DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the first Office Action on the merits for application no. 18/692,262 filed on March 14th, 2024. Claims 32-64 are pending.
Applicant's election without traverse of invention I in the reply filed on June 15th, 2026 is acknowledged. Claims 50-61 and 63-64 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Priority
Examiner acknowledges the Applicant’s claim to priority of application EP 21197578.4 filed on September 18th, 2021. A certified copy was received on March 14th, 2024.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on June 10th, 2026; May 1st, 2026; January 30th, 2026; January 29th, 2026; August 24th, 2024 and May 21st, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements were considered by the Examiner.
Claim Objections
Regarding Claim 32 (line 14), please change the recitation of “wherein the inner gear ring is arranged in an inside of the transmitter ring” to - - wherein the inner gear ring is arranged in [[an]] the inside of the transmitter ring - - as antecedent basis has already been established in claim 32 (line 7).
Regarding Claim 36, please change the recitation of “providing the transmitter in an elliptic shape” to - - providing the transmitter ring in an elliptic shape - - as this feature is previously referred to in claim 32 (line 2).
Regarding Claim 46 (lines 1-2), please change the recitation of “wherein the harmonic ping ring drive” to - - wherein the harmonic [[ping]] pin ring drive - - as this feature is previously referred to in claim 32.
Regarding Claim 47, please change the recitation of “wherein a quantity of teeth of the inner gear ring toothing, the first transmitter ring toothing, and the second transmitter ring toothing” to - - wherein [[a]] the quantity of teeth of the inner gear ring toothing, the first transmitter ring toothing, and the second transmitter ring toothing - - to correct minor informalities regarding antecedent basis.
Regarding Claim 49, please change the recitation of “wherein the first outer gear ring toothing” to - - wherein the [[first]] outer gear ring toothing - - as this feature is previously referred to in claim 32 (line 16).
Regarding Claim 62, please change the recitation of “An electrically assisted bicycle comprising a harmonic pin-ring drive according to claim 32” to - - An electrically assisted bicycle comprising [[a]] the harmonic pin-ring drive according to claim 32 - - as antecedent basis has already been established in claim 32.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 32-49 and 62 are 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 pre-AIA the applicant regards as the invention.
Regarding Claim 32 (lines 8-10), in the recitation of “wherein the first transmitter ring toothing is arranged on a direct opposite side of the second transmitter ring toothing of the transmitter ring” the difference between the “inside” recited in claim 32 (line 7) and the “direct opposite side” recited in claim 32 (line 9) is unclear. The lack of clarity renders the claim indefinite. Applicant could recite “wherein the first transmitter ring toothing is arranged on a direct opposite side of the second transmitter ring toothing of the transmitter ring, wherein the direct opposite side is the inside of the transmitter ring” to clarify the recitation and Examiner will interpret the recitation as such during examination. See MPEP 2173.05(o) – Double Inclusion.
Regarding Claim 38, the recitation of “circular ring-like cross section” leads to confusion over the intended scope of claim 38. It is generally unclear if Applicant intended to recite that the transmitter ring is circular or a shape similar to a circle. It’s also unclear how the transmitter ring can be both circular and eccentric as defined in claim 32 (lines 5-6) The lack of clarity renders the claim indefinite. Applicant could cancel claim 38 to clarify the invention. See MPEP 2173.05(d) - Exemplary Claim Language ("for example," "such as").
Claims 33-49 and 62 are rejected based upon their dependency to a rejected base claim.
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 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 32-38, 40, 43-46 and 49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fickelscher (US 4,969,376).
