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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 16, 24, and 32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12, 13, and 16 of U.S. Patent No. 12102022, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because it is obvious that:
the narrower apparatus claim 12 of U.S. Patent No. 12102022 covers the broader apparatus claim 16 of the instant application, wherein “A rear-tine tiller”, “a rotatable wheel shaft”, “a first bevel gear cluster”, “a second bevel gear cluster”, and “a first slider gear” in claim 12 of U.S. Patent No. 12102022 covers “A machine”, “a shaft”, “a first gear”, “a second gear”, and “a third gear”, respectively in claim 16 of the instant application.
the narrower apparatus claim 13 of U.S. Patent No. 12102022 covers the broader apparatus claim 24 of the instant application, wherein “A rear-tine tiller”, “a rotatable wheel shaft”, “a first bevel gear cluster”, “a second bevel gear cluster”, “a wheel drive gear”, and “a second slider gear” in claim 13 of U.S. Patent No. 12102022 covers “A machine”, “a shaft”, “a first gear”, “a second gear”, “a third gear”, and “a fourth gear”, respectively in claim 24 of the instant application.
the narrower apparatus claim 16 of U.S. Patent No. 12102022 covers the broader apparatus claim 32 of the instant application, wherein “a first bevel gear”, “a second bevel gear”, “a first spur gear”, “a second spur gear”, and “a third spur gear” in claim 16 of U.S. Patent No. 12102022 covers “a first gear”, “a second gear”, “a third gear”, “a fifth gear”, and “a fourth gear”, respectively in claim 32 of the instant application.
Claims 17-19, 21-23, 25-31, and 33-36 are rejected under the nonstatutory double patenting rejection because of their dependencies on rejected independent claims 16, 24, and 32.
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 (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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16, 19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blanchard et al. (FR 2880665 A1).
It is noted that all citations to Blanchard et al. (FR 2880665 A1) are in reference to the corresponding English-translated document attached by the Examiner under NPL documents.
Regarding independent claim 16, Blanchard discloses a machine (“a rotary tiller”, Fig. 1, para. [0007]) comprising:
a first gear (10), wherein the first gear is rotatable about a shaft (3) (para. [0008] “The direction of rotation of shaft 3 corresponds to forward direction when selector 9 is engaged with dog clutch input pinion 10);
a second gear (8), wherein the second gear is rotatable about the shaft, and wherein the second gear is counter-rotatable relative to the first gear (Figs. 3-5, para. [0008] “ To enable reverse operation of the machine, simply move selector 9 axially and bring it into contact with the dog clutch output pinion 8…so that it is driven in rotation in the opposite direction to that of the input dog-clutch gear 10”);
a wheel (1, Fig. 1), wherein the wheel is coaxial with the shaft (3) (note driving wheel 1 meets the BRI of “ a wheel”); and
a third gear (9) movable between a first position in which the third gear is engaged with the first gear, and a second position in which the third gear is engaged with the second gear (para. [0008] “selector flange 9 is provided, on each of its faces, with teeth 21 intended to fit between the teeth opposite the dog clutch input pinion 10, or respectively the dog clutch output pinion 8 during an axial movement of the selector 9”).
Regarding claim 19, Blanchard discloses the machine of claim 16,wherein the shaft (3) is a first shaft, the machine further comprises a second shaft (15) and wherein:
when the third gear (9) is in the first position, the first gear (10) operatively connects a source of rotational force (19) to the second shaft (15) (para. [0008] “In the case of forward operation, the selector 9 is moved axially to engage with this input pinion 10 and thus directly transmit the movement of the pinion 10 to the shaft 3…to the tool-carrying shaft 15”), and
when the third gear is in the second position, the second gear (8) operatively connects the source of rotational force to the second shaft (15) (para. [0008] “To enable reverse operation of the machine, simply move selector 9 axially and bring it into contact with the dog clutch output pinion 8…so that it is driven in rotation in the opposite direction to that of the input dog-clutch gear 10”).
Regarding claim 21, Blanchard discloses the machine of claim 16, further comprising a shift fork (4) positioned to move the third gear (9) between the first position and the second position (Figs. 3-4, para. [0008] “The movement of the selector [9] along shaft 3 towards one or the other of the dog clutch gears [8, 10] is achieved by means of the fork shown in 4 in the figures”).
