DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to invent provisions. 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 Objections
Claims 2 and 4 are objected to because of the following informalities: Claims 2 and 4 recite the limitation “the plurality of splines at the second free end of the elongated shaft are configured to engage a gear located in a differential” which appears that it should recite - - the plurality of splines at the first free end of the elongated shaft are configured to engage a gear located in a differential - -. Appropriate correction is required.
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.
Claim(s) 1-5, 9, 10, 13-16, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peck (U.S. P.G. Publication No. 2022/0072902 A1; “Peck”).
Peck discloses:
Regarding claim 1:
A straight axle (depicted in FIG. 3) for a vehicle drive assembly, the straight axle comprising:
an elongated shaft (132) having a first free end (at 136; FIG. 3) with a plurality of splines (¶ 32, “The first and second axle shaft inboard ends 136, 140”) formed thereon and a second free end (at 138; FIG. 3) with an externally threaded section (144) that defines the second free end and a plurality of splines that are formed on the elongated shaft (¶ 32, “the first and second axle shaft outboard ends 138, 142 are splined”) behind the externally threaded section (depicted in FIG. 3; ¶ “The first and second axle shaft outboard ends 138, 142 may also include threaded portions 144”);
wherein the plurality of splines at the first free end of the elongated shaft and the plurality of splines at second free end of the elongated shaft are configured to engage with complementary splines on associated drive components (¶ 34, “The inner races146 include splined bores 148 that receive the first and second axle shaft outboard ends 138, 142 such that the splines on these respective components rotatably couple the inner races 146 and thus the wheel flanges 48 to the first and second axle shafts 132, 134. Because the splines on the first and second axle shaft inboard ends 136, 140 mate with the differential 104, which is rotatably driven by the ring gear/pinion gear mesh, the rotational power and torque of the engine can be transmitted to the wheels of the vehicle” ), and the externally threaded section is configured to receive a fastener (150) that retains one of the associated drive components on the elongated shaft (¶ 34), wherein a step (S; FIG. A below) is defined in the elongated shaft proximate the splines at the second free end of the elongated shaft (FIG. A below depicts step S located next to splines 138) to limit axial movement of the retained associated drive component (FIG. A below reasonably depicts/discloses the step S as having a larger diameter than that of splines 138 and thereby would limit axial movement upon encountering at least the axial end faces mating splines 148; see MPEP § 2125).
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FIGURE A: Annotated view of Peck
Regarding claim 2:
The straight axle of claim 1, wherein the plurality of splines at the first free end of the elongated shaft are configured to engage a gear located in a differential (¶ 32, “The first and second axle inboard ends 136, 140 are received in the differential 104 and are rotationally coupled to the pinion gear 106 through the planetary gear set 128.”).
Regarding claim 3:
The straight axle of claim 1, wherein the plurality of splines on the elongated shaft behind the externally threaded section are configured to engage a wheel rotor (48, 52; ¶ 34, “The inner races 146 include splined bores 148 that receive the first and second axle shaft outboard ends 138, 142 such that the splines on these respective components rotatably couple the inner races 146 and thus the wheel flanges 48 to the first and second axle shafts 132, 134”).
Regarding claim 4:
The straight axle of claim 3, wherein the plurality of splines at the first free end of the elongated shaft are configured to engage a gear located in a differential (¶ 32, “The first and second axle inboard ends 136, 140 are received in the differential 104 and are rotationally coupled to the pinion gear 106 through the planetary gear set 128.”).
Regarding claim 5:
The straight axle of claim 4, wherein the wheel rotor includes a plurality of lug bolts (50) for connecting a rim to the wheel rotor (¶ 25).
