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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the gearbox differential, the undercarriage, pair of axles and the protective cover adapted to house the gearbox differential, undercarriage between the pair of axles, in claim 8, must be shown or the feature(s) canceled from the claim(s).
Additionally, the tube sleeve adapted to assembly on the gearbox differential, in claim 9, must be shown or the features(s) cancelled from the claim(s). No new matter should be entered.
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.
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 8-14 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.
Claims 8-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements and essential structural cooperative relationships of elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are the pair of axles, gearbox differential, undercarriage and the protective cover; wherein the protective cover (14) is disclosed as connected to a yoke (11) having a male end at a mounting area to a slip yoke (16) having the female end receiving the male end of the yoke (11).
The dependent claims are likewise rejected.
Claim 11 recites the limitation "the undercarriage arrangement” in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Rekow, U.S. 3,543,536 in view of Van Ranst, U.S. 2,027,329.
Regarding claim 8, as best understood by the Examiner, Rekow discloses a rear cardan shaft assembly (fig 1, the oil-filled telescoping drive line; col. 1, lines 11-16 and col. 2, lines 11-21) for a power shaft (24) to a driven shaft (30) for farm equipment (col. 2, line 68 – col. 3, line 1) and agricultural implements, the rear cardan shaft (fig 1) having a single yoke shaft (universal joint 20 of power shaft 24, col. 2, lines 1-4) having a plurality of mounting diameters (fig 1, diameters at seals 54 and 56; col. 2, lines 32-37) of different dimensions; and a protective cover (telescoping shields 12 and 16; col. 1, lines 67-72) assembled on the plurality of mounting diameters of different dimensions and the protective cover (212, 16) adapted to house the pair of axles (24, 26 and 30, 34; col. 2, lines 5-15) and the single yoke shaft (u-joint 20, power shaft 24) allowing the rear cardan shaft to slide axially (col. 1, lines 11-16).
Rekow does not disclose the protective cover adapted to house both a gearbox-differential and the undercarriage between the pair of axles.
Van Ranst teaches use of a telescoping drive shaft (fig 2, shaft 40; p.1, rt. col., lines 47-53) having associated universal joints (universal joint member 27, p1, rt. col, lines 15-25 and yoke 44 of universal joint 42; p1, rt. col., line 54 – p. 2, left col., line 12) having a protective cover (fig 2, housings 54, 58, 67; p. 2, rt. col., lines 3-18) to house both a gearbox-differential (differential housing 16; p. 2, rt. col., lines 14-18) and an undercarriage (vehicle frame 10; p. 1, rt. col., lines 1-4) between the pair of axles (the pair of telescoping axles between universal joints 27 and 44) to enable the torque applied to the differential housing to be resisted principally by the vehicle springs wherein the drive systems of the type being commonly referred to as the Hotchkiss type of drive (p. 1, left col., lines 9-17).
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the protective cover or housing disclosed by Rekow to house the differential, undercarriage and axle pairs in a vehicle drivetrain to protect the driveline from potential road or terrain debris during vehicle use.
As to claim 9, Van Ranst teaches use of a tube sleeve (fig 2, housing section 67) adapted for assembly on the gearbox-differential (16) to be slidable in an axial direction with the rear cardan shaft (shaft 40) assembly.
As to claim 12, Rekow discloses a slip yoke (female yoke shaft 20, 24) on said single yoke shaft (hollow section 26) and adapted to provide the rear cardan shaft assembly with freedom of motion in the axial direction (axial telescoping direction).
As to claim 13, Rekow discloses the slip yoke (20, ,24, 26) and protective cover (12, 16) are configured to protect the single yoke shaft from external environmental effects (col. 1, lines 27-30; effects of an injured operator).
As to claim 14, Rekow discloses a plug (fig 2, plug 46; col. 2, lines 17-20) and an oil cup (cylindrically end of washer member 44; col. 2, lines 15-17) having holes (openings 48’; col. 2, lines 17-20) therein, wherein the slip yoke (20, 24, 26) and plug (46) allow a vacuum generated during the axial movement of the single yoke shaft to be discharged (col. 2, lines 59-67) through the holes of the oil cap.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground(s) 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KENNETH L THOMPSON whose telephone number is (571)272-7037. The examiner can normally be reached Weekdays; 9:00-5:00, est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at 571-270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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12 May 2026
/KENNETH L THOMPSON/ Primary Examiner, Art Unit 3676
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