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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 9/22/2025 remains acknowledged.
Linking claim 1 and the elected subcombination claims 2-5 and 8-12 are examined below.
Claims 13-19 remain withdrawn.
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, 8, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Von Fumetti US3001409.
Claim 1. A geartrain cover (58), comprising: a radially outer flange portion (outer flanged portion of 58 receiving bolts 100) for fixing to a geartrain housing (18); a dished portion (62, 60) extending axially from the radially outer flange portion; a stepped protrusion (62) arranged for receiving a first bearing (72), and a tapered protrusion (tapered portion of 60) offset from the stepped protrusion and comprising a tapered ring (tapered ring of 60); and a solid annular disc (solid annular disc at right end of 60 as seen in figure 3). Note that the limitation “stamped” has been given only limited patentable weight in accordance with MPEP § 2113 which states that the specific method of forming is not germane to the issue of patentability of the device itself and that it is well established by case law that it is the patentability of the product that is to be determined even though such claims are limited and defined by process steps. See also In re Thorpe et al, 227 USPQ 964 (CAFC 1985).
Claim 2. The stamped geartrain cover of claim 1 wherein the stepped protrusion comprises: a first cylindrical protrusion (cylindrical protrusion surrounding 72 in fig.4) extending from the dished portion; and an annular ring (annular ring surrounding 64 as seen in fig.4; and/or 64 itself) extending radially inward from the first cylindrical protrusion (i.e., portion receiving 64 [and/or 64 itself] has a smaller diameter than the portion receiving 72).
Claim 3. The stamped geartrain cover of claim 2 wherein the stepped protrusion further comprises a second cylindrical protrusion (74), coaxial with the first cylindrical protrusion, extending from the annular ring, the second cylindrical protrusion comprising an opening (opening receiving 80) for receiving an axle shaft (e.g., 80).
Claim 4. The stamped geartrain cover of claim 3 wherein the second cylindrical protrusion is arranged for receiving an axle shaft seal (e.g., 90).
Claim 5. The stamped geartrain cover of claim 3 wherein: the first cylindrical protrusion extends from the annular ring in a first axial direction (left as seen in fig.4); and the second cylindrical protrusion extends from the annular ring in a second axial direction (right for at least a small distance as seen in fig.4), opposite the first axial direction.
Claim 8. The stamped geartrain cover of claim 6 further comprising a bearing support (22, 28, 32) fixed in the tapered protrusion.
Claim 10. The stamped geartrain cover of claim 8 wherein the bearing support is fixed to the tapered protrusion (see fig.4).
Claim 11. The stamped geartrain cover of claim 8 wherein the bearing support comprises a third cylindrical protrusion (cylindrical protrusion of 22; and/or cylindrical protrusion of 32) arranged for receiving a second bearing (e.g., 30).
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 1-5, 8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Keese US2410077 in view of Von Fumetti US3001409.
Claim 1. Keese discloses a stamped geartrain cover (10), comprising: a radially outer flange portion (flange of 10 receiving bolts 41) for fixing to a geartrain housing (11); a dished portion (dished portion of 10 extending from bolt flange) extending axially from the radially outer flange portion; a stepped protrusion (stepped portion 13 of 10 receiving 20) arranged for receiving a first bearing (20), and a tapered protrusion (12) offset from the stepped protrusion and comprising a tapered ring (tapered ring of 12); and a perforated annular disc (perforated annular disc of 12 supporting right side of 16 as seen in fig.1 for allowing a shaft to pass therethrough). 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 shape of the Keese annular disc to be solid rather than perforated for the purpose and benefit of allowing the cover to be used on a different type of geartrain that needs to protect an end of a shaft rather than have the shaft extend therethrough, such as is that taught by Von Fumetti’s solid annular disc (solid disc at end of 60) that protects the end of shaft 14 rather that having the shaft pass therethrough. Adapting the Keese cover for use on 0different types of geartrains increases the utility and is thus desirable/obvious.
Claim 2. The stamped geartrain cover of claim 1 wherein Keese further discloses the stepped protrusion comprises: a first cylindrical protrusion (cylindrical protrusion of 10 supporting exterior of 20) extending from the dished portion; and an annular ring (annular ring portion supporting side face of 20) extending radially inward from the first cylindrical protrusion.
Claim 3. The stamped geartrain cover of claim 2 wherein Keese further discloses the stepped protrusion further comprises a second cylindrical protrusion (cylindrical protrusion of 10 supporting exterior of 22), coaxial with the first cylindrical protrusion, extending from the annular ring, the second cylindrical protrusion comprising an opening (opening receiving 21) for receiving an axle shaft (21).
Claim 4. The stamped geartrain cover of claim 3 wherein Keese further discloses the second cylindrical protrusion is arranged for receiving an axle shaft seal (22).
Claim 5. The stamped geartrain cover of claim 3 wherein Keese further discloses: the first cylindrical protrusion extends from the annular ring in a first axial direction (left as seen in fig.1); and the second cylindrical protrusion extends from the annular ring in a second axial direction (right as seen in fig.1), opposite the first axial direction.
Claim 8. The stamped geartrain cover of claim 6, wherein Keese further discloses comprising a bearing support (outer bearing race supporting tapered roller bearings of 14) fixed in the tapered protrusion.
Claim 10. The stamped geartrain cover of claim 8 wherein Keese further discloses the bearing support is fixed to the tapered protrusion (see fig.1).
Claim 11. The stamped geartrain cover of claim 8 wherein Keese further discloses the bearing support comprises a third cylindrical protrusion (cylindrical protrusion of the outer race receiving roller bearings of 14) arranged for receiving a second bearing.
Claim 12. The stamped geartrain cover of claim 8 wherein Keese further discloses the bearing support comprises a "J" shaped cross-section (cross section of the inner race supporting tapered rollers of 14 has a j-shaped cross-section, in as much as applicant’s invention does, since fig.1 shows it to have straight sides of different heights connected by a straight bottom.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Keese US2410077 and Von Fumetti US3001409 (as applied to claims 1-5, 8 and 10-12 above) and further in view of Prozeller US20160312830.
Keese further discloses wherein the tapered protrusion and the bearing support comprise respective surfaces contacting one another (outer surface of the outer race for rollers of 14 and the surface of 10 that contact each other). The Keese respective surfaces are straight rather than tapering as claimed. However, 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 shape of the surfaces to be tapered since Prozeller teaches such to have been known to be desirable (e.g., tapered outer surfaces of outer race/support of Prozeller figs.1B, 2B, 4 and 6) and better locate and fix the axial position of parts. That is to say that the Prozeller race/support (e.g., 125, 225, 434, 610) is fixed to a single position relative to the bearing support (e.g., 410, 615) thereby better preventing axial sliding of parts that would be possible for straight surfaces).
Response to Arguments
Applicant's arguments have been fully considered but are largely moot in view of the new grounds of rejection set forth above.
The examiner notes applicant’s preemptive argument that modification of the Keese cover portion 60 to be solid would destroy the cover’s ability to allow a shaft therethrough. However, the newly applied art Von Fumetti teaches that it was known that other types of geartrains require the cover to protect the end of the shaft rather than allow passage of the shaft therethrough such that it would have been obvious to modify the Keese cover portion to be solid for the purpose/benefit of adapting the cover to a different type of geartrain that requires shaft end protection rather than passage, thereby being obvious for increasing the utility of the cover.
Conclusion
Applicant's amendment necessitated the new grounds 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 extension fee 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 date of this final action.
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