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 .
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tanimura (US 20110059875 appears on the PTO 1449).
Tanimura provides a grease composition that can improve the durability and the temperature control properties of constant velocity joints (CVJ) and reduce the rotating torque at low temperatures, and a constant velocity joint where the above-mentioned grease composition is packed. The grease composition for constant velocity joints includes (a) a base oil containing a synthetic oil, and (b) a thickener (see abstract).
In the Front-wheel drive (FF) cars and 4WD cars, the front wheels work to transmit power and control the steering. Those cars, therefore, adapt a drive shaft using a constant velocity joint capable of transmitting the rotational motion at constant speed regardless of various changes in the crossing angle formed by two axes in order to ensure smooth power transmission, for example, even when the steering wheel is turned to full lock (see para 0020). The constant velocity joints of the invention where the member for transmitting the torque is in the form of a ball include, for example, fixed type constant velocity joints such as Rzeppa joints (outboard joints) (see para 0053).
The synthetic oil used for the component (a) includes lubricating oils such as synthetic hydrocarbon oils, synthetic ester oils, synthetic ether oils, polyglycols and mixtures of those oils. Preferable examples of the synthetic oil include synthetic hydrocarbon oils and synthetic ester oils. In particular, polyalphaolefin.
The preferred thickener used as the component (b) is a diurea thickener (see para 0039). The thickener may be used in an amount of 1 to 30 mass% (see para 0042).
Tanimura teaches a kinematic viscosity of the base oil at 100 C of 13.6 mm2/s (see Examples 1 and 2). Tanimura meets the limitations of the claims other than the differences that are set forth below.
Tanimura does not specifically teach that the oil has a kinematic viscosity at a temperature of -20 C of 3,000 to 20,000 mm2/s. However, no unobviousness is seen in this difference because Tanimura does teach that at 100 C the kinematic viscosity is within the claimed range of 8 to 20 mm2/s which would suggest that the oil would have the claimed kinematic viscosity at -20 C of 3,000 to 20,000 mm2/s.
Tanimura does not exemplify an outboard constant velocity filled with the grease. However, Tanimura does teach fixed type constant velocity joints, such as Rzeppa joints (outboard joints) (see para 0053) which are within the scope of his invention.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Momiyama (US 20080132341-appears on the PTO 892).
Momiyama teaches a grease composition for a constant velocity universal joint prepared by adding predetermined components to a base oil, and to a constant velocity universal joint in which the composition is enclosed inside a boot thereof (see para 0002). Momiyama discusses the outboard constant velocity joint in paragraphs 0003 and 0008. Momiyama teaches a grease which comprises a base oil, and a urea thickener (see para 0020; 0068-0069). The base oil has a kinematic viscosity at 100 C of 2 to 40 mm2/c and may be a synthetic oil (see para 0064-0066). Momiyama meets the limitations of the claims other than the differences that are set forth below.
Momiyama does not specifically teach that the oil has a kinematic viscosity at a temperature of -20 C of 3,000 to 20,000 mm2/s. However, no unobviousness is seen in this difference because Momiyama does teach that at 100 C the kinematic viscosity of his oil is within the claimed range of 8 to 20 mm2/s which would suggest that the oil would have the claimed viscosity at -20 C of 3000-20,000 mm2/s.
Momiyama does not exemplify an outboard constant velocity filled with the grease. However, Momiyama teaches that his invention has been explained in relation to the case of tripod type constant velocity universal joints 10a, 10b, which are adapted for use as inboard side constant velocity universal joints. However, he states that it is also allowable to use the constant velocity universal joint as an outboard side constant velocity universal joint which encloses a grease composition (see para 0122).
The prior art made of record and not relied upon is cited for teaching the general state of the art and is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEPHIA D TOOMER whose telephone number is (571)272-1126. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6368. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CEPHIA D TOOMER/Primary Examiner, Art Unit 1771 18863555/20250716