Claims 16, 18, 24-26, 28, 32-33, and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (KR 101522497 B1).
It is noted that all citations to Kim et al. (KR 101522497 B1) are in reference to the corresponding English-translated document attached by the Examiner under NPL documents.
Regarding independent claim 16, Kim discloses a machine (“tractor”) comprising:
a first gear (87) and a second gear (89) each rotatable about a shaft (85) (page 8 “The forward-rearward output shaft 85 is provided with…a forward driven gear 87 and a reverse driven gear 89”),
wherein the second gear is counter-rotatable relative to the first gear (page 8 “The reverse driven gear 89 rotates in a direction opposite to the rotation direction of the forward driven gear 87”);
a wheel, wherein the wheel is coaxial with the shaft (Fig. 1, page 9 “After the forward or reverse operation is selected, power is transmitted to the main clutch 93 and transmitted to the wheel”); and
a third gear (91) movable between a first position in which the third gear is engaged with the first gear, and a second position in which the third gear is engaged with the second gear (page 9 “selects the forward driven gear 87 or the reverse driven gear 89 for forward or backward movement of the transmission mechanism 91…and transmits the selected power to the…output shaft 85“).
Regarding claim 18, Kim discloses the machine of claim 16, further comprising:
a fourth gear (61) connected to the shaft (85) (note all components in the transmission system are “connected” to each other directly or indirectly); and
a fifth gear (69, “speed shift synchromesh transmission gear” page 3) movable between:
a first position in which the fifth gear engages the fourth gear (i.e. when transmission gear 69 is engaged w/ driven gear 61), and
a second position in which the fifth gear is disengaged from the fourth gear (i.e. when transmission gear 69 is disengaged from driven gear 61 and instead engaged w/ driven gear 59) (see page 8 “the second speed-change driven gear 59 or the fourth speed-change driven gear 61 is selected through the selective shifting operation of the second-speed shift synchronous transmission mechanism 69”).
Regarding independent claim 24, Kim discloses a machine (“tractor”) comprising:
a shaft (85);
a first gear (87), wherein the first gear is rotatable about the shaft;
a second gear (89), wherein the second gear is rotatable about the shaft, and wherein the second gear is counter-rotatable relative to the first gear (Fig. 1, page 8 “The reverse driven gear 89 rotates in a direction opposite to the rotation direction of the forward driven gear 87”);
a third gear (61) connected to the shaft, wherein the shaft rotates when the third gear rotates (see page bottom of 8 – top of page 9, when speed-transmission gear 69 is engaged with driven gear 61, power is transmitted through clutch 79 to the transmission mechanism 91 to rotate output shaft 85 at the selected speed); and
a fourth gear (69, “speed shift synchromesh transmission gear” page 3) operatively connected to the first gear (note all components of the forward-backward and speed transmissions are operatively connected to each other, e.g. speed-transmission gear 69 rotates output shaft 85 at a selected speed in the forward direction when forward-backward transmission gear 91 is engaged with forward driven gear 87);
wherein the fourth gear is movable between:
a first position in which the fourth gear engages the third gear (i.e. when speed-transmission gear 69 is engaged with driven gear 61), and
a second position in which the fourth gear is disengaged from the third gear (i.e. when speed-transmission gear 69 is disengaged from driven gear 61 and instead engaged w/ driven gear 59) (see page 8 “the second speed-change driven gear 59 or the fourth speed-change driven gear 61 is selected through the selective shifting operation of the second-speed shift synchronous transmission mechanism 69”).
Regarding claim 25, Kim discloses the machine of claim 24, further comprising a fifth gear (91), wherein the fifth gear is movable between:
a first position in which the fifth gear is engaged with the first gear (87), and a second position in which the fifth gear is engaged with the second gear (89) (page 9 “selects the forward driven gear 87 or the reverse driven gear 89 for forward or backward movement of the transmission mechanism 91…and transmits the selected power to the…output shaft 85“).
