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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on Nov. 28, 2025 has been entered.
Election/Restrictions
Applicant’s election without traverse of Group II, claims 3 and 8 in the reply filed on Feb. 9, 2026 is acknowledged.
Claims 1, 2, 4-7 and 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on Fe. 9, 2026.
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 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Barnholt et al. (US 6,364,803) in view of Hormann (EP 3115235).
Regarding claim 3, Barnholt discloses and shows a gear mechanism at Fig. 3, comprising:
a first gear 24 accommodated in a gearbox 12 and rotatably supported around a first axis line;
a second gear 40 accommodated in the gearbox and meshed with the first gear, the second gear rotatably supported around a second axis line extending along a flat surface crossing the first axis line and having a smaller conical angle than the first gear;
a holder 14 which is attached to the gearbox, which is removable in a direction along the second axis line, and which supports the second gear in a rotatable manner with a bearing 42; and
a second gear shim 72 which is placed at a position between the holder and the gearbox and which can adjust a position of the second gear in the direction along the second axis line
(col 1:64-65), wherein
the second gear shim comprises a through hole in which the holder is located in a state where the holder penetrates the second gear shim (col. 4:15-23).
Barnholt does not show a cross section of the shim nor describes a path as claimed.
Hormann teaches a mechanism which includes a shim (Fig. 1, item 11) for axle adjustment, the shim having a through hole and a path which extends from an outer circumference edge of the shim to the through hole, wherein the path allows a shaft to pass in a direction crossing an axis line of the piston between an outside of the shim and an inside of the through hole, and wherein the path has a constant width which is equal to the diameter of the through hole. Such features allow easy installation of the shim late in the installation process. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a path to the second gear shim so as to allow installation of the shim at any time deemed necessary and for proper meshing of the gears.
Regarding claim 8, Barnholt discloses and shows a position adjusting method for adjusting a position of a second gear along a second axis line relative to a first gear, the first gear being rotatable about a first axis line, and the second gear being supported by a holder so that the second gear can rotate about the second axis line which extends along a flat surface crossing the first axis line, the method comprising:
inserting a second gear shim, between a gearbox and the holder without releasing engagement of the first gear and the second gear;
wherein the second gear is attached to the gearbox via the holder, and the holder is movable in a direction along the second axis line; and
wherein the second gear shim comprises a through hole in which the holder is located in a state where the holder penetrates the second gear shim.
Barnholt does not show a cross section of the shim nor describes a path as claimed.
Hormann teaches a mechanism which includes a shim (Fig. 1, item 11) being inserted in a direction crossing the second axis line, the shim also having a path which extends from an outer circumference edge of the second gear shim to the through hole. Such features allow easy installation of the shim late in the installation process. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a path to the second gear shim so as to allow installation of the shim at any time deemed necessary and for proper meshing of the gears.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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