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 (IDS) submitted on 12/19/2024 has been considered by the examiner.
Claim Objections
Claims 1-14 are objected to because of the following informalities:
The claims do not start with an article and a grammatically awkward. An appropriate correction would be starting the independent claim(s) with “A” and the dependent claims with “The”.
Appropriate correction is required.
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 1-14 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.
Claim 1 recites “in a manner fixed in position, wherein axes of rotation of which gear wheels are arranged at an angle relative to one another” which is unclear and renders the claims indefinite. This recitation is generally unclear, and the number of gears required by the claim, and their relative orientation cannot be determined. More specifically, it is unclear what is required by the phrase “in a manner fixed in position”. Additionally, as “two gear wheels” are previously claimed, it is unclear if “of which gear wheels are arranged” is referring to the two previously claimed gear wheels, or is introducing additional gears to the claim.
Claim 1 recites “designed to…” which is unclear and renders the claims indefinite. Specifically, the phrase implies intent of function, but it is unclear if the claimed structure following the statement is required to be capable of the function.
Claim 1 recites “designed in such a way” which is unclear for the same reasons given above.
Claim 1 recites “are designed for such a purpose that” which is unclear for the same reasons given above.
Claim 1 recites “move through between teeth” which is generally unclear and renders the claims indefinite.
Claim 5 recites “wherein the tooth surface has a curvature per pivot axis, in each case” which is unclear and renders the claim indefinite. Specifically, its unclear what shape the phrase “a curvature per pivot axis” requires.
Claim 5 recites “a central axis of a curvature coinciding with an associated pivot axis” which is unclear and renders the claims indefinite. First, it is unclear if the recitation of “a curvature” is a different curvature from that already positively recited in the claim. Additionally, the recitation of “an associated pivot axis” is unclear, as “at least one pivot axis” is previously claimed, and the number of pivot axes required by the claims cannot be determined.
Claim 9 recites “designed so as to be” which is unclear for the reasons given for claim 1 above.
Claim 9 recites “i.e. reproduces a sphere surface portion, at least in part.” which is unclear and renders the claim indefinite. Specifically, it is unclear if the limitations following “i.e.” are required by the claim.
Claim 10 recites “between two pivot axes of the hinged bearing system” which is unclear and renders the claims indefinite. Specifically, “at least one pivot axis” is previously claimed, and it is unclear if the recitation of “two pivot axes” is part of the “at least one” or some other subset of pivot axes.
Claim 11 recites “which is designed to bring about” which is unclear for the reasons given for claim 1 above.
Claim 12 recites “designed so as to be” which is unclear for the same reasons given for claim 1 above.
Claim 12 recites “substantially cone shaped and/or involute-shaped and/or round and/or as a rack and pinion gearing” which is unclear and renders the claim indefinite. Specifically, it is unclear how the teeth of the tooth surface can embody all of these profiles.
Claim 13 recites “…are chamfered at the side” which is unclear and renders the claims indefinite. There is no antecedent basis for the term “the side” and it is unclear what part, of which components are chamfered.
Claim Rejections - 35 USC § 102
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) 1-12 and 14, as best understood, is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Gewirtz et al. (USPN 9,027,441 B2).
Gewirtz discloses a displacement assembly, comprising:a displacement unit (102) which is connected to a suspension unit (186) and is displaceable relative to the suspension unit, wherein two gear wheels (106-1/106-2) are connected to the suspension unit, wherein axes of rotation of the gear wheels are at an angle relative to one another, wherein the two gear wheels mesh with a tooth surface (102, spherical gear) which is connected to the displacement unit, the activation of the gear wheels causes displacement of the displacement unit relative to the suspension unit; wherein the teeth of one gear wheel moves through the teeth of the toothed surface when the other of the gear wheels is activated (Column 6, Paragraph 2); wherein the axes of rotation of the gear wheels extend in a common plane and are arranged at an angle of 90° to one another (see Fig. 6, gear axes are orthogonal and intersect); wherein the displacement unit is connected to the suspension unit via a hinged bearing system (112) and is pivotable relative to the suspension unit, the hinged bearing system comprising at least one pivot axis (at least 174); wherein the tooth surface has a curvature, a central axis of the curvature coinciding with the at least one pivot axis (see Column 4, lines 7-11, arcuate surfaces of the spherical gear have a center point at 118, which is located at pivot 12, so each pivot axis of the tooth surface has a central axis coinciding with the pivot axes); wherein at least one of the axes of rotation of the two gear wheels extends substantially in parallel with the at least one pivot axis (see Fig. 4, the directionality of the teeth show direction of travel with toothed surface pivots, such an orientation would have the pivot axis be parallel to the axis of rotation of one of the gears); wherein the hinged bearing system is a gimbal bearing system having two pivot axes (Column 5, lines 25-26, two-axis gimbal), in which the two pivot axes are orthogonal to one another; wherein each gear wheel is associated with a separate drive unit (136-1/136-2) to activate the respective gear wheel; wherein the teeth of the gear wheels and/or the teeth of tooth surface are substantially cone shaped (as best understood, see Fig. 1, teeth of the tooth surface considered “substantially cone shaped”); and wherein at least one component (200-1) to be pivoted is arranged on the displacement assembly.
Claim Rejections - 35 USC § 103
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) 13, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Gewirtz et al. (USPN 9,027,441 B2) in view of Shimizu et al. (USPN 6,543,569 B1).
Gewirtz discloses the claimed invention except for wherein the tooth flanks of the teeth of the gear wheels and/or the tooth flanks of the teeth of the tooth surface are chamfered at the side and/or have a friction-reducing coating.
Shimizu discloses a friction-reducing coating (Column 2, lines 56-64) on gear teeth of mating gears.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to have modified the teeth of Gewirtz to have a friction-reducing coating, in order to increase the efficiency of the assembly by reducing energy loss due to excess friction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618