Regarding claim 26, Kim discloses the machine of claim 25, wherein the shaft (85) is a first shaft, and wherein the machine further comprises:
a second shaft (73) operatively connected to the fifth gear (91) (page 8 clutch output shaft 73 rotates drive gears 81, 83 which rotate driven gears 87, 89 respectively, for selective coupling to forward-backward transmission gear 91); and
a source of rotational force (3) operatively connected to the first gear (87).
Regarding claim 28, Kim discloses the machine of claim 24, further comprising a wheel connected to the shaft (85), wherein rotation of the shaft causes rotation of the wheel (Fig. 1, page 9 “After the forward or reverse operation is selected, power is transmitted to the main clutch 93 and transmitted to the wheel”).
Regarding independent claim 32, Kim discloses a machine (“tractor”) comprising:
a first gear (87);
a second gear (89), wherein the second gear is coaxial with the first gear and counter-rotatable relative to the first gear (Fig. 1, page 8 “The reverse driven gear 89 rotates in a direction opposite to the rotation direction of the forward driven gear 87”);
a third gear (91), wherein the third gear is movable between a first position in which the third gear is engaged with the first gear, and a second position in which the third gear is engaged with the second gear (page 9 “selects the forward driven gear 87 or the reverse driven gear 89 for forward or backward movement of the transmission mechanism 91…and transmits the selected power to the…output shaft 85“);
a fourth gear (61) connected to a shaft (85); and
a fifth gear (69, “speed shift synchromesh transmission gear” page 3) operatively connected to the first gear (note all components of the forward-backward and speed transmissions are operatively connected to each other, e.g. when forward-backward transmission gear 91 is engaged with forward driven gear 87, speed-transmission gear 69 transmits rotational power through clutch 79 to the gear 91 at the selected speed in the forward direction), wherein the fifth gear is movable between:
a first position in which the fifth gear is engaged with the fourth gear (i.e. when transmission gear 69 is engaged w/ driven gear 61), and
a second position in which the fifth gear is disengaged from the fourth gear (i.e. when transmission gear 69 is disengaged from driven gear 61 and instead engaged w/ driven gear 59) (see page 8 “the second speed-change driven gear 59 or the fourth speed-change driven gear 61 is selected through the selective shifting operation of the second-speed shift synchronous transmission mechanism 69”).
Regarding claim 33, Kim discloses the machine of claim 32, further comprising a wheel connected to the shaft (85), wherein rotation of the shaft causes rotation of the wheel (Fig. 1, page 9 “After the forward or reverse operation is selected, power is transmitted to the main clutch 93 and transmitted to the wheel”).
Regarding claim 35, Kim discloses the machine of claim 32, further comprising an input shaft (5) connectable to a source of rotational force (3), wherein the input shaft is operatively connected to the first gear (87) (page 11, clutch output shaft 73 is rotatably coupled to the drive input shaft 5 to rotate forward drive gear 81 and thus forward driven gear 87).
Claims 24, 28-29, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (WO 2017183786 A1).
It is noted that all citations to Lee et al. (WO 2017183786 A1) are in reference to the corresponding English-translated document attached by the Examiner under NPL documents.
Regarding independent claim 24, Lee discloses a machine (“soil tiller”, Fig. 1) comprising:
a shaft (20);
a first gear (30), wherein the first gear is rotatable about the shaft (page 8 “bevel gear (30)…is rotatably coupled to one side of the output shaft (20)”);
a second gear (40), wherein the second gear is rotatable about the shaft (page 8 “other bevel gear (40)…is rotatably coupled to the other side of the output shaft (20)”), and wherein the second gear is counter-rotatable relative to the first gear (page 10 “one-sided bevel gear (30) and the other-sided bevel gear (40)…will rotate freely in the forward and reverse directions, respectively”);
a third gear (50) connected to the shaft, wherein the shaft rotates when the third gear rotates (page 10-11, slider gear 50 selectively drives output shaft 20 in a forward or reverse direction); and
a fourth gear (70) operatively connected to the first gear (Fig. 3, spline gear portion 70 of first bevel gear 30);
wherein the fourth gear is movable (i.e. relative to slider gear 50) between:
a first position (Fig. 4) in which the fourth gear engages the third gear (bottom of page 10 – top of page 11, gear 50 is engaged with spline gear portion 70 of bevel gear 30 as shown in Fig. 4), and
a second position (Fig. 5) in which the fourth gear is disengaged from the third gear (page 11, gear 50 is disengaged from spline gear portion 70 of bevel gear 30 and instead engaged with other spline gear portion of other bevel gear 40 as shown in Fig. 5).
