Information Disclosure Statement
The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98. 37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed; (3) for each cited pending U.S. application, the application specification including claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion, unless the cited pending U.S. application is stored in the Image File Wrapper (IFW) system; and (4) all other information, or that portion which caused it to be listed. In addition, each IDS must include a list of all patents, publications, applications, or other information submitted for consideration by the Office (see 37 CFR 1.98(a)(1) and (b)), and MPEP § 609.04(a), subsection I. states, “the list ... must be submitted on a separate paper.” Therefore, the references cited in the international search report have not been considered. Applicant is advised that the date of submission of any item of information in the international search report will be the date of submission of the IDS for purposes of determining compliance with the requirements for the IDS with 37 CFR 1.97, including all timing statement requirements of 37 CFR 1.97(e). See MPEP § 609.05(a).
The listing of references in the specification as at paragraph 0002 is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to because contrary to the description at paragraph 0028, “Embodiment 1” at Fig. 2 and “Embodiment 2” at Fig. 6 are structurally identical. The only difference is where applicant has drawn a line for “inner race groove neutral position B”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it begins with a phrase that can be implied. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
Claims 12-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Each of the claims recites or depends from a claim that recites the limitation, “an outer race groove neutral position”. However, there specification fails to disclose a particular position that equates to “an outer race groove neutral position”. Instead any position along outer race groove portion 40a that abuts ball member 60 would fit the description of “an outer race groove neutral position”. As such, it would not be possible for one of ordinary skill in the art to determine a particular position that equates to “an outer race groove neutral position” without undue experimentation.
Each of the claims recites or depends from a claim that recites the limitation, “an inner race groove neutral position”. However, there specification fails to disclose a particular position that equates to “an inner race groove neutral position”. Instead any position along inner race groove portion 50a that abuts ball member 60 would fit the description of “an inner race groove neutral position”. As such, it would not be possible for one of ordinary skill in the art to determine a particular position that equates to “an inner race groove neutral position” without undue experimentation.
Claims 12-15 is 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.
Each of the claims recites or depends from a claim that recites the limitation, “an outer race groove neutral position”. However, there does not appear to be any particular position that equates to “an outer race groove neutral position”. Instead any position along outer race groove portion 40a that abuts ball member 60 reads on “an outer race groove neutral position” as recited in the claims.
Each of the claims recites or depends from a claim that recites the limitation, “an inner race groove neutral position”. However, there does not appear to be any particular position that equates to “an inner race groove neutral position”. Instead any position along inner race groove portion 50a that abuts ball member 60 reads on “an inner race groove neutral position” as recited in the claims.
Claim 14 recites, “distance from the inner race groove neutral position to the first inner race groove end portion is set [longer than and] substantially equal to distance from the inner race groove neutral position to the second inner race groove end portion.” It’s meaning is unknown.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends.
Claim Rejections - 35 USC § 102
Claims 12-13 & 15-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Okazaki, US 2021/0293282.
Claims 12-13. Okazaki discloses a constant velocity joint (100) for a propeller shaft which is provided between a first propeller shaft (12) and a second propeller shaft (inherent, see item 9a below) of a propeller shaft to connect the first propeller shaft and the second propeller shaft,
the constant velocity joint comprising an outer race member (11) formed into a cylindrical shape, to which the first propeller shaft of the propeller shaft is connected,
the outer race member including: an outer race groove portion (13) provided at an inner periphery of the outer race member in a recessed manner so as to be angled to a rotational axis (J1) of the constant velocity joint (paragraph 0025);
a first outer race groove end portion (10b) situated on the first propeller shaft side of the outer race groove portion; and a second outer race groove end portion (10a) situated on the second propeller shaft side of the outer race groove portion,
the constant velocity joint further comprising:
a ball member (30) disposed in the outer race groove portion, and
an inner race member (20) provided on the inner peripheral side of the outer race member and connected to the second propeller shaft of the propeller shaft, the inner race member including: an inner race groove portion (21) provided at an outer periphery of the inner race member in a recessed manner so as to be angled to the rotational axis (J2) of the constant velocity joint and intersect with the outer race groove portion (paragraph 0027), the inner race groove portion being formed to have a larger outer diameter than the second propeller shaft See Fig.1 and item 9a below);
a first inner race groove end portion (20b) situated on the first propeller shaft side of the inner race groove portion; and a second inner race groove end portion (20a) situated on the second propeller shaft side of the inner race groove portion,
wherein Fig. 1 shows the distance from a position at which the ball member is situated in the outer race groove portion to the first outer race groove end portion of the outer race groove portion is set longer than distance from a position at which the ball member is situated in the inner race groove portion to the second inner race groove end portion of the inner race groove portion,
wherein the outer race groove portion includes an outer race groove neutral position (see the position of the ball 30 in Fig. 1) that is provided between the first outer race groove end portion and the second outer race groove end portion, the outer race groove neutral position being where the outer race groove portion abuts against the ball member, and
wherein the inner race groove portion includes an inner race groove neutral position (see the position of the ball 30 in Figs. 10-11) that is provided between the first inner race groove end portion and the second inner race groove end portion, the inner race groove neutral position being where the inner race groove portion abuts against the ball member,
wherein Figs. 1 & 10-11 shows the distance from the inner race groove neutral position to the first inner race groove end portion is set longer than distance from the inner race groove neutral position to the second inner race groove end portion, and distance from the outer race groove neutral position to the first outer race groove end portion is set longer than the distance from the inner race groove neutral position to the second inner race groove end portion.
