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 § 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)(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, 2, 5, 6, 8-16, and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Luftl (US 12,146,556).
Claim 1
Luftl discloses an axle assembly comprising:
a shaft (4) that is rotatable about an axis;
a clutch collar (5) that is disposed on the shaft (4) and moveable along the axis with respect to the shaft (4);
a piston (6) that encircles the clutch collar (5); and
a bearing assembly (9) that extends between the piston (6) and the clutch collar (5) and that facilitates rotation of the clutch collar with respect to the piston (6) (see FIGS. 1 and 2).
Claim 2
Luftl discloses an outer housing (1) that encircles the piston (6), wherein the outer housing and the piston cooperate to at least partially define a cavity (chamber holding pressure 14) therebetween, wherein the clutch collar (5) is moveable along the axis from a first position (FIG. 1) to a second position (FIG. 2) when a pressurized fluid is provided to the cavity.
Claim 5
Luftl discloses a first seal and a second seal that encircle the axis and the piston, wherein the first seal and the second seal engage the outer housing (1) and cooperate with the outer housing (1) and the piston (6) to define the cavity.
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Claim 6
Luftl discloses wherein the second seal is disposed closer to the axis than the first seal (see annotated FIG. 1 above).
Claim 8
Luftl discloses an outer housing (1) that encircles the piston (6) and the clutch collar (5) (see e.g., FIG. 1).
Claim 9
Luftl discloses wherein the piston (6) encircles the bearing assembly (9) (see e.g., FIG. 1).
Claim 10
Luftl discloses wherein the bearing assembly (9) encircles the clutch collar (5) (see e.g., FIG. 1).
Claim 11
Luftl discloses wherein the bearing assembly (9) is moveable along the axis with the clutch collar (5) and the piston (6).
Claim 12
Luftl discloses wherein the piston (6) is spaced apart from and does not contact the clutch collar (5) (see e.g., FIG. 1).
Claim 13
Luftl discloses a biasing member (12) that urges the clutch collar (5) and the piston (6) to move along the axis from a second position toward a first position (to the right in FIGS. 1 and 2), wherein the clutch collar (5) couples a component (7 or 2) to the shaft (4) in the second position and does not couple the component (7 or 2) to the shaft (4) in the first position.
Claim 14
Luftl discloses wherein the biasing member (12) extends from the shaft to the clutch collar (5) (see FIG. 2).
Claim 15
Luftl discloses wherein the biasing member (12) is encircled by the clutch collar (see FIG. 2).
Claim 16
Luftl discloses wherein the biasing member (12) is encircled by the piston (6) (see FIG. 2).
Claim 19
Luftl discloses wherein the clutch collar (5) has an outer collar side that faces away from the axis and the piston (6) has an inner piston side that encircles the outer collar side, wherein the bearing assembly (9) extends from the inner piston side and the outer collar side (see FIG. 9).
Claim(s) 1-3, 5, 6, 8, 9, 11, 12, 13, 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Friedl et al. (US 5,273,499; hereinafter “Friedl”).
Claim 1
Friedl discloses an axle assembly comprising:
a shaft (40) that is rotatable about an axis;
a clutch collar (60 and/or 70) that is disposed on the shaft (40) and moveable along the axis with respect to the shaft (40);
a piston (81) that encircles the clutch collar (60 and/or 70); and
a bearing assembly (90) that extends between the piston (81) and the clutch collar (60 and/or 70) and that facilitates rotation of the clutch collar with respect to the piston (6) (see FIG. 1).
Claim 2
Friedl discloses an outer housing (1) that encircles the piston (81), wherein the outer housing (1) and the piston (81) cooperate to at least partially define a cavity (82) therebetween, wherein the clutch collar (60 and/or 70) is moveable along the axis from a first position (clutch disengaged) to a second position (clutch engaged) when a pressurized fluid is provided to the cavity.
Claim 3
Friedl discloses an interaxle differential unit (e.g., 20, 30, 35) that is disposed on the shaft (40), the interaxle differential unit including a first side gear (20), wherein the first side gear (20) is rotatable about the first axis with respect to the first shaft (40) when the clutch collar (60 and/or 70) is in the first position (disengaged clutch) and the first shaft (40), the clutch collar (60 and/or 70), and the first side gear (20) are rotatable together about the first axis when the clutch collar is in the second position (engaged position where the entire differential is locked up).
