Claim Rejections - 35 USC § 112
Claims 6-16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the counter bore" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the counter bore" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "a counter bore" in line 2. It is unclear whether this counter bore is the same as or different from that previously recited.
Claim 13 recites the limitation "the bolt holes" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Each of claims 14-16 recites the limitation "the counter bore" in line 14. There is insufficient antecedent basis for this limitation in the claim because neither of the previously recited counter bores is identified as the counter bore.
Claim Rejections - 35 USC § 102
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuczera, US 7,008,327.
Claim 9. Kuczera discloses a constant velocity joint (11), comprising:
an outer race (50) extending about an axis and configured to be coupled with a first shaft (42);
the outer race extending axially between a top surface (66) and a bottom surface (see the left end of the outer race 50 in Figs. 3-5A) and extending radially between a radially outer surface and a radially inner surface (51), the radially inner surface of the outer race defining a compartment (64);
an inner race (52) located in the compartment and pivotable relative to the outer race (see “angular . . . displacements” at col. 2, line 38; see also item 4a below) for being connected with a second shaft (44);
a plurality of balls (56) positioned radially between the outer and inner races for guiding the pivoting movement of the inner race relative to the outer race while transmitting rotational movement (col. 1, line 32) between the outer and inner races;
an upper can (48) coupled to the top surface of the outer race for sealing the compartment of the outer race; and
Fig. 5A-5B show the inner circumference of the outer race presenting at least one rim (86, 88, 91) and extending radially over the balls under the counter bore of the outer race to inhibit axial movement of the balls (col. 7, lines 54-55).
Claims 12 & 1. At col. 5, lines 63-66, Kuczera discloses the outer race (50) and shaft (42) as flanged and connected by bolts, in which case the top surface (66) the outer race defines a plurality of bolt holes extending axially through the outer race and arranged circumferentially around the outer race and positioned radially outwardly of the upper can (48) for receiving bolts to attach the outer race to the first shaft.
Claim 10 & 7. Fig. 5B shows the rim (91) is hemispherical shaped.
Claim 11 & 8. Figs. 3 & 5A show the radially inner surface (51) of the outer race (50) defines a plurality of axially extending first ball tracks (60), a radially outward surface (70) of the inner race (52) defines a plurality of axially extending second ball tracks (61), wherein the first and second ball tracks are circumferentially aligned with one another and with one of the
plurality of balls (56) positioned between each of the aligned ball tracks, and wherein the at least one rim (88) includes a plurality of rims (col. 7, lines 41-42) each located at a top of one of the first ball tracks (60) of the outer race.
Claims 13 & 2. Figs. 5A-5B show the top surface of outer race (50) defines a counter bore in which the upper can (48) is fixes, the counter bore extending along the radially inner surface of the outer race radially inward of where bolt holes would exist as noted at claims 12 & 1 above.
Claim 14 & 4. Figs. 5A-5B show the upper can (48) has a rim portion in the counter bore, and wherein the rim portion engages the top surface of the outer race in the counter bore continuously and uninterrupted 360 degrees around the rim.
Claims 15 & 3. At Fig. 5A-5B and col. 6, line 9, the upper can (48) is disclosed as press fit into the counter bore.
Claim 16 & 5. Figs. 5A-5B show the counter bore includes a radial wall extending along a plane being perpendicular to the axis and an axial wall extending axially, and wherein the upper can (48) has a rim portion overlying the radial wall of the counter bore of the outer race and terminating at a lip extending axially upwardly and engaging the axial wall of the counter bore.
Claim 6. See claim 9 above.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ishikura era, US 12,188,527.
Claim 1. Ishikura discloses a constant velocity joint (3), comprising:
an outer race (33) extending about an axis (P) and configured to be coupled with a first shaft (200);
the outer race extending axially between a top surface (33a) and a bottom surface (33b) and extending radially between a radially outer surface and a radially inner surface, the radially inner surface of the outer race defining a compartment (see Fig. 3(a));
an inner race (31) located in the compartment and pivotable relative to the outer race (inherent, see also item 4a below) for being connected with a second shaft (2);
a plurality of balls (32) positioned radially between the outer and inner races for guiding the pivoting movement of the inner race relative to the outer race while transmitting rotational movement (col. 1, lines 62-63) between the outer and inner races;
an upper can (40) coupled to the top surface of the outer race for sealing the compartment of the outer race (col. 4, line 30); and
a plurality of bolt holes (33d) extending axially through the outer race and arranged circumferentially around the outer race and positioned radially outwardly of the upper can for receiving bolts (10) to attach the outer race to the first shaft.
Claim 2. The top surface (33a) of outer race (33) outer race defines a counter bore (33e) along the radially inner surface of the outer race radially inward of the bolt holes (33d), and wherein the upper can (40) is fixed in the counter bore.
Claim 3. At col. 4, lines 16-19, the upper can (40) is disclosed as press fit into the counter bore (33e).
Claim 4. Figs. 3(a), 3(b) & 4 show the upper can (40) has a rim portion (41) in the counter bore (33e), and wherein the rim portion engages the top surface (33a) of the outer race (33) in the counter bore (33e) continuously and uninterrupted 360 degrees around the rim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Universal Joint and Driveshaft Design Manual teaches at subsection Kinematics (beginning at page 131) that the inner race of a constant velocity joint is pivotable relative to the outer race of the constant velocity joint.
Each of Asher and Madden discloses a constant velocity joint comprising features like those of the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Greg Binda whose telephone number is (571)272-7077. The examiner can normally be reached 9:30-5:30 et.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Greg Binda/Primary Examiner, Art Unit 3679