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
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 1-7, 9-13, 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 208203945 U).
As to claim 1, Li teaches an alignment toolkit to facilitate drawing two components together in aligned fashion (the adjusting structure shown in Fig 3 is part of a toolkit as shown in Fig 1 and is capable of drawing together the posts 61 and the electrified body 8 as shown in Fig 2), the alignment toolkit comprising: at least two threaded rods (there are four threaded rods 20 illustrated in Fig 3) each engageable with one of the two components (the threaded rods are engaged with the posts 61 via U-shaped clip 30); an alignment device (the driving part 41, as shown in Fig 3 and as shown in exploded views in Figs 4 and 5), the alignment device comprising: a planetary gear set (driven gears 40 are planet gears and operation part 410 is a ring gear, together they form a planetary gear set), the planetary gear set comprising a ring gear and at least two planetary gears (as explained above); one or more side plates for supporting the ring gear and the at least two planetary gears (first fixing plate 421 and second fixing plate 422); wherein each of the at least two planetary gears includes an aperture sized to receive one of at least two threaded fasteners for engagement with a respective one of the at least two threaded rods (threaded hole 400), wherein rotation of the ring gear imparts synchronized rotational movement to the at least two threaded fasteners to cause linear movement of the alignment device relative to the at least two threaded rods (this is an intended use of the device in the toolkit. See MPEP § 2114. The structure already claimed is sufficient to perform this function); and an alignment checker to check or confirm an alignment of the two components as they are drawn together (the term “alignment checker” does not invoke 112(f). The control device can be a PLC controller using input information from a pressure sensor. Thus the alignment of the electrified body 8 and the posts 61 is checked continuously by the controller via the pressure sensor. See page translation 12 paragraph 6).
As to claim 2, Li teaches the alignment toolkit of claim 1, further comprising a threaded-rod guide for engagement with one of the two components (the aperture 400 through gear 40 is threaded as explained on Page 6 paragraph 5.).
As to claim 3, Li teaches the alignment toolkit of claim 1, wherein the alignment device further comprises a pair of shoe retainers for supporting the at least two planetary gears (fasteners 424 as shown in Figs 4 and 5 perform the function of retaining the gears 40).
As to claim 4, Li teaches the alignment toolkit of claim 3, wherein the pair of shoe retainers is configured to support the at least two planetary gears for rotation inside the ring gear and around a respective one of the at least two threaded rods, devoid of a sun gear (this is a functional limitation of a portion of the toolkit. The fasteners 424 are capable of performing this function according to the broadest reasonable interpretation of that function. There is no sun gear in the arrangement of Li. The ring gear and threaded rods support the planetary gears 40 in the radial direction. The plates 421, 422 support the gears in the linear direction (along the axis of the threaded rod) which are themselves directly supported by the fasteners 424. Thus, the gears 40 are prevented from moving along the axis of the threaded rod except as a group by the fasteners 424.).
As to claim 5, Li teaches the alignment toolkit of claim 1, wherein the alignment device is portable (this is a broad but not indefinite limitation. According to the scale of the device as indicated by the cart of Fig 1, the device as shown in Figure 3 is capable of being picked up by a human and is thus interpreted to be portable.); and wherein the ring gear includes one or more manually engageable formations provided on a periphery thereof for rotating the ring gear by hand to move the alignment device relative to the at least two threaded rods (operation ribs 4100 are capable of being manipulated in this fashion).
As to claim 6, Li teaches the alignment toolkit of claim 1, wherein the alignment device further comprises one or more thrust bearings to support a weight of one of the two components, or to transmit an axial force generated by the alignment device upon rotation of the ring gear to one of the two components (the outer surface of side plate 421 is a thrust bearing which bears against the extension member 1 to transmit axial force as claimed).
As to claim 7, Li teaches the alignment toolkit of claim 1, wherein the one or more side plates of the alignment device include first apertures to allow passage of the at least two threaded rods, and one or more second apertures to allow passage of a securement fastener to fasten the two components together (see Figs 4 and 5, There are holes 420 in plates 421, 422 which allow passage of threaded rods therethrough. The plates 421, 422 also have unnumbered holes useful for allowing fasteners 424 therethrough.).
As to claim 9, Li teaches an alignment device to draw two components together (the adjusting structure shown in Fig 3 is capable of drawing together the posts 61 and the electrified body 8 as shown in Fig 2), the alignment device comprising: a planetary gear set, the planetary gear set comprising a ring gear and at least two planetary gears (driven gears 40 are planet gears and operation part 410 is a ring gear, together they form a planetary gear set); one or more side plates for supporting the ring gear and the at least two planetary gears (first fixing plate 421 and second fixing plate 422); wherein each of the at least two planetary gears includes an aperture sized to receive one of at least two threaded fasteners for engagement with a respective one of at least two threaded rods engaged with one of the two components (each planetary gear 40 includes a hole 400 which is threaded, Thus the hole is the aperture and the threaded fasteners are the threads which engage with the threaded rods), wherein rotation of the ring gear imparts synchronized rotational movement to the at least two threaded fasteners to cause linear movement of the alignment device relative to the at least two threaded rods (this is an intended use of the device in the toolkit. See MPEP § 2114. The structure already claimed is sufficient to perform this function); and a pair of shoe retainers clampable together to enclose the at least two planetary gears (fasteners 424 as shown in Figs 4 and 5 perform the function of clamping plates 421, 422 together thereby retaining the gears 40).
