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 .
Election/Restrictions
Applicant's election with traverse of Species 1, Group 1 of Figure 5 and claims 1-4, 8-12, 14, 17-18 in the reply filed on 05/27/2025 is acknowledged. The traversal is on the ground(s) that the prior art does not read on the independent claims. This is not found persuasive because as noted by the rejections below, the prior art indeed reads on the independent claims and thus would provide for a lack of unity under an a posteriori analysis.
In addition, it is important to note that there are a few elected dependent claims that require further withdrawal from consideration as they are either not related to the embodiment of Figure 5 or they depend upon withdrawn claims. These claims that require further withdrawal are: claims 4, 8, 14, 17-20.
Thus, the claims that are being considered are: Claims 1-3, and 9-12.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-3, 11, 12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by DE 451824, hereafter DE ‘824.
Regarding claim 1, DE ‘824 discloses a method for manufacturing a transmission device, the transmission device comprising a casing (seen in figure) comprising at least a first part (the left side of the housing) and a second part (the right side of the housing) attached to one another (given BRI they would be attached either by virtue of fasteners or by being one piece) and defining an inner space (seen in figure), the first part and the second part comprising a first housing (left side housing part) and a second housing (right side housing part), respectively, the first and second housings comprising a first and a second outer bearing surface (surface that would contact outer bearing ring of bearing a), respectively, the first part having an opening (left side opening for bearing) which opens into the first housing and the second part of the casing being equipped with an axial bearing surface bordering the second outer bearing surface (seen in right side of the figure for bearing b); the transmission device further comprising a rotary part (shaft w) comprising a first and second inner bearing surface (surfaces engaged with bearings a and b); the first and second inner bearing surfaces of the rotary part being fitted into a first bearing (bearing a) and a second bearing (bearing b), respectively, the first bearing being mounted in the first housing and the second bearing being mounted in the second housing such that the first bearing is mounted radially between the first inner bearing surface and the first outer bearing surface and the second bearing is mounted radially between the second inner bearing surface and the second outer bearing surface (this relationship is clearly seen in figure); the first bearing and the second bearing being blocked axially with respect to said rotary part (lip on shaft seen to block axial movement of bearings a and b) respectively in at least a first direction and a second direction opposite to said first direction; the method comprising the following successive steps: axially moving a preloading element (d and c, etc) in the first housing until it bears axially against the first bearing in the first direction; applying a force to the preloading element so as to continue the axial movement of the preloading element with respect to the first part of the casing in the first direction until the applied force reaches a set value and the preloading element reaches a preloading position corresponding to said set value and in which a predetermined axial preloading force is applied by the preloading element and the axial bearing surface of the casing to the first bearing and the second bearing, respectively; and attaching the preloading element to the casing in said preloading position (the machine translation provides evidence that reads on these steps as it describes how bearing a is loosely mounted to the shaft w and then the preload element is then mounted into the opening to thereby be pressed or loaded against the bearing a so as to preload this bearing, the preload being adjusted by virtue of the lever c and the weight attached thereto. This arrangement serving to attach or join or connect the preload element d to the opening and also provide an adjustable preloading arrangement; the written description goes further to describe that alternate arrangements for the preloading could be provided).
Regarding claim 2, DE ‘824 discloses the manufacturing method as claimed in claim 1, wherein the preloading element is a cover (d reads on a cover) and wherein the cover is inserted into the opening so as to bear against the first bearing and close said opening (seen in figure); and wherein the force applied to the preloading element is directed to compress the first bearing, the rotary part and the second bearing between the cover and the axial bearing surface of the second part of the casing (also evident from the figure).
Regarding claim 3, DE ‘824 discloses the manufacturing method as claimed in wherein the cover is sealingly attached to the first part of the casing in the preloading position (absent any particular structure or method in which the cover is to sealingly attach, the prior art cover d being in an interference fit as noted in the figure would read on a sealingly attached; furthermore the concept of sealingly attaching elements is very old and well known in the mechanical arts).