Regarding Claim 32, Fickelscher teaches a harmonic pin ring drive (Figs. 1-2), comprising:
a transmitter ring (“planetary wheel” 12);
an inner gear ring (“sun wheel” 6); and
an outer gear ring (“hollow wheel” 1);
wherein the transmitter ring (12) is arranged eccentrically (see Fig. 4) in relation to the inner gear ring (6) and comprises:
a first transmitter ring toothing (“internal teeth” 14) on an inside; and
a second transmitter ring toothing (“external teeth” 16) on an outside,
wherein the first transmitter ring toothing (14) is arranged on a direct opposite side of the second transmitter ring toothing (16) of the transmitter ring (12);
wherein the inner gear ring (6) comprises an inner gear ring toothing (“external teeth” 8) arranged on an outside of the inner gear ring (6), which partially interlocks with the first transmitter ring toothing (14);
wherein the inner gear ring (6) is arranged in an inside of the transmitter ring (12), and the transmitter ring (12) is arranged in an inside of the outer gear ring (1);
wherein the outer gear ring (1) comprises an outer gear ring toothing (“internal teeth” 2) on the inside of the outer gear ring (1);
wherein the outer gear ring toothing (2) is adapted to partially interlock with the second transmitter ring toothing (16); and
wherein a difference between a quantity of teeth of the outer gear ring toothing (2) and a quantity of teeth of the inner gear ring toothing (8) is one or two teeth (col. 7, lines 32-37 – “a drive with a reduction ratio i=1:30. Only individual teeth and tooth gaps in especially important positions are illustrated. The hollow wheel 1 contains 60 teeth, the planetary wheel 12 contains 58 teeth, the sun wheel 6 contains 58 teeth, so that the reduction ratio is i=1:30”).
Regarding Claim 33, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the transmitter ring (Figs. 1-2, 12) is a double toothed ring (16, 14).
Regarding Claim 34, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the first transmitter ring toothing (Fig. 2, 14) comprises a quantity of teeth which is equal to the quantity of teeth of the second transmitter ring toothing (16; see Fig. 2; see col. 7, lines 32-37 passage above).
Regarding Claim 35, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the transmitter ring (Fig. 4, 12) has an elliptic cross section (see Fig. 4).
Regarding Claim 36, Fickelscher teaches the harmonic pin ring drive according to claim 35,
further comprising a shaft (Fig. 21, “drive cam” 18) having an elliptic shape for providing the transmitter (12) in an elliptic shape (see Fig. 21).
Regarding Claim 37, Fickelscher teaches the harmonic pin ring drive according to claim 32,
further comprising a shaft (Fig. 21, shaft portion of 18) having an eccentric (18) for lifting the transmitter ring (12) from the inner gear ring (6) to the outer gear ring (1).
Regarding Claim 38, Fickelscher teaches the harmonic pin ring drive according to claim 37,
wherein the transmitter ring (Figs. 1-2 and 21, 12) has a circular ring-like cross section (see at least Figs. 1-2 and 21; see 112(b) rejection above).
Regarding Claim 40, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the inner gear ring toothing (Figs. 1-2, 8) and the first transmitter ring toothing (14) have the shape of a compressed sine wave (see at least Figs. 2 and 4).
Regarding Claim 43, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the inner gear ring toothing (Figs. 1-2 and 4, 8) and the first transmitter ring toothing (14) are embodied as a cycloidal toothing (see Figs. 1-2; cycloidal gearsets have cycloidal gear teeth); and/or
wherein the outer gear ring toothing (2) and the second transmitter ring toothing (16) are embodied as a cycloidal toothing (see Figs. 1-2 and 4; cycloidal gearsets have cycloidal gear teeth).
Regarding Claim 44, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the inner gear ring toothing (Figs. 1-2 and 4, 8) and the first transmitter ring toothing (14) are embodied as an involute toothing (see at least Figs. 2 and 4); and/or
wherein the outer gear ring toothing (2) and the second transmitter ring toothing (16) are embodied as an involute toothing (see at least Figs. 2 and 4).
Regarding Claim 45, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein a first transmitter ring surface of the transmitter ring (Fig. 21, inner circumferential surface of 12) is mounted to a transmitter bearing (see Fig. 21),
wherein the transmitter bearing is mounted to a shaft (18),
wherein the shaft (18) is rotating eccentrically and/or has an eccentric (18).
Regarding Claim 46, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the harmonic ping ring drive (see Fig. 1) comprises:
a first plane (intersecting 6, 12 and 1), which is arranged perpendicular to an axis of rotation of the inner gear ring (6), the transmitter ring (12), and the outer gear ring (1);
wherein on the first plane the inner gear ring (6), the transmitter ring (12), and the outer gear ring (1) are arranged; and
a second plane (only intersecting 12 and 1), which is arranged parallel to the first plane (intersecting 6, 12 and 1),
wherein on the second plane the transmitter ring (12) and the outer gear ring (1) are arranged.
