DETAILED ACTION
This is a non-final Office action in response to the RCE filed 03/05/2026.
Status of Claims
Claims 1-20 are pending;
Claims 1, 5, 7, 11, and 16-19 are currently amended; claims 2, 4, 6, 8-10, 13-15, and 20 were previously presented; claims 3 and 12 are original;
Claims 1, 2, 11, 12, 17, and 18 are rejected; claims 3-10, 13-16, 19, and 20 are objected to.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/05/2026 has been entered.
Response to Arguments
Applicant's arguments with respect to the prior art rejections have been fully considered but are moot in view of the new grounds of rejection set forth below in the current Office action.
Claim Objections
Claims 2-17, 19, and 20 are objected to because of the following informalities:
Claims 2-17, 19, and 20, line 1, it is recommended that "The track assembly" be changed to --The vehicle track assembly-- for consistency. See claims 1 and 18, line 1.
Claim 19, line 4, "is disposed" appears to be --disposed--.
Appropriate correction is required.
Claim Interpretation
Regarding claim 1, the limitations "a first track mounted on a mounting surface of a vehicle" in line 2 positively recite the "vehicle" and the component thereof (i.e., the "mounting surface") in the body of claim 1 as required structures within the scope of claim 1, since the language "mounted on" introduces a positive recitation of the "vehicle" and the component of the "vehicle" (i.e., the "mounting surface") thereafter. As such, the "vehicle" and the component thereof (i.e., the "mounting surface") are considered as required structures within the scope of claim 1. In other words, "a vehicle" having "a mounting surface" as claimed is a required structural component of the "vehicle track assembly" of 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.
Claim 18 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyoshi et al. (WO 2023/054689 A1)1, hereinafter Miyoshi.
Regarding claim 18, Miyoshi discloses a vehicle track assembly (S, fig 1), comprising: a first track (51, fig 4, the left lower rail 51); a second track (51, fig 4, the right lower rail 51); and a support assembly (40, 52, 53, 55, fig 4 & 6A) slidably connected to the first track and the second track (see Figures 1-8B, see paragraphs 0094, 0095, 0102, and 0117-0119), the support assembly including: a support body (41, fig 4); a first base portion (52, 53, 55, fig 6A, the first base portion on the left side in Figure 4) rigidly connected to the support body and slidably connected to the first track (see Figures 1-8B, see paragraphs 0094, 0095, 0102, and 0117-0119), wherein the first base portion comprises a first worm (54, fig 6B, the left worm 54) and a second worm (54, fig 6B, the right worm 54); and a second base portion (42, fig 4) rotatably connected to the support body and slidably connected to the second track (see Figures 1-8B, see paragraphs 0094, 0095, 0102, and 0117-0119).
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, 2, 11, 12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US 5,387,162) in view of Fleytman (US 7,022,042 B2).
Regarding claim 1, Yang discloses a track assembly (see Figures 7A and 7B, the track assembly in Figure 7A with the alternate external gear 700 in Figure 7B), comprising: a first track (700, fig 7B) mounted on a mounting surface (see Figure 7A, the outer mounting surface of the drive shaft 704), wherein the first track includes a plurality of first teeth (see Figure 7B, see col 3, lines 14-17, the internal teeth of the external gear 700 in Figure 7B); and a support assembly (702A, 702B, 703A, 703B, 704, fig 7A) slidably connected to the first track (see Figures 7A and 7B), wherein the support assembly includes: a first rotatable shaft (704, fig 7A) disposed at least partially in the first track (see Figures 7A and 7B); a first worm (702A, fig 7A) coupled with the first rotatable shaft and engaged with the plurality of first teeth (see Figures 7A and 7B, the left sun worm 702A is engaged with the internal teeth of the external gear 700 via the left planetary worm 701A); and a second worm (702B, fig 7A) coupled with the first rotatable shaft and movable relative to the first worm along a first recess (see Figure 7A, see col 2, lines 61-68, see col 3, lines 10-13, the key slot on the drive gear 704) positioned on the first rotatable shaft (see Figure 7A), wherein the second worm comprises a first protrusion (see Figure 7A, see col 2, lines 61-68, col 3, lines 10-13, the key slot coupling structure of the right sun worm 702B) at least partially disposed in the first recess (see Figure 7A, see col 2, lines 61-68, col 3, lines 10-13), the second worm engaged with the plurality of first teeth (see Figures 7A, the right sun worm 702B is engaged with the internal teeth of the external gear 700 via the right planetary worm 701B).