Claim 5
Friedl discloses a first seal (84) and a second seal (83) that encircle the axis and the piston, wherein the first seal and the second seal engage the outer housing (1) and cooperate with the outer housing (1) and the piston (81) to define the cavity (82).
Claim 6
Friedl discloses wherein the second seal is disposed closer to the axis than the first seal (see FIG. 1).
Claim 8
Friedl discloses an outer housing (1) that encircles the piston (81) and the clutch collar (60 and/or 70) (see e.g., FIG. 1).
Claim 9
Friedl discloses wherein the piston (81) encircles the bearing assembly (90) (see e.g., FIG. 1).
Claim 11
Friedl discloses wherein the bearing assembly (90) is moveable along the axis with the clutch collar (60 and/or 70) and the piston (81).
Claim 12
Friedl discloses wherein the piston (81) is spaced apart from and does not contact the clutch collar (60 and/or 70) (see e.g., FIG. 1).
Claim 13
Friedl discloses a biasing member (71) that urges the clutch collar (60 and/or 70) and the piston (81) to move along the axis from a second position toward a first position (to the left in FIGS. 1 and 2), wherein the clutch collar (60 and/or 70) couples a component (20 or 10) to the shaft (40) in the second position and does not couple the component (20 or 10) to the shaft (40) in the first position.
Claim 16
Friedl discloses wherein the biasing member (71) is encircled by the piston (81) (see FIG. 1).
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luftl in view of Salg et al. (US 2007/0037655; hereinafter “Salg”).
Claim 20
Luftl does not disclose wherein the inner piston side and the outer collar side are disposed at an oblique angle with respect to the axis. However, Salg discloses an actuator for a dog clutch member that includes a piston (18) and a collar (4) with a bearing (14) therebetween wherein the inner piston side and the outer collar side are each disposed at an oblique angle relative to the axis. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Luftl to include the oblique side surfaces in order to gradually move outward to the diameter of the outer gear which is much larger than the clutch collar and/or to provide a lubrication path that would provide centrifugal path into the differential due to the oblique surfaces
It is noted that the surfaces holding the bearing in the present embodiments are not oblique but rather the surfaces immediately adjacent to the bearing, and both sides are not oblique. As such, consistent with the disclosure, the oblique angle is for part of the inner and outer surfaces forming the recited inner and outer sides.
Claim(s) 4, 7, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luftl in view of Knowles et al. (US 2011/0269593; hereinafter “Knowles”).
Claim 4
Luftl does not disclose wherein the outer housing comprises a fluid passage that extends from the cavity through the outer housing, wherein the pressurized fluid is provided to the cavity via the fluid passage.
However, Knowles discloses a differential clutch actuated by a piston (54) wherein the outer housing (13) comprises a fluid passage (60) that extends from the cavity (58) through the outer housing (13) to a location between two seals (56), wherein the pressurized fluid is provided to the cavity via the fluid passage. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Luftl to include a passage to place fluid in the chamber between the seals in order to move the piston.
Claim 7
Luftl does not disclose wherein the outer housing comprises a fluid passage that has a port disposed adjacent to the cavity, wherein the port is axially positioned between the first seal and the second seal.
However, Knowles discloses a differential clutch actuated by a piston (54) wherein the outer housing (13) comprises a fluid passage (60) that has a port (inner end of 60) disposed adjacent to the cavity, wherein the port is axially positioned between the first seal and the second seal (56) (see FIG. 2a). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Luftl to include a passage to place fluid in the chamber between the seals in order to move the piston.
Claim 17
Luftl discloses an outer housing (1) that encircles the piston but does not disclose a pin that extends from the outer housing toward the axis and that is engageable with the piston to limit movement of the piston along the axis with respect to the outer housing.
However, Knowles discloses a differential clutch actuator wherein an outer housing (13) encircles the piston (54) and a pin (62) that extends from the outer housing (1) toward the axis and that is engageable with the piston (54) to limit movement of the piston along the axis with respect to the outer housing (see e.g., FIG. 2a and paragraph [0024]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Luftl to include a pin held in a housing and extending into a slot in the piston to prevent spinning of the piston within the housing (see Knowles, paragraph [0024]).
Claim 18
Luftl in view of Knowles discloses wherein the piston has a slot and the pin (62) is received in the slot (see FIG. 2a and paragraph [0024] disclosing the pin prevents the piston from spinning).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,867,010 discloses a differential clutch fluid actuation with seals and a return spring. US 3,460,404 discloses a piston actuator for a differential clutch with a bearing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655
