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 Interpretation
Below is an image hat displaces the customary gearing terminology used in the art. So of the language used by the Applicant is not consistent with the established terminology, and the Examiner makes note of this where appropriate. Specifically, Applicant refers to “a width of each tooth” which is equivalent to the circumferential distance along the top land of the tooth. Essentially, the distance from one face of a gear tooth to the other face of the same gear tooth, along the “top land” of the gear. Applicant also discloses each pinion having a length, this is equivalent to the “width” of the gear. Also, applicant discloses “gear teeth extending laterally”, the common terminology is that gear teeth extend radially. Applicant also states “the width of each tooth”, this is equivalent to the tooth thickness.
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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.
Claim(s) 1-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over FUJII et al. (US 2009/0186739 A1) in view of O-OKA et al. (US 9,091,338).
Regarding claim 1, FUJII discloses (Figs. 1,4) a differential apparatus comprising: a side gear (3A, 4A) rotatable about an axis (L), the side gear comprising a plurality of gear teeth (3a, 4a) extending laterally therefrom; a casing member (2) rotatable about the axis, the casing member covering the side gear; one or more bores (2d, 2e) formed in the casing member, the one or more bores extending in a direction parallel to the axis (L); and one or more pinions (5, 6), each pinion having an upper surface (an end face, perpendicular to the axis L, closet to the section 5b or 6b) and a length (parallel to the axis L), being inserted in a corresponding bore (2d, 2e) of the one or more bores in the direction parallel to the axis, and having one or more pinion teeth extending laterally therefrom; wherein each pinion (5,6) is configured to mesh with the side gear (3A, 4A) via the one or more pinion teeth; a first portion (5b, 6b) of the length of each pinion starting from the upper surface thereof, and a second portion (5a, 6a) of the length of the pinion.
FUJII does not disclose along a first portion of the length of each pinion starting from the upper surface thereof, a width of each tooth of the one or more pinion teeth is greater than a width of the tooth along a second portion of the length of the pinion.
O-OKA (Fig. 7) teaches gear tooth geometry where along a first portion of the length of each pinion starting from the upper surface thereof, a width of each tooth (top land surface at S1) of the one or more pinion teeth is greater than a width of the tooth (top land surface at S2) along a second portion of the length of the pinion. (See O-OKA, col. 13, lines 25-30).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention the modify the geometry of the teeth of the pinion gear of FUJII such that along a first portion of the length of each pinion starting from the upper surface thereof, a width of each tooth of the one or more pinion teeth is greater than a width of the tooth along a second portion of the length of the pinion, in view of O-OKA, because when the tapered-lead helical gear having the tapered tooth profile including the free-form surface meshes with a straight helical gear, compared to the case in which the gears having the involute surfaces according to the related art mesh with each other, the occurrence of uneven contact due to insufficient casing rigidity can be reduced. In addition, the tooth contact position is shifted toward the center, so that the bending strength is increased. (O-OKA, col. 13, lines 30-37).
Regarding claim 2, the combination of FUJII-O-OKA discloses a lateral surface of the side gear (3, 4) along a length of the side gear that faces the first portion of the length of the pinion is deprived of gear teeth (see Fig. 4, area of the side gears (3, 4) next to end washers (8, 9)).
Regarding claim 3, the combination of FUJII-O-OKA discloses the first portion of the length of the pinion, but does not disclose it being in a range of 10-20% of a total length of the pinion along the direction parallel to the axis.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have the first portion of the length of the pinion be in a range of 10-20% of a total length of the pinion along the direction parallel to the axis, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 4, the combination of FUJII-O-OKA discloses the first portion of the length of the pinion, but does not disclose it is about 16% of the total length of the pinion along the direction parallel to the axis.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have the first portion of the length of the pinion be about 16% of the total length of the pinion along the direction parallel to the axis, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 5, the combination of FUJII-O-OKA discloses a width of the one or more pinion teeth in the first portion of the length of the pinion, but does not disclose it is 25-40% greater than a width of the one or more pinion teeth in the second portion of the length of the pinion.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have a width of the one or more pinion teeth in the first portion of the length of the pinion be 25-40% greater than a width of the one or more pinion teeth in the second portion of the length of the pinion, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 6, the combination of FUJII-O-OKA discloses the width of the one or more pinion teeth in the first portion of the length of the pinion, but does not disclose it is 32.5% greater than the width of the one or more pinion teeth in the second portion of the length of the pinion.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have the width of the one or more pinion teeth in the first portion of the length of the pinion be 32.5% greater than the width of the one or more pinion teeth in the second portion of the length of the pinion, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 7, the combination of FUJII-O-OKA discloses the one or more pinion teeth in the first portion and in the second portion have a helix configuration, and an angle of the helix configuration in the first portion and in the second portion is the same.
