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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement is being considered by the Examiner.
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 8-10 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.
Regarding claim 8, it is unclear what is being imparted by recitation of “in particular by means of a grinding worm”, i.e. if the grinding tool is a grinding worm or not.
Regarding claim 10, claim 10 recites “a portion of the width”. Claim 8, from which claim 10 depends, also recites “a portion of the width”. It is unclear if claim 10’s recitation intended to rely on the same portion established in claim 8 antecedently, or if the structure being narrowed is different from the recitation of claim 8.
Any claim listed as rejected above but not specifically addressed above has inherited the rejection of a claim specifically addressed above due to dependency therefrom.
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.
Claim(s) 8-10 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito (US 20120190274).
Regarding claim 8, Ito discloses a method for rolling hard-fine machining of a toothing of a workpiece by means of a grinding tool, in particular by means of a grinding worm (see grinding tool 12, Figure 7, as well as [0042]; see also method disclosed in Figure 8; see also [0049], [0091]), in which
the grinding tool is mounted on a tool spindle and rotates about the tool axis while the grinding tool is in engagement with the toothing (see Figure 8; see also [0014]; see also grinding tool rotating mechanism 24; see also [0047-0048]; see also shaft 64, and [0090]), wherein
the grinding tool is guided relative to the toothing during the machining in order to grind the toothing over its width (see Figures 7 and 8 as well as [0049]; see [0091-0095]: workpiece gear 202), and
wherein the grinding tool rotates at a non-constant rotational speed during its engagement with the toothing at least over a portion of the width ([0015]: wherein the grinding tool and gear rotate, and the rotational speed of the grinding tool is changed; see also Figure 8 regarding meshing of the tool and workpiece; see [0110] and [0114] disclosing a rotational speed change),
wherein the rotational speed of the grinding tool during its engagement with the toothing has a constant basic value on which an additionally time-varying rotational speed function is superimposed (see prescribed range disclosed in [0015], i.e. a constant basic value; see also [0016-0017] disclosing a phase change; see also [0019-0020], [0027-0028]),
wherein the time-varying rotational speed function is periodic (see [0036-0039] disclosing waveforms and grinding; see also elastic wave P, as well as [0097-0099]; see also [0015-0016] disclosing the phase change is the amount of change in rotational speed) or wherein the time- varying rotational speed function has a stochastic character.
Regarding claim 9, Ito discloses the claimed invention as applied above, wherein Ito further discloses wherein the feed rate of the grinding tool changes relative to the toothing over the width of the toothing (see contact detection disclosed in at least [0027]; see also rotational positions of the workpiece gear and grinding tool disclosed in [0037-0029]; see also [0047-0048], [0065]; [0091], [0094-0097], [0100-0102], [0107], [0112-0113]).
Regarding claim 10, Ito discloses the claimed invention as applied above, wherein Ito further discloses wherein the grinding tool is shifted in the direction of the tool axis over at least a portion of the width during its engagement with the toothing (see contact detection disclosed in at least [0027]; see also rotational positions of the workpiece gear and grinding tool disclosed in [0037-0029]; see also [0047-0048], [0065]; [0091], [0094-0097], [0100-0102], [0107], [0112-0113]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baldeck (US 2008/0254716), see [0024]
Schmid (US 2003/0166377), see [0006]
Grinko (US 2015/0290730), see [0031]
Prock (US 2016/0158860), see [0026]
Wirz (US 2017/0136563), see Figures 3 and 4 as well as [0015], [0018-0019].
Feisel (US 5209020), see Figure 3.
Wirz (US 4559744), see Figure 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAKENA S MARKMAN whose telephone number is (469)295-9162. The examiner can normally be reached Monday-Thursday 8:00 am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAKENA S MARKMAN/Primary Examiner, Art Unit 3723
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