Yang is silent as to whether the track assembly is used in a vehicle, such that the track assembly is a vehicle track assembly and the mounting surface is a mounting surface of the vehicle.
Fleytman teaches a worm gear system used in a hybrid car (see Figures 1-15, see col 1, lines 5-12).
Yang and Fleytman are analogous art because they are at least from the same field of endeavor, i.e., vehicle systems. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use the track assembly (Yang: see Figures 7A and 7B, the track assembly in Figure 7A with the alternate external gear 700 in Figure 7B) in a hybrid car (Fleytman: see Figures 1-15, see col 1, lines 5-12), as taught by Fleytman, with a reasonable expectation of success, such that the track assembly (Yang: see Figures 7A and 7B, the track assembly in Figure 7A with the alternate external gear 700 in Figure 7B) is a vehicle track assembly and the mounting surface (Yang: see Figure 7A, the outer mounting surface of the drive shaft 704) is a mounting surface of a vehicle (Fleytman: see Figures 1-15, see col 1, lines 5-12). The motivation would have been to provide utility and practical application to the track assembly of Yang. Therefore, it would have been obvious to combine Yang and Fleytman to obtain the invention as specified in claim 1.
Regarding claim 2, wherein the support assembly includes a motor (Fleytman: see col 1, lines 5-12, a hybrid car inherently has an electric motor) coupled with the first rotatable shaft; and the first worm and the second worm are movably coupled with the first rotatable shaft (Yang: see Figures 7A and 7B, see col 2, lines 61-68, col 3, lines 10-13) such that an operation of the motor rotates the first rotatable shaft, which rotates at least one of the first worm or the second worm (Yang: see Figures 7A and 7B; Fleytman: see col 1, lines 5-12).
Regarding claim 11, wherein the first recess has at least one dimension that is larger than a corresponding dimension of the first protrusion (Yang: see Figures 7A and 7B, see col 2, lines 61-68, col 3, lines 10-13).
Regarding claim 12, wherein the at least one dimension includes a circumferential dimension (Yang: see Figures 7A and 7B, see col 2, lines 61-68, col 3, lines 10-13).
Regarding claim 17, wherein at least one of the first worm or the second worm is movably coupled with the first rotatable shaft to translate along the first rotatable shaft (Yang: see Figures 7A and 7B, see col 2, lines 61-68, col 3, lines 10-13), and wherein the plurality of first teeth of the first track include a first set of teeth (Yang: see Figure 7B, see col 3, lines 14-17, the left internal teeth of the external gear 700 in Figure 7B) disposed at a first side of the first track (Yang: see Figure 7B) and a second set of teeth (Yang: see Figure 7B, see col 3, lines 14-17, the right internal teeth of the external gear 700 in Figure 7B) disposed at a second side of the first track (Yang: see Figure 7B), and wherein the first worm is engaged with the first set of teeth and the second set of teeth (Yang: see Figures 7A and 7B, the left sun worm 702A is engaged with the left internal teeth of the external gear 700 via the left planetary worm 701A and engaged with the right internal teeth of the external gear 700 via the drive shaft 704, the right sun worm 702B, and the right planetary worm 701B).
Allowable Subject Matter
Claims 3-10, 13-16, 19, and 20 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
1 A copy of Miyoshi is attached to the current Office action. Note that Miyoshi was also published as a U.S. application publication, US-2024/0399939-A1, which is used in the current Office action for citation of the specification.
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