Regarding claim 11, DE ‘824 discloses (see annotations provided for rejection of claim 1 above) a transmission device comprising: a casing comprising at least a first part and a second part attached to each other and defining an inner space, the first part and the second part comprising a first housing and a second housing, respectively, the first and second housings comprising a first and a second outer bearing surface, respectively, the first part having an opening which opens into the first housing and the second part of the casing being equipped with an axial bearing surface bordering the second outer bearing surface; rotary part comprising first and second inner bearing surfaces respectively fitted into a first bearing and a second bearing, the first bearing being housed in the first housing and the second bearing being housed in the second housing such that the first bearing is mounted radially between the first inner bearing surface and the first outer bearing surface and the second bearing is mounted radially between the second inner bearing surface and the second outer bearing surface; the first bearing and the second bearing being blocked axially with respect to said rotary part respectively in at least a first direction and a second direction opposite to said first direction; a preloading element configured to be able to be attached to the first part of the casing, in the first housing, in a plurality of preloading positions (the plurality of positions are controlled by the adjustment of the lever and weight c) in which the preloading element exerts an axial preload on the first bearing in the first direction and the axial bearing surface of the second housing exerts an axial preload on the second bearing in the second direction; each preloading position corresponding to a different axial preloading value (depending on the position of the lever c and the weight attached thereto, there would be different preloading values).
Regarding claim 12, DE 824 discloses the transmission device as claimed in claim 11, wherein the preloading element is a cover which is inserted into the opening so as to close said opening (d reads on a cover).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 451824 in view of Sherman (USP 5295413).
Regarding claim 10, DE ‘824 is silent to the the manufacturing method as claimed in claim l comprising a step of machining the first and second outer bearing surfaces, said machining step involving connecting the first part and the second part of the casing and then inserting a machining tool into the inner space through the opening of the first part and machining the first and second outer bearing surfaces with said machining tool.
Firstly, it is well known that the machining of bearings is very common in any mechanism involving bearings. Sherman, for example, teaches the concept of parallel machining which involves machining first and second bearing surfaces by inserting a machining tool via a first opening (col.1, lines 58-63 and col.6, lines 57-62 describe how this method is performed).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have employed the known technique or method as taught by Sherman within the mechanism disclosed by DE ‘824 in order to provide an uncomplicated and simplified method of machining both bearing surfaces via a single opening.
Response to Arguments
Applicant's arguments filed 09/17/2025 have been fully considered but they are not persuasive.
Applicant’s argue that the prior art fails to disclose the step of “attaching the preloaded element to the casing in said preloaded position”. Furthermore, it appears that Applicant’s position relies on a very narrow reading of what the word “attaching” means. However, as noted in the office action, the prior art reads on this step of attaching because the cap is joined or connected to the housing and at the very least is frictionally engaged via the interference fit shown in the figures. It is further noted that the term “attaching” is being given its broadest and most reasonable interpretation to simply mean connected to. Neither Applicant’s specification, nor the claims further qualify what the term means or precisely how the cap is to be attached. Therefore, the prior art indeed reads on the language and also as noted in the office action, even if Applicant were to further qualify the form of attachment, this is a very well known concept in the art and as evidenced by the amount of other pertinent art cited, there are numerous references that disclose varying forms of attachment of caps to housings/bearing arrangements.
Thus, the claims as currently presented do not appear to overcome the prior art rejections. And the concept of attaching the cap does not appear to be a novel aspect of the invention based on the evidence in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. There are numerous relevant prior art which could readily serve as other base references and/or other teaching references depending on the scope of the claims. As an example, if the claims were to specify fasteners or the method in which the housings are attached to one another, simple teachings could be provided such as Day (USP 2054782). Furthermore, references such as CN 102996653 A shows an example of preloading cover element, similarly USP 3285630, USP 6971802.
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 THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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/THOMAS C DIAZ/Primary Examiner, Art Unit 3617