DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 . 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 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.
Claim Rejections - 35 USC § 103
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 10,570,770 (Ward) in view of US 4,191,487 (Schultenkamper).
Regarding claim 14, Ward discloses a process forming a torque tube with a hirth tooth coupling assembly (see Figures 2, 3, and 5) comprising:
a case (160 in Figure 2; unnumbered in Figure 5) having a case receiver (e.g. 120); and
inserting a torque tube (132, 432) within the case receiver (see Figures 2, 3, and 5);
extending the torque tube along an axis, the torque tube having a case side (see annotated Figure 1 below);
forming a hirth tooth coupling (see annotated Figure 1 above) comprising a torque tube side attached to the case side of the torque tube;
forming multiple torque tube side teeth (formed at the bottom of 432 in Figure 5) in the torque tube side end face (see annotated Figure 1 above);
coupling a bell crank side (see annotated Figure 1 above in operative communication with the torque tube side opposite the case side of the torque tube (see Figure 5);
forming the bell crank side comprising a bell crank side end face (see Figure 5);
forming multiple bell crank side teeth (adjacent 402 in Figure 5) in the bell crank side end face (see annotated Figure 1 below);
configuring the multiple torque tube side teeth to engage with the multiple bell crank side teeth (see Figure 5 and annotated Figure 1 below); and
coupling a bell crank (204 in Figure 3; 440 in Figure 5) in operative communication with the bell crank side (see Figure 5).
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Figure 1. Annotated Partial Figure 5 of Ward
Ward does not expressly disclose forming a skipped tooth in a torque tube side end face, forming a cutout in the bell crank side end face, operatively coupling the skipped tooth with the cutout to engage the torque tube side and the bell crank side of the hirth tooth coupling, and configuring the multiple torque tube side teeth to engage with the multiple bell crank side teeth responsive to the skipped tooth engaging with the cutout.
Schultenkamper teaches a process of forming a torque tube with a hirth tooth coupling (see Figures 1-3), the torque tube with a hirth tooth coupling comprising:
a torque tube side (2) attached to a case side of the torque tube (1), a skipped tooth (15) formed in a torque tube side end face (right end of 2 in Figure 2), multiple torque tube side teeth (12) formed in the torque tube side end face (see Figure 2); and
a bell crank side (3) in operative communication with the torque tube side opposite the case side of the torque tube, the bell crank side comprising a bell crank side end face (left end of 3 in Figure 2; see also Figure 3), a cutout (16) formed in the bell crank side end face, multiple bell crank side teeth (10) formed in the bell crank side end face (see Figure 4), wherein the skipped tooth is configured to operatively couple with the cutout to engage the torque tube side and the bell crank side of the hirth tooth coupling, wherein the multiple torque tube side teeth are configured to engage with the multiple bell crank side teeth responsive to the skipped tooth engaging with the cutout (see Figure 2 and column 4, lines 14-48).
Schultenkamper teaches this structure provides a means of positive engagement for torque transmission while eliminating misalignment between the torque tube side and bell crank side (see column 1, lines 60-68). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the process of Ward such that forming a skipped tooth in a torque tube side end face, forming a cutout in the bell crank side end face, operatively coupling the skipped tooth with the cutout to engage the torque tube side and the bell crank side of the hirth tooth coupling, and configuring the multiple torque tube side teeth to engage with the multiple bell crank side teeth responsive to the skipped tooth engaging with the cutout, as taught in Schultenkamper, in order to provide a means of positive engagement for torque transmission while eliminating misalignment between the torque tube side and bell crank side.
Regarding claim 15, Schultenkamper teaches forming the skipped tooth (15) as a portion of the torque tube end face (right end of 2 in Figure 2) in the absence of cutting the torque tube end face (see Figure 2); and
forming the multiple torque tube side teeth (12) by cutting (see “broaching or milling operations” in column 2, lines 45-46) the torque tube end face to full height tapered serrations forming grooves (14) in the torque tube end face (see Figure 2).
Regarding claim 16, Schultenkamper teaches forming the skipped tooth (15) as a flat surface configured to be received within the cutout (16; see Figure 2).
Regarding claim 17, Schultenkamper teaches locating an additional skipped tooth (15) in the torque tube end face (right end of 2 in Figure 2) spaced apart asymmetrically from the skipped tooth at least one of the torque tube teeth (12) apart (see Figure 2).
Regarding claim 18, Schultenkamper teaches locating an additional cutout (16) in the bell crank end face (left end of 3 in Figure 2) spaced apart asymmetrically from the cutout at least one of the bell crank teeth (10) apart (left end of 3 in Figure 2; see also Figure 3).
Regarding claim 19, Schultenkamper teaches forming the cutout (16) by cutting out (see “broaching or milling operations” in column 2, lines 45-46) extra teeth (10) from the bell crank side end face (left end of 3 in Figure 2; see also Figure 3).
Regarding claim 20, Schultenkamper teaches forming an alignment feature by meshing the torque tube side (2) with the bell crank side (3);
equipping the torque tube side with a combination of the torque tube side teeth (12) and the skipped tooth (15); and
equipping the bell crank side with a combination of the bell crank side teeth (10) and the cutout (16; see Figure 2).
Allowable Subject Matter
Claims 1-10 and 13 are allowed. The following is an examiner’s statement of reasons for allowance:
Applicant’s arguments filed May 12, 2026, see pages 11-16, with respect to amended independent claims 1 and 8, are persuasive. The prior art fails to fairly show or suggest, alone or in combination, a torque tube with a hirth tooth coupling comprising all the limitations of amended independent claim 1 or a torque tube with a hirth tooth coupling assembly comprising all the limitations of amended independent claim 8. Specifically, the prior art fails to fairly show or suggest a modification to Schultenkamper, or to the combination of Ward and Schultenkamper, such that they include an asymmetrically located additional skipped tooth and additional cutout as required by amended independent claims 1 and 8. Such a modification would teach away from the intended structure of Schultenkamper, which provides for symmetrically located skipped teeth and cutouts in order to ensure a sturdy and stable connection (see column 4, lines 14, through column 5, line 12).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments filed May 12, 2026, see pages 9-10, with respect to the previous drawing objection, are persuasive. This objection has been withdrawn.
Applicant's arguments filed May 12, 2026, with respect to claims 14-20, have been fully considered but they are not persuasive.
On pages 21-22, Applicant asserts independent claim 14 (and its dependents 15-20) are allowable for the same reasons noted regarding claim 8. However, claim 14 has not been amended in the same manner as claim 8. As such, claims 14-20 remain rejected as previously set forth. The Examiner notes, however, if claim 14 were to be amended in the same manner as claim 8, claims 14-20 would be allowable for the reasons noted above.
The Examiner acknowledges Applicant’s argument on pages 17-21, where Applicant argues Ward and Schultenkamper are not analogous art. While the Examiner agrees Ward and Schultenkamper are not from the same field of endeavor, the Examiner contends Ward and Schultenkamper are reasonably pertinent as each pertains to the transmission of rotational force from one member to another via a hirth tooth coupling (see Figure 5 and column 7, lines 34, through column 8, line 10 of Ward; and Figure 2 and column 3, line 51, through column 4, line 54 of Schultenkamper). Hirth tooth couplings themselves inherently provide a means of blind alignment via the meshing of face teeth, as shown in Figure 5 of Ward and Figure 2 of Schultenkamper.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
July 14, 2026