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 .
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 16 and 23 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.
Regarding Claims 16 and 23, the term “and/ or” in the limitation “of the pressure piece and/or the worm” of claim 16 and the limitation “the worm and/or the worm wheel” of claim 23 renders the claims indefinite because it is not clear whether both the pressure piece/ worm and the worm/ worm wheel must meet the claimed limitations or if only one or the other are required to meet them. Appropriate correction is required.
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.
Claims 13-17, and 22-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GRAU (DE-102010000845-A1).
Regarding Claim 13, GRAU teaches an adjusting device for automatically adjusting a worm on a worm wheel of a worm gear for an electromechanical auxiliary power steering system for a vehicle (Preloading Device 4 of Helical Gear 1, Fig. 1), the adjusting device comprising:
a guide linkage (Adjusting Element 11, Fig. 2);
a pressure piece (Pressure Piece 5, Fig. 2);
a spring (Adjusting Spring 12, Fig. 2) which is shaped so as to exert a spring force onto the guide linkage (11) in order to radially push the guide linkage (11) towards the worm (Adjusting Spring 12 pushing Adjusting Element 11 radially towards Helical Pinion 2 as illustrated in Figs. 1 and 2);
wherein the guide linkage (11) is configured to transmit the spring force onto the pressure piece (Adjusting Element 11 pushing on Pressure Piece 5 though Compression Spring 6 as illustrated in Figs. 1 and 2), wherein the pressure piece (5), which is connected to the guide linkage (11), is configured to contact a worm section of the worm (2) in order to exert an adjusting force, which is produced by the spring force, onto the worm (as illustrated in Figs. 1 and 2 and taught in the Abstract); and
a clamping device (Ball Cage 13, Fig. 2) configured to prevent the guide linkage (11) from moving back away from the worm (the Abstract and Para. [0056] teach that Adjusting Element 11 is inhibited from moving away from Pressure Piece 5, and therefore Helical Pinion 2, by Ball Cage 13).
Regarding Claim 14, GRAU further teaches that a contact surface (the inner race of Loose Bearing 8, Fig. 1) of the pressure piece (5) is shaped in a curved manner for contact with the worm section (Loose Bearing 8 contacting Helical Pinion 2 in a curved shape to apply the pressure provided by Pressure Piece 5 as illustrated in Fig. 1).
Regarding Claim 15, GRAU further teaches that the pressure piece (5) has a resilient element (End Stop 18, Fig. 2; taught as comprising an elastic damping element in Para. [0055]) for coupling the pressure piece (5) to the guide linkage (11).
Regarding Claim 16, GRAU further teaches that the clamping device (13) is configured to prevent a deflection of the pressure piece (5) and/or the worm (2) caused by separating forces which result from gearing between the worm (2) and the worm wheel (Helical Wheel 3, Fig. 1) during operation of the worm gear (as taught in Para. [0056]).
Regarding Claim 17, GRAU further teaches:
a housing section (Housing Part 10, Fig. 2) with a through-opening through which the guide linkage (11) is guided (Adjusting Element 11 being disposed in and being guided by an opening in Housing part 10 as illustrated in Fig. 2).
Regarding Claim 22, GRAU further teaches:
a bearing device (Loose Bearing 8, Fig. 1) with a bearing slot (Bearing Bushing 9, Fig. 9) in which the worm section is received (an end of Helical Pinion 2 being received in Loose Bearing 8 and Bearing Bushing 9 as illustrated in Fig. 1 and taught Para. [0048]; a slot being for allowing Helical Pinion 2 to swivel being taught in Para. [0021]).
Regarding Claim 23, GRAU further teaches:
the worm (2) and/or the worm wheel (3), wherein the worm (2) is mounted so as to be able to oscillate in a self-aligning bearing (Helical Pinion 2 being mounted in Roller Bearing 7 as illustrated in Fig. 1 and able to swivel- i.e. oscillate- as taught in Para. [0048]).
Regarding Claim 24, GRAU teaches an electromechanical auxiliary power steering system (Para. [0001]), comprising:
a motor (an Electric Drive Motor being taught in Para. [0048]);
a steering linkage (Para. [0001] teaches that the invention relates to an electric power steering system, which is understood to comprise some means of linking the steering system to a wheel in order to steer it); and an adjusting device having substantially the same features as that of claim 13 (see the 102 rejection of claim 13 above).
