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 .
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 11-21 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.
Re Clm 11: This claim recites “a common plane” in line 9. Examiner notes that it is unclear as to whether this is the same common plane as the one set forth in line 3 or if this is intended to be a different common plane (which would be unclear as to what features would be in such a plane).
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.
Claims 11-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2609124, hereafter ‘124.
Re Clm 11: ‘124 discloses a universal joint comprising: two joint forks (3 and 4); and a pin cross (6) with a central body and four pins (8), which project in a common plane from the central body in two directions perpendicularly to one another (see fig 2), and each have a bearing point at which the respective pin is mounted in a respective corresponding fork bore of the joint forks (figs 1 and 2), wherein next to at least one of the pins, at least one protrusion (20) is formed which protrudes beyond the respective pin perpendicularly to its central longitudinal axis and has at least one stop face (planar surfaces of 20), which stands perpendicularly to a common plane and serves as a stop, only in an event of fault of a bearing of the respective pin, for supporting the pin cross on an inner side, facing the pin cross, of the corresponding joint fork in order to limit a shift of the pin cross relative to the corresponding joint fork along a central longitudinal axis of the respective pin (see figs 1-2).
Re Clm 12: ‘124 discloses wherein in fault-free normal operation, an air gap distance, is present in a region of the protrusion so that there is no contact between the pin cross and the joint fork at the protrusion (see gap between the protrusion of the pin cross and the joint fork).
Re Clm 13: ‘124 discloses wherein the protrusion is formed at least partially on the central body of the pin cross (figs 1-3).
Re Clm 14: ‘124 discloses wherein a corresponding protrusion is formed between and/or next to all adjacent pins (fig 2).
Re Clm 15: ‘124 discloses wherein viewed perpendicularly to the common plane, a recess (hole where pin is inserted) is formed between adjacent protrusions along the central longitudinal axes of the pins (fig 2).
Re Clm 16: ‘124 discloses wherein the protrusion is formed on both sides of the common plane (figs 2 and 3).
Re Clm 17: ‘124 discloses wherein a first stop face (22) of the protrusion is formed perpendicularly to the central longitudinal axis of the respective pin, a second stop face (any adjacent face 22) of the protrusion is formed perpendicularly to the central longitudinal axis of an adjacent pin, and between these stop faces, the protrusion has a chamfer (see chamfered corners in figs 5 and 6) which stands perpendicularly to the angle bisector of the corner angle between the central longitudinal axes of the two pins in the common plane.
Re Clm 18: ‘124 discloses wherein the protrusion is formed at least partially inside of at least one of the joint forks (see figs 1 and 2).
Re Clm 19: ‘124 discloses a jointed shaft comprising: a first shaft piece (1); a second shaft piece (2); and the universal joint according to claim 11 (as rejected above) which connects the first shaft piece and the second shaft piece together.
Re Clm 20: ‘124 discloses a motor vehicle (as disclosed in ‘124) comprising: the universal joint according to claim 11 (as rejected above).
Re Clm 21: ‘124 discloses a motor vehicle (as disclosed in ‘124) comprising: the jointed shaft according to claim 19 (as rejected above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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