Regarding claim 28, Lee discloses the machine of claim 24, further comprising a wheel (321) connected to the shaft (20) (Fig. 1), wherein rotation of the shaft causes rotation of the wheel (bottom of page 7 – top of page 8 output shaft 20 rotated the soil removal rotation shaft 32 and thus wheel-shaped flanges 32 in forward and reverse directions).
Regarding claim 29, Lee discloses the machine of claim 24, wherein the first gear (30) comprises bevel gear teeth (Fig. 2, bevel gear 30).
Regarding claim 31, Lee discloses the machine of claim 24, wherein the third gear (50) is mounted (via spline coupling 80) to the shaft (20) (page 10, Figs. 4-5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 21-22 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 16 above, and further in view of Blanchard et al. (FR 2880665 A1).
Regarding claims 21-22, Kim discloses the machine of claim 16, further comprising:
a first shift mechanism positioned to move the third gear (91) between the first position and the second position (implicit from page 9 “selects the forward driven gear 87 or the reverse driven gear 89 for forward or backward movement of the transmission mechanism 91…and transmits the selected power to the…output shaft 85“), as per claim 21, and wherein the machine further comprises:
a fourth gear (61) connected to the shaft (85);
a fifth gear (69, “speed shift synchromesh transmission gear” page 3) movable between:
a first position in which the fifth gear engages the fourth gear (i.e. when transmission gear 69 is engaged w/ driven gear 61), and
a second position in which the fifth gear is disengaged from the fourth gear (i.e. when transmission gear 69 is disengaged from driven gear 61 and instead engaged w/ driven gear 59); and
a second shift mechanism positioned to move the fifth gear between the first position and the second position (implicit from page 8 “the second speed-change driven gear 59 or the fourth speed-change driven gear 61 is selected through the selective shifting operation of the second-speed shift synchronous transmission mechanism 69”), as per claim 22.
Kim does not explicitly detail wherein the first and second shift mechanisms comprise shift forks.
Blanchard discloses a work machine as described above, wherein a shift fork is used for moving a selector gear (9) between a first engagement position with a first gear (10) and a second engagement position with a second gear (8) (see Blanchard Figs. 3-5, para. [0008] movement of the selector gear 9 along shaft 3 towards forward gear 10 or reverse gear 8 is achieved by means of shift fork 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize a shift fork as the shift mechanism of Kim, as taught by Blanchard, as a mere simple substitution of one known shift mechanism for moving a selector gear for another to yield predictable results.
Regarding claim 34, Kim discloses the machine of claim 32, but does not explicitly detail a second shaft operatively connected to the third gear, wherein the second shaft comprises a means for tilling, a means for cutting, or a means for grinding.
Blanchard discloses a work machine in the form of a rotary tiller, wherein a transmission element (11) is capable of selectively transmitting a forward or reverse rotation of a selector gear (9) “to at least one soil-working tool (16) and/or the drive wheels of the machine” carried respectively on a “tool or wheel carrier shaft” (see para. [0006-0007]).
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 third gear (i.e. the forward-reverse transmission gear) of Kim to output rotation to a soil-working tool shaft in addition to the drive wheel shaft, as taught by Blanchard, in order to provide a versatile rotary tilling device capable of forward and reverse traction and tilling directions.
Allowable Subject Matter
Claims 17, 23, 27, 30 and 36 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and to overcome the double patenting rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Olson (US 3016957 A) discloses a soil tilling apparatus. Doering (US 4492271 A) discloses a tine tiller with tines and wheels each rotatable in either direction. Kobashi et al. (US 4778012 A) discloses a rotary tilling and grass cutting device having selectively forward and reversely rotatable tines. Adachi et al. (US 4838357 A) discloses a soil tilling machine. Kanbara et al. (US 6955102 B2) discloses a transmission for working machines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joesph Rocca, can be reached on (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIA C TRAN/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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