Claim 15. Okazaki does not show a boot that covering the gap between the outer race member (11) and the second propeller shaft, so that the outer race groove neutral position is located where stress acting on the boot is minimum, and the position is where the ball member is situated, such a boot is an inherent feature for a constant velocity joint like constant velocity joint (100). See item 9b below.
Claims 16 & 19. Okazaki discloses a constant velocity joint (100) for a propeller shaft which is provided between a first propeller shaft (12) and a second propeller shaft (inherent, see item 9a below) of a propeller shaft to connect the first propeller shaft and the second propeller shaft,
the constant velocity joint comprising an outer race member (11) formed into a cylindrical shape, to which the first propeller shaft of the propeller shaft is connected,
the outer race member including: an outer race groove portion (13) provided at an inner periphery of the outer race member in a recessed manner so as to be angled to a rotational axis (J1) of the constant velocity joint (paragraph 0025);
a first outer race groove end portion (10b) situated on the first propeller shaft side of the outer race groove portion; and a second outer race groove end portion (10a) situated on the second propeller shaft side of the outer race groove portion,
the constant velocity joint further comprising:
a ball member (30) disposed in the outer race groove portion, and
an inner race member (20) provided on the inner peripheral side of the outer race member and connected to the second propeller shaft of the propeller shaft, the inner race member including: an inner race groove portion (21) provided at an outer periphery of the inner race member in a recessed manner so as to be angled to the rotational axis (J2) of the constant velocity joint and intersect with the outer race groove portion (paragraph 0027), the inner race groove portion being formed to have a larger outer diameter than the second propeller shaft See Fig.1 and item 9a below);
a first inner race groove end portion (20b) situated on the first propeller shaft side of the inner race groove portion; and a second inner race groove end portion (20a) situated on the second propeller shaft side of the inner race groove portion,
wherein Fig. 1 shows the distance from a position at which the ball member is situated in the outer race groove portion to the first outer race groove end portion of the outer race groove portion is set longer than distance from a position at which the ball member is situated in the inner race groove portion to the second inner race groove end portion of the inner race groove portion,
wherein the second propeller shaft is a stub shaft (see item 9a below), and
wherein the inner race member (20) comprises a through-hole (see Fig. 1) provided on a further inner peripheral side than the inner race groove portion, the through-hole in which the stub shaft is inserted; a small-diameter portion (22) formed on the second inner race groove end portion side to have a smaller diameter than the inner race groove portion; and a jig engagement concave portion (see in Fig. 1, the unnumbered groove to the right of the small diameter port 22) formed to have a smaller diameter than the small-diameter portion.
Claims 17 & 18. An angulated angular (see obtuse angle at paragraph 0044)/chamfered portion (21b) is provided at an outer periphery of at least one of wall portions in the peripheral direction of the second inner race groove end portions (20a). See Fig. 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Universal Joint and Driveshaft Manual teaches in Section 3.2.12 that a cross groove universal joint, i.e. a constant velocity joint like joint 100 of Okazaki includes:
A stub shaft (see “SHAFT” at Fig. 1) like that of second propeller shaft 3 of Okazaki.
A boot (see “SEAL ADAPTER” and “BOOT SEAL” in Figs. 1 & 6) like that of boot 5 of Okazaki.
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.
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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.
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/Greg Binda/Primary Examiner, Art Unit 3679