality of seals (26) arranged between the central portion of the drive axle and wheel ends (at 94) arranged at opposite extreme ends of the drive axle.
With regards to Claim 10: Kwasniewski et al teaches the drive axle assembly of claim 9, wherein the plurality of fins (seen on 82 and 86 in Figs 3 and 7) comprises angled surfaces (seen on 82 and 86 in Figs 3 and 7) configured to direct lubricant in a clockwise direction or a counterclockwise direction.
With regards to Claim 11: Kwasniewski et al teaches the drive axle assembly of claim 9, wherein an arm portion (52) of the drive axle extends from the central portion (50) to the wheel ends (at 94), the arm portion sloped toward the central portion (seen in Fig 3).
With regards to Claim 13: Kwasniewski et al teaches the drive axle assembly of claim 9, wherein the plurality of fins (seen on 82 and 86 in Figs 3 and 7) extends radially outward from the axle shaft side gears (seen on 82 and 86 in Figs 3 and 7).
With regards to Claim 15: Kwasniewski et al teaches the drive axle assembly of claim 9, wherein seals of the plurality of seals (26) are arranged at the wheel ends (towards 94).
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 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kwasniewski et al (US Patent Application US 20180045298 A1) in view of Guan et al (CN Patent CN 114087349 A).
With regards to Claim 1: Kwasniewski et al teaches a drive axle, comprising: a central portion (50) comprising a differential assembly, the differential assembly comprising axle shaft side gears (82 and 86) with a plurality of fins (seen on 82 and 86 in Figs 3 and 7) in contact with lubricant (62) of an axle housing, and an arm portion (52) comprising axle shafts (24), the arm portion comprising an inner inclined surface (seen in Fig 3) to guide oil toward the central portion.
Kwasniewski does not teach a plurality of holes distributed axially.
Guan et al teaches a drive axle assembly comprising a plurality of holes (106) distributed axially (page 9 para 6 and seen in Fig 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the drive axle assembly disclosed in Kwasniewski et al with the plurality of holes distributed axially taught in Guan et al with a reasonable expectation of success because it would have allowed components to be affixed to the axle housing.
With regards to Claim 2: The combination of Kwasniewski and Guan et al teaches the drive axle of claim 1, wherein the arm portion (Kwasniewski 52) comprises a seal (Kwasniewski 26) between the central portion (Kwasniewski 50) and a wheel portion (at Kwasniewski 94).
With regards to Claim 3: The combination of Kwasniewski and Guan et al teaches the drive axle of claim 2, wherein the seal (Kwasniewski 26) is configured to block lubricant from flowing from the central portion (Kwasniewski 50) to the wheel portion (at Kwasniewski 94).
With regards to Claim 4: The combination of Kwasniewski and Guan et al teaches the drive axle of claim 1, wherein the inner inclined surface (seen in Kwasniewski Fig 3) is sloped toward the central portion (Kwasniewski 50).
With regards to Claim 5: The combination of Kwasniewski and Guan et al teaches the drive axle of claim 4, wherein the inner inclined surface (seen in Kwasniewski Fig 3) is configured to return lubricant toward the central portion (Kwasniewski 50) and away from a wheel portion (at Kwasniewski 94) arranged at an end of the arm portion (Kwasniewski 52).
With regards to Claim 6: The combination of Kwasniewski and Guan et al teaches the drive axle of claim 1, wherein the plurality of fins (seen on Kwasniewski 82 and 86 in Kwasniewski Figs 3 and 7) comprises a plurality of first fins (Kwasniewski 82) and a plurality of second fins (Kwasniewski 86) different than the plurality of first fins.
With regards to Claim 8: The combination of Kwasniewski and Guan et al teaches the drive axle of claim 1, wherein surfaces of the plurality of fins (seen on Kwasniewski 82 and 86 in Kwasniewski Figs 3 and 7) are angled (seen on Kwasniewski 82 and 86 in Kwasniewski Figs 3 and 7).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kwasniewski et al (US Patent Application US 20180045298 A1) in view of Sadahiro (US Patent Publication US 20200025284 A1).
With regards to Claim 12: Kwasniewski et al teaches the drive axle assembly of claim 9, but does not teach the plurality of fins (seen on 82 and 86 in Figs 3 and 7) comprises a plurality of first fins and a plurality of second fins different than the plurality of first fins.
Sadahiro teaches a differential assembly with a differential side gear (34) comprising a plurality of first fins (38k and 38w) and a plurality of second fins (38m) different than the plurality of first fins (seen in Fig 14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the drive axle assembly taught in the combination of Kwasniewski and Keane et al with the plurality of first fins and the plurality of second fins different than the plurality of first fins taught in Sadahiro with a reasonable expectation of success because it would have allowed the lubricant to move through the drive axle assembly in the desired directions.
Claims 14, 16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kwasniewski et al (US Patent Application US 20180045298 A1) in view of Keane et al (US Patent US 10036467 B2).
With regards to Claim 14: Kwasniewski et al teaches the drive axle assembly of claim 9, further comprising lubricant galleries (100) extending from a differential cap half (42) and a differential ring gear (82).
Kwasniewski et al teaches that bearings may be operatively connected to the drive pinion (para[0025]) but does not teach a differential head bearing and a differential tail bearing.