Regarding claim 9:
A vehicle rear drive system (¶ 1, “The subject disclosure is generally directed to axle assemblies for vehicles, such as solid front or rear axle assemblies used in automobiles and trucks”) comprising:
a rear drive assembly (20) that transmits power to at least one axle shaft (¶ 34); a wheel rotor (48, 52); and, an axle shaft (132) having a first end (at 136) configured to mate with the rear drive assembly (¶ 33), and a second end (at 138) configured to mate with the wheel rotor (¶ 34);
wherein the second end of the axle shaft that mates with the wheel rotor includes an externally threaded portion (144) that receives a threaded fastener (150) for retaining the wheel rotor assembly on the axle shaft (¶ 34);
an axle housing (24) extending from the rear drive assembly about the axle shaft, and a spindle (147) fixedly supported relative to the axle housing (¶ 34), wherein the wheel rotor is supported by the spindle and configured to rotate about the spindle (¶¶ 25, 34); and
a single bearing assembly is positioned between the spindle and the wheel rotor (¶ 34, “As explained above, wheel flanges 48 of the first and second self-lubricating and unitized grease wheel end bearings 44, 46 have circumferentially spaced wheel studs 50. These wheel flanges 48 are connected to and rotate with an inner race 146 of the first and second self-lubricating and unitized grease wheel end bearings 44, 46. The inner races 146 include splined bores 148 that receive the first and second axle shaft outboard ends 138, 142 such that the splines on these respective components rotatably couple the inner races 146 and thus the wheel flanges 48 to the first and second axle shafts 132, 134. Because the splines on the first and second axle shaft inboard ends 136, 140 mate with the differential 104, which is rotatably driven by the ring gear/pinion gear mesh, the rotational power and torque of the engine can be transmitted to the wheels of the vehicle. The first and second self-lubricating and unitized grease wheel end bearings 44, 46, also include outer races 147 that extend annularly about the inner races 146. The outer races 147 are fixedly mounted to the first and second wheel ends 30, 32 of the axle housing 24, such as by welding or a bolted connection. Greased bearings (not shown) may be provided between the inner and outer races 146, 147 to reduce friction. These greased bearings could be tapered roller bearings, high contact ball bearings, or a combination of tapered roller bearings and high contact ball bearings depending on the desired load rating. Wheel end nuts 150 thread onto the threaded portions 144 of the first and second axle shaft outboard ends 138, 142 to prevent free play along the longitudinal axis 28 between the wheel flanges 48 and the first and second axle shafts 132, 134.”; the foregoing describes that respective single bearing assemblies are axially between the spindle 147 and wheel rotor 48, 52).
Regarding claim 10:
The vehicle rear drive system of claim 9, wherein the second end of the axle shaft has a plurality of splines (138) behind the externally threaded portion which mate with a plurality of splines within a central passage of the wheel rotor (¶ 34, “The inner races 146 include splined bores 148 that receive the first and second axle shaft outboard ends 138, 142 such that the splines on these respective components rotatably couple the inner races 146 and thus the wheel flanges 48 to the first and second axle shafts 132, 134.”).
Regarding claim 13:
The vehicle rear drive system of claim 9, wherein the wheel rotor includes a wheel hub (48) which supports a plurality of lug bolts (50) and an axle hub (at 146) configured to fixedly engage the axle shaft (via splines, ¶ 34).
Regarding claim 14:
The vehicle rear drive system of claim 13, wherein the wheel hub and axle hub are manufactured as a unitary component (FIG. 3 reasonably depicts/discloses hub 48 and axle 146 as being integral i.e. a unitary component; see MPEP § 2125).
