DETAILED 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 .
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 1-5 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the joint" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hitachi (JP 2019 002419) in view of Toyota (JP H04 298647).
Regarding claim 1, HITACHI discloses a traveling device (11) for wheeled vehicle (1) that comprises: a cylindrical spindle (14) that is disposed on a vehicle body (2) in a wheeled vehicle (1) and rotatably supports a wheel attaching cylinder (18) to which a wheel (4) is attached; an electric motor (16) attached to the spindle (14); a motor shaft (17) that projects from the electric motor (16) to output rotation of the electric motor (16); a rotation shaft (42) that is disposed in such a manner as to axially extend on an inner peripheral side of the spindle (14) and to which rotation of the motor shaft (17) is transmitted; a gear reduction mechanism (27) that decelerates the rotation of the rotation shaft (42) and transmits the decelerated rotation to the wheel attaching cylinder (18); a lubricating oil circulation circuit (50, 51, 52) for supplying lubricating oil to the gear reduction mechanism ("The lubricant oil 100 delivered from the lubricant oil pump 50 is cooled by the oil cooler 52, which is thereafter supplied through the supply pipe 51 into the cylindrical protrusion part 41 A of the carrier 41 to lubricate the reduction gear mechanism 27" in [0054]); and a coupling (spline 53) for the joint between the motor shaft (17) and the rotation shaft (42, see figure 4), wherein: a coupling section lubricating circuit (57, 60 in figure 4) for supplying, a part of the lubricating oil produced by split-flowing the lubricating oil to be supplied to the gear reduction mechanism from the lubricating oil circulation circuit (as shown in figure 3), through the inside of the coupling ([0064]) to a coupling section (space 55 in figure 4) between the motor shaft (17) and the coupling (53) [as best understood in view of indefiniteness noted above].
Applicant may argue that HITACHI does not disclose a coupling for the joint between the motor shaft and the rotation shaft, where the coupling section lubricating circuit supplies oil through the inside of the coupling to a coupling section between the motor shaft and the coupling.
However, at least TOYOTA discloses a coupling (3) for the joint between the motor shaft (1) and the rotation shaft (2), and the coupling section lubricating circuit (8, Sa, 9) for supplies oil (see arrow) through the inside of the coupling (opening 9) to a coupling section (3b) between the motor shaft (2) and the coupling (3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the coupling structure of TOYOTA with the arrangement of HITACHI to improve oil temperature thereby reducing oil deterioration.
Regarding claim 2, TOYOTA discloses wherein: the motor shaft is provided with a motor shaft spline part disposed on the outer periphery; the rotation shaft is provided with a rotation shaft spline part disposed on the outer periphery; the coupling is provided with a motor shaft-side hole spline part that is located on an axial one side to be spline-coupled to the motor shaft spline part and a rotation shaft-side hole spline part that is located on an axial other side to be spline-coupled to the rotation shaft spline part; and the coupling section lubricating circuit is provided with a lubricating oil passage that is located on an axial intermediate part of the coupling and supplies the lubricating oil to the motor shaft-side hole spline part and the rotation shaft-side hole spline part from the outer periphery of the coupling (fig 2; lubricating oil is supplied to spline joint parts 3b through an oil hole 9 as a lubricating oil passage which is formed in coupling 3).
Regarding claim 3, TOYOTA discloses further comprising: a cylindrical coupling housing disposed in the electric motor, the cylindrical coupling housing being provided with a fitting section formed to be slidably fitted on an outer peripheral surface of the coupling, wherein the coupling section lubricating circuit is provided with: a supply oil passage that is disposed in the coupling housing and has one end connected to the lubricating oil circulation circuit and the other end communicated with the lubricating oil passage of the coupling; and a discharge oil passage for discharging the lubricating oil supplied through the supply oil passage to the motor shaft-side hole spline part and the rotation shaft-side hole spline part to an exterior of the coupling housing (fig 2; cover 12 as a coupling housing includes an oil hole 13 as a supply oil path and an increased diameter-side end part of an inner wall 12a which has a discharge oil path function).
Allowable Subject Matter
Claims 4-5 would be allowable if rewritten 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 to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art when taken alone or in combination does not appear to teach or fairly suggest at this time The traveling device for wheeled vehicle according to claim 2, further comprising: a positioning member removably disposed in a projection end of the motor shaft, the positioning member positioning the coupling relative to the motor shaft, wherein the positioning member is provided with: a fitting section for positioning the coupling in a radial direction of the motor shaft by being fitted in a tooth tip circle of the motor shaft-side hole spline part; and an oil passage part as the coupling section lubricating circuit leading the lubricating oil supplied to the lubricating oil passage to the motor shaft-side hole spline part and the rotation shaft-side hole spline part.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/ Primary Examiner, Art Unit 3613
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