Keane et al teaches a drive axle assembly comprising a differential ring gear (92) and a differential head bearing and a differential tail bearing (96 seen in Fig 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the drive axle assembly disclosed in Kwasniewski et al with the differential head bearing and a differential tail bearing taught in Keane et al with a reasonable expectation of success because it would have allowed the differential to move at the speeds desired for the preferred operation.
With regards to Claim 16: Kwasniewski et al teaches a system, comprising: a drive axle assembly comprising an axle (24) extending between wheel ends (at 94 in Fig 1); and a differential cap (42) centrally arranged between the wheel ends, wherein a plurality of lubricant galleries (100) extend from a differential cap half and a differential ring gear (82).
Kwasniewski et al teaches that bearings may be operatively connected to the drive pinion (para[0025]) but does not teach a differential head bearing and a differential tail bearing.
Keane et al teaches a drive axle assembly comprising a differential ring gear (92) and a differential head bearing and a differential tail bearing (96 seen in Fig 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the drive axle assembly disclosed in Kwasniewski et al with the differential head bearing and a differential tail bearing taught in Keane et al with a reasonable expectation of success because it would have allowed the differential to move at the speeds desired for the preferred operation.
With regards to Claim 18: The combination of Kwasniewski and Keane et al teaches the system of claim 16, wherein a plurality of seals (Kwasniewski 26) is arranged between the differential cap (42) and the wheel ends (at Kwasniewski 94).
With regards to Claim 19: The combination of Kwasniewski and Keane et al teaches the system of claim 16, wherein the axle comprises sloped surfaces (seen in Kwasniewski Fig 3) that decline from the wheel ends (at Kwasniewski 92) toward the differential cap (Kwasniewski 42).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kwasniewski et al (US Patent Application US 20180045298 A1) in view of Guan et al (CN Patent CN 114087349 A) and in further view of Sadahiro (US Patent Publication US 20200025284 A1).
With regards to Claim 7: The combination of Kwasniewski and Guan et al teaches the drive axle of claim 6, but does not teach a second fin of the plurality of second fins is arranged between neighboring first fins of the plurality of first fins.
Sadahiro teaches a differential assembly with a differential side gear (34) comprising a plurality of first fins (38k and 38w) and a plurality of second fins (38m) wherein a second fin of the plurality of second fins is arranged between neighboring first fins of the plurality of first fins. (seen in Fig 14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the drive axle assembly taught in the combination of Kwasniewski and Guan et al with the second fin of the plurality of second fins arranged between neighboring first fins of the plurality of first fins taught in Sadahiro with a reasonable expectation of success because it would have allowed the lubricant to move through the drive axle assembly in the desired directions.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kwasniewski et al (US Patent Application US 20180045298 A1) in view of Keane et al (US Patent US 10036467 B2) and in further view of Sadahiro (US Patent Publication US 20200025284 A1).
With regards to Claim 17: The combination of Kwasniewski and Keane et al teaches the system of claim 16, wherein a plurality of fins (seen on 82 and 86 in Figs 3 and 7) is arranged on differential side gears, wherein the plurality of fins comprises convex and concave surfaces (seen on 82 and 86 in Figs 3 and 7) configured to direct lubricant in clockwise and counterclockwise directions.
The combination of Kwasniewski and Keane et al does not teach a plurality of fins is arranged on a differential side gear wherein the plurality of fins comprises convex and concave surfaces configured to direct lubricant in clockwise and counterclockwise directions.
Sadahiro teaches a differential assembly with a differential side gear (34) comprising a plurality of fins (38k and 38w) wherein the plurality of fins comprises convex and concave surfaces (seen in Fig 14) configured to direct lubricant in different directions (para [0066]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the drive axle assembly taught in the combination of Kwasniewski and Keane et al with the plurality of fins arranged on a differential side gear wherein the plurality of fins comprises convex and concave surfaces configured to direct lubricant in clockwise and counterclockwise directions taught in Sadahiro with a reasonable expectation of success because it would have allowed the lubricant to move through the drive axle assembly in the desired directions.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kwasniewski et al (US Patent Application US 20180045298 A1) in view of Keane et al (US Patent US 10036467 B2) and in further view of Feng et al (CN Patent CN 116292839 A).
With regards to Claim 20: The combination of Kwasniewski and Keane et al teaches the system of claim 16, but does not teach a plurality of core holes arranged in the axles plugged with a plurality of core plugs.
Feng teaches a drive axle assembly comprising a core hole (at 100 in Fig 4) arranged in the axles (at 1) plugged with a core plug (100).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the drive axle assembly taught in the combination of Kwasniewski and Keane et al with the core hole and core plug taught in Feng et al with a reasonable expectation of success because it would have allowed fluid maintenance of the drive axle assembly without dismantling all the components of the assembly.
The combination of Kwasniewski, Keane and Feng et al does not teach a plurality of core holes arranged in the axles plugged with a plurality of core plugs.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a plurality of core holes arranged in the axles plugged with a plurality of core plugs because it would allow for faster maintenance or replacement of the fluid without completely dismantling the components. Furthermore, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew J Ganci whose telephone number is (571)272-6577. The examiner can normally be reached Monday - Friday 7:30AM to 5:00PM.
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/MATTHEW JOSEPH GANCI/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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