As to claim 10, Li teaches the alignment device of claim 9, wherein the pair of shoe retainers is configured to support the at least two planetary gears for rotation inside the ring gear and around a respective one of the at least two threaded rods, devoid of a sun gear (this is a functional limitation. The fasteners 424 are capable of performing this function according to the broadest reasonable interpretation of that function. There is no sun gear in the arrangement of Li. The ring gear and threaded rods support the planetary gears 40 in the radial direction. The plates 421, 422 support the gears in the linear direction (along the axis of the threaded rod) which are themselves directly supported by the fasteners 424. Thus, the gears 40 are prevented from moving along the axis of the threaded rod except as a group by the fasteners 424.).
As to claim 11, Li teaches the alignment device of claim 9, wherein the alignment device is portable (this is a broad but not indefinite limitation. According to the scale of the device as indicated by the cart of Fig 1, the device as shown in Figure 3 is capable of being picked up by a human and is thus interpreted to be portable.); and wherein the ring gear includes one or more manually engageable formations provided on a periphery thereof for rotating the ring gear by hand to move the alignment device relative to the at least two threaded rods (operation ribs 4100 are capable of being manipulated in this fashion).
As to claim 12, Li teaches the alignment device of claim 9, further comprising one or more thrust bearings to support a weight of one of the two components or to transmit an axial force generated by the alignment device upon rotation of the ring gear to one of the two components (the outer surface of side plate 421 is a thrust bearing which bears against the extension member 1 to transmit axial force as claimed).
As to claim 13, Li teaches the alignment device of claim 9, wherein the one or more side plates include first apertures to allow passage therethrough of the at least two threaded rods, and one or more second apertures to allow passage of a securement fastener to fasten the two components together (see Figs 4 and 5, There are holes 420 in plates 421, 422 which allow passage of threaded rods therethrough. The plates 421, 422 also have unnumbered holes useful for allowing fasteners 424 therethrough.).
As to claim 15, Li teaches an alignment toolkit to facilitate drawing two components together in aligned fashion (the adjusting structure shown in Fig 3 is part of a toolkit as shown in Fig 1 and is capable of drawing together the posts 61 and the electrified body 8 as shown in Fig 2), the alignment toolkit comprising: at least two threaded rods (there are four threaded rods 20 illustrated in Fig 3) each engageable with one of the two components (the threaded rods are engaged with the posts 61 via U-shaped clip 30); and an alignment device, the alignment device comprising: a planetary gear set, the planetary gear set comprising a ring gear and at least two planetary gears (driven gears 40 are planet gears and operation part 410 is a ring gear, together they form a planetary gear set); one or more side plates for supporting the ring gear and the at least two planetary gears (first fixing plate 421 and second fixing plate 422); wherein each of the at least two planetary gears includes an aperture sized to receive one of at least two threaded fasteners for engagement with a respective one of the at least two threaded rods (each planetary gear 40 includes a hole 400 which is threaded, Thus the hole is the aperture and the threaded fasteners are the threads which engage with the threaded rods), wherein rotation of the ring gear imparts synchronized rotational movement to the at least two threaded fasteners to cause linear movement of the alignment device relative to the at least two threaded rods (this is an intended use of the device in the toolkit. See MPEP § 2114. The structure already claimed is sufficient to perform this function); and a pair of shoe retainers clampable together to enclose the at least two planetary gears (fasteners 424 as shown in Figs 4 and 5 perform the function of clamping plates 421, 422 together thereby retaining the gears 40).
As to claim 16, Li teaches a method of aligning two components to be drawn together (the adjusting structure shown in Fig 3 draws together the posts 61 and the electrified body 8 as shown in Fig 2), the method comprising: connecting two or more threaded rods to a first of the two components (the threaded rods are connected to the posts 61 via the u shaped heads 30); engaging an alignment device with a second of the two components (the planetary gear set is engaged with electrified body 8 via the propellant 5), the alignment device comprising a planetary gear set comprising a ring gear and at least two planetary gears (planetary gears 40 and ring gear 410, see Figs 4 and 5), the alignment device comprising one or more side plates for supporting the ring gear and the at least two planetary gears (first fixing plate 421 and second fixing plate 422) and a pair of shoe retainers clampable together to enclose the at least two planetary gears (fasteners 424 as shown in Figs 4 and 5 perform the function of clamping plates 421, 422 together thereby retaining the gears 40), wherein each of the at least two planetary gears includes an aperture sized to receive one of at least two threaded fasteners for engagement with one of the two or more threaded rods (each planetary gear 40 includes a hole 400 which is threaded, Thus the hole is the aperture and the threaded fasteners are the threads which engage with the threaded rods), wherein rotation of the ring gear imparts synchronized rotational movement to the at least two threaded fasteners to cause linear movement of the alignment device relative to the two or more threaded rods (The telescopic action of the device is performed by rotating the ring gear, which rotates the planetary gears, which rotate around the threaded rod. Since the threaded rods are fixed, the gears’ spinning moves the entire device along axis of the rods. The ring gear synchronizes the rotation of the planetary gears. See abstract: “The telescopic element, it only needs to rotate the driving drive part can drive the multiple driven gears synchronously push adjustor to move. and when the regulator is moved to the preset position, can change only the modulator position on the threaded rod after rotating driven by the driving part, the adjusting structure by its own screw thread structure can actively drive the other part of the rotational force applied to stop removal the adjusting of the axial limit, simple structure, fast and convenient operation.”); and rotating the ring gear to move the alignment device relative to the two or more threaded rods (as described above, the ring gear is rotated to rotate the planetary gears to move the device along the threaded rods).
