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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/6/2025 has been entered.
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.
Claims 5-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 5 is unclear as to whether “at least one fixation device” (lines 1-2 of claim 5) is to refer to the same element as previously recited in claim 1 or to an additional element. See MPEP 2173.05(o) which states "where a claim directed to a device can be read to include the same element twice, the claim may be indefinite".
Claim 6 depends from claim 5 and is thus similarly unclear/rejected.
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 1, 5-7 and 11 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Damas US4660432.
Claims 1 and 11. A gear assembly for a side stick on an aircraft (in that the gear assembly is capable of performing such intended functional use in accordance with MPEP 2112.01 and 2114), the gear assembly comprising: a first gear (6, 8, 10); a second gear (2) configured to engage with the first gear; and a viscoelastic material (13, 17) provided in the first gear; wherein the first gear includes a first portion (6) and as second portion (8 and/or 10), and wherein the first portion and the second portion are separate and distinct parts that are configured to move axially relative to each other during operation (e.g., via loosening/tightening of V), and wherein each of the first portion and the second portion comprises an engagement surface (12a, 12b and/or 12c) configured to engage with an engagement surface (4) of the second gear, wherein the first portion and the second portion are separated by a gap (gap between 6 and 8; and/or gap between 6 and 10), wherein the viscoelastic material is provided in the gap; at least one fixation device (14 and/or 15 and V), wherein the at least one fixation device passes completely through the viscoelastic material between an inner and outer radius of the viscoelastic material (via 14), wherein the at least one fixation device also passes through the first portion, the second portion and the gap between the first portion and the second portion and connects the first and second portions while allowing for axial motion between the first and second portions (via at least portion 14 of 14/15/V).
Claims 5. Wherein at least one fixation device (14 and/or 15 and/or V, see 35 USC 112 rejection) is provided through the first portion and through the second portion.
Claim 6. The gear assembly of claim 5, wherein the at least one fixation device is a bolt (V is a bolt within the broadest reasonable interpretation since it is a threaded fastener for holding parts together) or a rivet (14 is a rivet within the broadest reasonable interpretation since it is a pin for holding parts together).
Claim 7. The gear assembly of claim 1, wherein the first gear includes a plurality of first gear teeth (teeth of 12a, 12b and/or 12c).
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 of this title, 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 6 and 8 is rejected under 35 U.S.C. 103 as being unpatentable over Damas US4660432.
Claim 6. As detailed in the 35 USC 102 rejections elsewhere above, the Damas fixation device is a bolt or rivet within the broadest reasonable interpretation of the terms. In the interest of compact prosecution, if applicant intends to limit toward a --deformed-- rivet and/or a bolt with a --nut threaded thereon--, the examiner takes Official Notice that such was known to be desirable in the fixation art for increasing fastening force/strength. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify as such.
Claim 8. The gear assembly of claim 7, wherein the examiner takes Official Notice that helical gear teeth were know to be non-parallel to the gear axis and to be quieter in operation than parallel teeth. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify as such.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Damas US4660432 in view of Breuning DE19713245 and Voiles US10118688.
Damas does not expressly disclose using the gear assembly with a side stick of a side stick assembly of an aircraft. However:
Breuning teaches that it was well known to be desirable for aircraft to have a side stick assembly (para.3 of the English translation attached to this Office Action) and for side stick assemblies to use gear assemblies (11, 12, 13) with a side stick (2); and/or
Voiles teaches that it was well known to be desirable for gear assemblies (305/311, 205, 209) to have utility with the side stick (203) of a side stick assembly of an aircraft (col.4, ll.20-31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Damas gear assembly to be used with a side stick of a side stick assembly of an aircraft, as taught by Breuning and/or Voiles, for the purpose of increasing the utility of the Hetzel gear assembly.
Response to Arguments
Applicant's arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR L MACARTHUR whose telephone number is (571)272-7085.
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/VICTOR L MACARTHUR/Primary Examiner, Art Unit 3618