Regarding claim 8, the combination of FUJII-O-OKA discloses a pinion comprising: an upper surface; and one or more pinion teeth extending laterally from the pinion along a length of the pinion in an axial direction thereof, the length comprising a first portion extending from the upper surface along the axial direction thereof and a second portion extending after the first portion along the axial direction thereof; wherein a size width of the one or more pinion teeth in the first portion is greater than a size width of the one or more pinion teeth in the second portion.
Regarding claim 9, the combination of FUJII-O-OKA discloses the first portion of the pinion has a length, but does not disclose it in a range of 10-20% of a total length of the pinion along the axial direction thereof.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have the first portion of the pinion having a length in a range of 10-20% of a total length of the pinion along the axial direction thereof, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 10, the combination of FUJII-O-OKA discloses the first portion of the pinion has a length, but does not disclose it being about 16% of the total length of the pinion along the axial direction thereof.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention for the first portion of the pinion to have a length being about 16% of the total length of the pinion along the axial direction thereof, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 11, the combination of FUJII-O-OKA discloses a width of the one or more pinion teeth in the first portion, but does not disclose it being 25-40% greater than a width of the one or more pinion teeth in the second portion.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention for a width of the one or more pinion teeth in the first portion to be 25-40% greater than a width of the one or more pinion teeth in the second portion, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 12, the combination of FUJII-O-OKA discloses the width of the one or more pinion teeth in the first portion, but does not disclose it being 32.5% greater than the width of the one or more pinion teeth in the second portion.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention for the width of the one or more pinion teeth in the first portion to be 32.5% greater than the width of the one or more pinion teeth in the second portion, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re BOESCH, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 13, the combination of FUJII-O-OKA discloses the one or more pinion teeth have a helix configuration, and an angle of the helix configuration in the first portion and in the second portion is the same.
Regarding claims 14 and 15, the combination of FUJII-O-OKA discloses an area of an outer diameter of the one or more pinion teeth in the first portion of the length of the pinion is greater than an area of an outer diameter of the one or more pinion teeth in the second portion of the length of the pinion, but does not disclose it being 25-40% greater.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have an area of an outer diameter of the one or more pinion teeth in the first portion of the length of the pinion be 25-40% greater than an area of an outer diameter of the one or more pinion teeth in the second portion of the length of the pinion, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 16, the combination of FUJII-O-OKA discloses differential apparatus comprising a side gear rotatable about an axis, the side gear comprising a plurality of gear teeth extending laterally therefrom; a casing member rotatable about the axis, the casing member covering the side gear; one or more bores formed in the casing member, the one or more bores extending in a direction parallel to the axis; and one or more pinions, each pinion having an upper surface and a length, being inserted in a corresponding bore of the one or more bores in the direction parallel to the axis, and having one or more pinion teeth extending laterally therefrom; wherein each pinion is configured to mesh with the side gear via the one or more pinion teeth; wherein the one or more pinions includes a first plurality of pinions and a second plurality of pinions, the first plurality of pinions having different sized pinion teeth along the length of the pinion; and wherein the side gear includes a lateral surface without gear teeth, wherein size of the pinion teeth are varied by at least a width of the pinion teeth at the upper surface, and wherein the width of the upper surface is greater at a first portion of first plurality of pinions than the upper surface of the second portion of the first plurality of the pinions.
Regarding claim 18, the combination of FUJII-O-OKA discloses the lateral surface faces the first portion when the side gear and the first plurality of pinions are engaged in a mating configuration.
Regarding claim 19, the combination of FUJII-O-OKA discloses the pinion and bore are configured such that the size of the first portion within the bore generates less friction between the teeth of the first portion and an interior surface of the bore.
Regarding claim 20, the combination of FUJII-O-OKA discloses an area of an outer diameter of the one or more pinion teeth in the first portion of the length of the pinion is greater than an area of an outer diameter of the one or more pinion teeth in the second portion of the length of the pinion, but does not disclose it being 25-40% greater.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have an area of an outer diameter of the one or more pinion teeth in the first portion of the length of the pinion be 25-40% greater than an area of an outer diameter of the one or more pinion teeth in the second portion of the length of the pinion, as it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because of the new ground of rejection.
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 DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655