As to claim 17, Li teaches the method of claim 16, further comprising engaging a threaded-rod guide with one of the two components (the aperture 400 through gear 40 is threaded as explained on Page 6 paragraph 5.).
As to claim 18, Li teaches the method of claim 16, further comprising using an alignment checker to check or confirm an alignment of the two components as they are drawn together (the term “alignment checker” does not invoke 112(f). The control device can be a PLC controller using input information from a pressure sensor. Thus the alignment of the electrified body 8 and the posts 61 is checked continuously by the controller via the pressure sensor. See page translation 12 paragraph 6).
As to claim 19, Li teaches the method of claim 16, wherein the alignment device further comprises a pair of shoe retainers for supporting the at least two planetary gears (fasteners 424 as shown in Figs 4 and 5 perform the function of clamping plates 421, 422 together thereby retaining the gears 40).
As to claim 20, Li teaches the method of claim 19, wherein the pair of shoe retainers is configured to support the at least two planetary gears for rotation inside the ring gear and around a respective one of the two or more threaded rods, devoid of a sun gear (The fasteners 424 are configured of performing this function according to the broadest reasonable interpretation of that function. There is no sun gear in the arrangement of Li. The ring gear and threaded rods support the planetary gears 40 in the radial direction. The plates 421, 422 support the gears in the linear direction (along the axis of the threaded rod) which are themselves directly supported by the fasteners 424. Thus, the gears 40 are prevented from moving along the axis of the threaded rod except as a group by the fasteners 424.).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claims 1 and 9 respectively above and further in view of O’Neill (US 1,105,297).
As to claim 8, Li teaches the alignment toolkit of claim 1, but does not teach the ring gear and at least two planetary gears of the alignment device include herringbone gears. However, it was known at the time the invention was effectively filed that planetary gears were available in any reasonable gear-type configuration, including straight (as taught by Li) or herringbone. See for example O’Neill which teaches planetary gearing shown in Fig 3 for use in a mechanical device. O’Neil teaches at Page 2 lines 99-105, “The teeth of all the intermeshing pinions 11, 12, 20 and 21 are shown as straight spur teeth, but, of course, other forms of gear teeth, for example, herringbone teeth or spiral teeth, could be employed if desired without in any manner affecting the principle of operation.”
Thus it would have been “obvious to try” to a person having ordinary skill in the art at the time the invention was effectively filed to have provided for herringbone teeth of the planetary gear set as herringbone is one of a small number of ways of forming interlocking gear teeth, as disclosed by O’Neill.
As to claim 14, Li teaches the alignment device of claim 9, but does not teach the ring gear and at least two planetary gears include herringbone gears. However, it was known at the time the invention was effectively filed that planetary gears were available in any reasonable gear-type configuration, including straight (as taught by Li) or herringbone. See for example O’Neill which teaches planetary gearing shown in Fig 3 for use in a mechanical device. O’Neil teaches at Page 2 lines 99-105, “The teeth of all the intermeshing pinions 11, 12, 20 and 21 are shown as straight spur teeth, but, of course, other forms of gear teeth, for example, herringbone teeth or spiral teeth, could be employed if desired without in any manner affecting the principle of operation.”
Thus it would have been “obvious to try” to a person having ordinary skill in the art at the time the invention was effectively filed to have provided for herringbone teeth of the planetary gear set as herringbone is one of a small number of ways of forming interlocking gear teeth, as disclosed by O’Neill.
Conclusion
35, The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li is Examiner’s closest art as Li is the only example found by Examiner of a planetary gear set having no sun gear in which an outer ring is turned to turn planet gears which in turn spin along a threaded rod for the purpose of traversing the road axially to apply pressure between or among two components. The concepts of planetary gears are well known as shown in the cited art, but there are no other cited examples arranged in this way for this function.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JAMES CIGNA whose telephone number is (571)270-5262. The examiner can normally be reached 9am-5pm Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB J CIGNA/Primary Examiner, Art Unit 3726 18 August 2026
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