Regarding Claim 49, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein the first outer gear ring toothing (Fig. 21, 1) is static (via “housing cover” 115 and “motor housing” 108).
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.
Claims 47-48 are rejected under 35 U.S.C. 103 as being unpatentable over Fickelscher (US 4,969,376), in view of Kennington (US 4,194,415).
Regarding Claim 47, Fickelscher teaches the harmonic pin ring drive according to claim 32,
wherein a quantity of teeth of the inner gear ring toothing (Fig. 1, 8), the first transmitter ring toothing (14), and the second transmitter ring toothing (16) are each equal (col. 9, line 66 – “By exchanging the hollow wheel 1 or the spur wheel 6, which then has same number of teeth as the planetary wheel 12, the reduction can be changed, for example from i=1:30 to i=1:15”).
Fickelscher does not teach “wherein a quantity of teeth of the inner gear ring toothing, the first transmitter ring toothing, and the second transmitter ring toothing are each equal to 36”.
Kennington teaches “Any two of the four basic elements can provide the input and the output of the device, and any desired ratio between input and output rotation speeds, in single or multiple-stage arrangements, can be obtained, by suitably choosing the numbers of meshing elements and complementary portions on the wheel means” (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the number of gear teeth taught by Fickelscher as suggested by Kennington, such that “wherein a quantity of teeth of the inner gear ring toothing, the first transmitter ring toothing, and the second transmitter ring toothing are each equal to 36”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in doing so, and have the obvious advantage of expanding the marketability of the harmonic pin ring drive taught by Fickelscher by providing different gear ratios suitable for different applications. In this case, discovering the optimum number of gear teeth taught by Fickelscher would have been obvious to try as there are a finite number of possible gear teeth combinations suitable for harmonic pin ring drives. See MPEP 2144.05(II)(A) – “Optimization within Prior Art Conditions or Through Routine Experimentation”.
Regarding Claim 48, Fickelscher teaches the harmonic pin ring drive according to claim 32.
Fickelscher does not teach “wherein a gear ratio of the inner gear ring and the transmitter ring is equal to exactly 1:36”.
Kennington teaches “Any two of the four basic elements can provide the input and the output of the device, and any desired ratio between input and output rotation speeds, in single or multiple-stage arrangements, can be obtained, by suitably choosing the numbers of meshing elements and complementary portions on the wheel means” (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the number of gear teeth taught by Fickelscher as suggested by Kennington, such that “wherein a gear ratio of the inner gear ring and the transmitter ring is equal to exactly 1:36”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in doing so, and have the obvious advantage of expanding the marketability of the harmonic pin ring drive taught by Fickelscher by providing different gear ratios suitable for different applications. In this case, discovering the optimum number of gear teeth taught by Fickelscher would have been obvious to try as there are a finite number of possible gear teeth combinations suitable for harmonic pin ring drives. See MPEP 2144.05(II)(A) – “Optimization within Prior Art Conditions or Through Routine Experimentation”.
Claim 62 is rejected under 35 U.S.C. 103 as being unpatentable over Fickelscher (US 4,969,376), in view of Hoebel (US 9,140,342).
Fickelscher teaches the harmonic pin-ring drive according to claim 32.
Fickelscher does not teach “an electrically assisted bicycle”.
Hoebel teaches an electrically assisted bicycle (see Fig. 55) comprising a harmonic chain drive (col. 30, line 16 – “FIG. 55 shows an embodiment of a two-chain harmonic chain drive 470 for an electric bicycle”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the harmonic pin ring drive taught by Fickelscher with the electrically assisted bicycle taught by Hoebel, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of expanding the marketability of the harmonic pin ring drive taught by Fickelscher by providing it in the electrically assisted bicycle taught by Hoebel.
Allowable Subject Matter
Claims 39 and 41-42 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office Action and rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Saito (US 11,162,574) and Greisser (DE 41 11 661) listed in the attached "Notice of References Cited" disclose similar harmonic pin ring drives comprising transmitter rings related to various aspects of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655
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