Regarding claim 15:
A vehicle rear drive system (¶ 1, “The subject disclosure is generally directed to axle assemblies for vehicles, such as solid front or rear axle assemblies used in automobiles and trucks”) comprising:
a rear drive assembly (20) that transmits power to at least one axle shaft (¶ 34);
a pair of wheel rotors (48, 52; see one for axle shaft 132 and one for shaft 134); and,
a pair of straight axle shafts (132, 134), each straight axle shaft has a first end (at 136, 140) configured to mate with the rear drive assembly (¶ 33), and a second end (at 138, 142) configured to mate with a respective wheel rotor (48, ¶ 34);
an axle housing (24) extending from the rear drive assembly about the axle shaft, and a spindle (147) fixedly supported relative to the axle housing (¶ 34), wherein the wheel rotor is supported by the spindle and configured to rotate about the spindle (¶¶ 25, 34); and
a single bearing assembly is positioned between each spindle and associated wheel rotor (¶ 34, “As explained above, wheel flanges 48 of the first and second self-lubricating and unitized grease wheel end bearings 44, 46 have circumferentially spaced wheel studs 50. These wheel flanges 48 are connected to and rotate with an inner race 146 of the first and second self-lubricating and unitized grease wheel end bearings 44, 46. The inner races 146 include splined bores 148 that receive the first and second axle shaft outboard ends 138, 142 such that the splines on these respective components rotatably couple the inner races 146 and thus the wheel flanges 48 to the first and second axle shafts 132, 134. Because the splines on the first and second axle shaft inboard ends 136, 140 mate with the differential 104, which is rotatably driven by the ring gear/pinion gear mesh, the rotational power and torque of the engine can be transmitted to the wheels of the vehicle. The first and second self-lubricating and unitized grease wheel end bearings 44, 46, also include outer races 147 that extend annularly about the inner races 146. The outer races 147 are fixedly mounted to the first and second wheel ends 30, 32 of the axle housing 24, such as by welding or a bolted connection. Greased bearings (not shown) may be provided between the inner and outer races 146, 147 to reduce friction. These greased bearings could be tapered roller bearings, high contact ball bearings, or a combination of tapered roller bearings and high contact ball bearings depending on the desired load rating. Wheel end nuts 150 thread onto the threaded portions 144 of the first and second axle shaft outboard ends 138, 142 to prevent free play along the longitudinal axis 28 between the wheel flanges 48 and the first and second axle shafts 132, 134.”; the foregoing describes that respective single bearing assemblies are axially between the spindle 147 and wheel rotor 48, 52);
wherein the second end of the axle shaft that mates with the wheel rotor includes an externally threaded portion (144) that receives a threaded fastener (150) for retaining the wheel rotor assembly on the axle shaft (¶ 34).
Regarding claim 16:
The vehicle rear drive system of claim 15, wherein the second end of each axle shaft has a plurality of splines (138, 142) behind the externally threaded portion which mate with a plurality of splines within a central passage of the wheel rotor (¶ 34).
Regarding claim 19:
The vehicle rear drive system of claim 15, wherein the wheel rotor includes a wheel hub (48) which supports a plurality of lug bolts (50) and an axle hub (at 146) configured to fixedly engage the axle shaft (via splines, ¶ 34).
Regarding claim 20:
The vehicle rear drive system of claim 19, wherein the wheel hub and axle hub are manufactured as a unitary component (FIG. 3 reasonably depicts/discloses hub 48 and axle 146 as being integral i.e. a unitary component; see MPEP § 2125).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peck.
Regarding claim 6, Peck discloses the limitations of claim 1, see above, including that the fastener is a nut (¶ 34). However, it does not expressly disclose that the fastener is a castle nut.
In certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that the use of a castle nut, e.g. for locking purposes, is instantly and unquestionably well-known and common knowledge in the art. In addition, “an implicit motivation to combine exists not only when a suggestion may be gleaned from the prior art as a whole, but when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. Because the desire to enhance commercial opportunities by improving a product or process is universal-and even common-sensical-we have held that there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves. In such situations, the proper question is whether the ordinary artisan possesses knowledge and skills rendering him capable of combining the prior art references" (emphasis) DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 80 USPQ2d 1641, 1651 (Fed. Cir. 2006); see MPEP § 2143(I)(G). One having ordinary skill in the art would understand that the use of specifically a castle nut, due to its locking function, would render the connection stronger and/or more durable. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Peck so that its fastener is a castle nut as such combination of elements are instantly and unquestionably well-known and common knowledge in the art.
Regarding claim 7, Peck discloses the limitations of claim 1, see above, including that the fastener is a nut (¶ 34). However, it does not expressly disclose that the nut includes a locking insert.
In certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that the use of a locking insert, e.g. in a nylon insert nut, is instantly and unquestionably well-known and common knowledge in the art. In addition, “an implicit motivation to combine exists not only when a suggestion may be gleaned from the prior art as a whole, but when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. Because the desire to enhance commercial opportunities by improving a product or process is universal-and even common-sensical-we have held that there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves. In such situations, the proper question is whether the ordinary artisan possesses knowledge and skills rendering him capable of combining the prior art references" (emphasis) DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 80 USPQ2d 1641, 1651 (Fed. Cir. 2006); see MPEP § 2143(I)(G). One having ordinary skill in the art would understand that the use of specifically a nylon insert nut, due to its locking function, would render the connection stronger and/or more durable. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Peck so that its fastener includes a locking insert (e.g. nylon insert nut) as such combination of elements are instantly and unquestionably well-known and common knowledge in the art.
Regarding claim 8, Peck discloses the limitations of claim 1, see above, but does not expressly disclose that the fastener has a lock and sealing solution applied thereto.
In certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that a fastener having a lock and sealing solution applied thereto such as thread-locking fluid or threadlocker is instantly and unquestionably well-known and common knowledge in the art. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Peck so that its fastener has a lock and sealing solution applied thereto as such combination of elements are instantly and unquestionably well-known and common knowledge in the art.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
Applicant argues that Peck does not disclose the “step” as recited in amended claim 1. Remarks at 6-7. In response, the Examiner respectfully disagrees. Peck discloses a step (S; FIG. A above) is defined in the elongated shaft proximate the splines at the second free end of the elongated shaft (FIG. A above depicts step S located next to splines 138) to limit axial movement of the retained associated drive component (FIG. A above reasonably depicts/discloses the step S as having a larger diameter than that of splines 138 and thereby would limit axial movement upon encountering at least the axial end faces mating splines 148; see MPEP § 2125). As such, Applicant’s argument is not deemed as persuasive.
Applicant argues that Peck does not disclose a single bearing assembly such that it provides “a ¾ float axle assembly.” Remarks at 7-8. In response, the features upon which applicant relies (i.e., 3-4 float axle assembly) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Furthermore, to the extent that such a structure is provided by “a single bearing assembly” as recited in amended claims 9 and 15, Peck indeed discloses said single bearing assembly insofar as it discloses, e.g. as per paragraph 34, that “wheel flanges 48 of the first and second self-lubricating and unitized grease wheel end bearings 44, 46 have circumferentially spaced wheel studs 50. These wheel flanges 48 are connected to and rotate with an inner race 146 of the first and second self-lubricating and unitized grease wheel end bearings 44, 46. The inner races 146 include splined bores 148 that receive the first and second axle shaft outboard ends 138, 142 such that the splines on these respective components rotatably couple the inner races 146 and thus the wheel flanges 48 to the first and second axle shafts 132, 134. Because the splines on the first and second axle shaft inboard ends 136, 140 mate with the differential 104, which is rotatably driven by the ring gear/pinion gear mesh, the rotational power and torque of the engine can be transmitted to the wheels of the vehicle. The first and second self-lubricating and unitized grease wheel end bearings 44, 46, also include outer races 147 that extend annularly about the inner races 146. The outer races 147 are fixedly mounted to the first and second wheel ends 30, 32 of the axle housing 24, such as by welding or a bolted connection. Greased bearings (not shown) may be provided between the inner and outer races 146, 147 to reduce friction. These greased bearings could be tapered roller bearings, high contact ball bearings, or a combination of tapered roller bearings and high contact ball bearings depending on the desired load rating. Wheel end nuts 150 thread onto the threaded portions 144 of the first and second axle shaft outboard ends 138, 142 to prevent free play along the longitudinal axis 28 between the wheel flanges 48 and the first and second axle shafts 132, 134.” As such, Applicant’s argument is not deemed as persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant's amendment necessitated the new ground(s) 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 DANIEL D YABUT whose telephone number is (571)270-5526. The examiner can normally be reached on Monday through Friday from 9:00 AM to 5:00 PM.
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/DANIEL D YABUT/Primary Examiner, Art Unit 3656