Regarding Claim 25, GRAU teaches a method for automatically adjusting a worm on a worm wheel of a worm gear for an electromechanical auxiliary power steering system for a vehicle (Paras. [0017]- [0019] teaches that a method in which a preload device applies a force to a screw pinion to compensate for- i.e. adjust for- various factors including wear on a helical gear drive), the method comprising the steps of:
exerting a spring force of a spring (Adjusting Spring 12, Fig. 2) on a guide linkage (Adjusting Element 11, Fig. 2) in order to push the guide linkage (11) radially to the worm (Para. [0056] teaches that Adjusting Spring 12exerts a force on Adjusting Element 11 to push it towards Pressure Piece 5 and therefore Helical Pinion 2);
transmitting the spring force from the guide linkage (11) to a pressure piece (Pressure Piece 5, Fig. 2) connected to the guide linkage (Adjusting Element 11 pushing on Pressure Piece 5 though Compression Spring 6 as illustrated in Figs. 1 and 2 and taught in Para. [0056]);
contacting the pressure piece (5) with a worm section of the worm (2) in order to exert an adjusting force, produced by the spring force, onto the worm (Pressure Piece 5 pressing on Helical Pinion 2 based on the force supplied by Adjusting Spring 12 and Compression Spring 6 as illustrated in Figs. 1 and 2 and taught in Paras. [0047]- [0051]); and
preventing the guide linkage (11) from moving back away from the worm (Para. [0056] teaches that a self-locking of Adjusting Element 11 is achieved by a clamping from Ball Cage 13 which prevents it from moving away from Pressure Piece 5 and therefore Helical Pinion 2).
Claim Rejections - 35 USC § 103
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 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 18 is rejected under 35 U.S.C. 103 as being unpatentable over GRAU.
Regarding Claim 18, GRAU further teaches at least one wedge (Adjusting Element 11 being shaped as a wedge as illustrated in Fig. 2) of the clamping device (13) is arranged in the opening section (Adjusting Element 11 being arranged in Housing Part 10 as illustrated in Fig. 2), and
a further spring (Compression Spring 6, Fig. 2) of the clamping device (13) is clamped between the wedge (11) and the pressure piece (Compression Spring 6 being disposed between Adjusting Element 11 and Pressure Piece 5 as illustrated in Fig. 2).
GRAU teaches a cylindrical through-opening and not the claimed conical shape, but it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the cylindrical through-opening of GRAU’s adjusting device conically shaped, since it has been held that changes in shape of an invention involve only routine skill in the art. In re Dailey, 149 USPQ 47 and MPEP 2144.04(IV)(B). Please note that in the instant application, the applicant has not disclosed any criticality for the claimed limitation.
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over GRAU in view of FUECHSEL (DE-102012102665-A1).
Regarding Claim 19, GRAU further teaches that {the wedge (11) is formed in a conical shape} (as illustrated in Fig. 2).
GRAU does not teach that the wedge is formed by two conical half-shells.
FUECHSEL teaches, in another device for pressing a worm against a worm wheel (Abstract), two half-shells (Half Shells 110 and 111, Fig. 6) which form a wedge (Half Shells 110 and 111 forming a Clamping Shell 11” as taught in Fig. 6 and Claim 6), and further teaches a conical wedge (Clamping Ring 11’ being substantially conical in shape, Fig. 6).
The wedge (11, 11’ and 11’’) of FUECHSEL is arranged such that it has a bore through which a guide linkage (Pressure Piece 7, Fig. 6) is guided (Para. [0063] teaches that Pressure Piece 7 is guided by an Adjusting Element 11) (note: these teachings related to claims 20 and 21 as discussed below).
It would have been obvious to a person of ordinary skill in the art having the teachings of GRAU and FUECHSEL in front of them before the effective filing date of the claimed invention, to modify GRAU’s adjusting device such that the wedge is formed by two conical half-shells as suggested by FUECHSEL. A person of ordinary skill in the art would have appreciated the advantage of providing a reliable means of gripping a guide linkage that would beneficially make a more reliable adjusting device.
Regarding Claims 20 and 21, (having different dependencies but similar limitations), GRAU teaches all limitations (see the 103 rejection of claim 19 above for the teachings of FUECHSEL and motivation to combine them with GRAU’s adjusting device).
Conclusion
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/TYLER JAY STANLEY/Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611