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)(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, 4-13, 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wilcox et al. (USP 11859706).
Regarding claim 1, Wilcox et al. discloses a shipping cover assembly for a transmission housing, comprising:
a cover portion (40) having an inner side (side facing gearing seen in fig.2), and
a stub shaft portion (inner portion of 40 and 25 read on a stub shaft portion) protruding from the inner side of the cover portion, the stub shaft portion configured to receive a gear thereon (the portion is capable of this as is evident in fig.2).
Regarding claim 4, Wilcox et al. discloses the shipping cover assembly of claim 1, wherein the stub shaft portion forms a receptacle (see annotated figure below) for detachably receiving a fastening member therein.
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Regarding claim 5, Wilcox et al. discloses the shipping cover assembly of claim 1, further comprising a sealing member disposed on the inner side of the cover portion (see annotated figure above).
Regarding claim 6, Wilcox et al. discloses the shipping cover assembly of claim 5, wherein the sealing member extends circumferentially around the cover portion (it’s an o-ring and thus extends circumferentially).
Regarding claim 7, in certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that the attachment or formation of the seal on the cover is instantly and unquestionably well-known and common knowledge in the art. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify how the seal is attached/formed, in Wilcox, so as to be moulded thereon or glued as such combination of elements are instantly and unquestionably well-known and common knowledge in the art.
Regarding claim 8, Wilcox et al. discloses the shipping cover assembly of claim 1, wherein the cover portion comprises a flange portion (see annotated figure above).
Regarding claim 9, Wilcox et al. discloses the shipping cover assembly of claim 8, wherein a sealing member is disposed on the inner side of the flange portion of the cover portion (seen in fig.2; the placement is considered to be on an inner side of the flange portion).
Regarding claim 10, Wilcox et al. discloses the shipping cover assembly of claim 8, wherein the cover portion includes a fitting portion configured to be received in an opening of the transmission housing, wherein the flange portion protrudes outwardly from the fitting portion at a right angle (evident in annotated figure 2 above).
Regarding claim 11, Wilcox et al. discloses the shipping cover assembly of claim 10, wherein the cover portion includes a tapered portion (area at the designation 40 can read on a tapered portion) connecting the stub shaft portion to the fitting portion.
Regarding claim 12, Wilcox et al. discloses the shipping cover assembly of claim 1, wherein the cover portion features a plurality of through holes (holes for fasteners 42 seen in fig.3) for receiving connecting members configured to connect the cover portion to the transmission housing.
Regarding claim 13, Wilcox et al. discloses a shipping assembly, comprising:
a transmission housing (10) forming an open cavity (seen in fig.2 or 3),
a shipping cover assembly, comprising:
a cover portion (fig.2, 40) connected to the transmission housing and closing the open cavity of the transmission housing, an inner side of the cover portion facing the transmission housing, and
a stub shaft portion (inner portion along with 25 read on a stub shaft portion) protruding from the inner side of the cover portion and into the open cavity of the transmission housing (seen in fig.2), and
a gear (seen in annotated fig.2 above) received on the stub shaft portion of the shipping cover assembly.
Regarding claim 15, Wilcox et al. discloses the shipping assembly of claim 13, further comprising a fastening member (elements which are designed to engage 28 or 29 can read on this) detachably received in a receptacle (either 28 or 29 can read on this) formed by the stub shaft portion for limiting movement of the gear on the stub shaft portion (given BRI the fastening members as mentioned above are capable of providing this functionality. Furthermore, this functionality is very broad and is not limited to the structure Applicant’s disclose, which is a fastener that fixedly engages the gear to the stub shaft through the receptacle in the stub shaft).
Regarding claim 16, Wilcox et al. discloses the shipping assembly of claim 13, wherein the shipping cover assembly further includes a sealing member disposed on the inner side of the cover portion and in sealing contact with a sealing face of the transmission housing (see annotated fig.2 above).
Regarding claim 17, Wilcox et al. discloses the shipping assembly of claim 16, wherein the sealing member extends circumferentially around the cover portion, and the sealing face of the transmission housing extends circumferentially around an opening of the open cavity of the transmission housing (it’s an o-ring and thus extends circumferentially).
Regarding claim 18, see rejection of claim 7 above.
Regarding claim 19, Wilcox et al. discloses the shipping assembly of claim 16, wherein the cover portion comprises a flange portion (see annotated fig.2 above) and the sealing member is disposed on the inner side of the flange portion of the cover portion (seen in fig.2; the placement is considered to be on an inner side of the flange portion). .
Regarding claim 20, Wilcox et al. discloses the shipping assembly of claim 17, wherein the cover portion of the shipping cover assembly includes a fitting portion received in the opening of the open cavity of the transmission housing in a form-fit, wherein a flange portion of the cover portion protrudes outwardly from the fitting portion at a right angle, the flange portion of the cover portion thereby forming a mechanical stop which limits movement of the cover portion relative to the transmission housing (seen in annotated figure 2 above).
Claim(s) 1-3, 13, 14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Pietras (USP 8783133).
Regarding claim 1, Pietras discloses a shipping cover assembly for a transmission housing, comprising:
a cover portion (10 which is a combination of 32, 50, and 34) having an inner side (area formed so as to protrude into the gear as seen in fig.1), and
a stub shaft portion (portion 36 as seen in fig.1 which protrudes into the gear) protruding from the inner side of the cover portion, the stub shaft portion configured to receive a gear thereon (the portion is capable of this as is evident in fig.1).
Regarding claim 2, Pietras discloses the shipping cover assembly of claim 1, wherein the cover portion and the stub shaft portion are formed in one piece (all of 10 is one piece; col.3, lines 51-52).
Regarding claim 3, Pietras discloses the shipping cover assembly of claim 1, wherein one or both of the cover portion and the stub shaft portion are made of a plastic material (col.3, lines 51-52).
Regarding claim 13, Pietras discloses a shipping assembly, comprising:
a transmission housing (16) forming an open cavity (seen in fig.1),
a shipping cover assembly, comprising:
a cover portion (10 which is a combination of 32, 50, and 34) connected to the transmission housing and closing the open cavity of the transmission housing, an inner side of the cover portion facing the transmission housing (area formed so as to protrude into the gear as seen in fig.1), and
a stub shaft portion (portion 36 as seen in fig.1 which protrudes into the gear) protruding from the inner side of the cover portion and into the open cavity of the transmission housing (seen in fig.1), and
a gear (seen in fig.1, the portion into which the stub shaft portion is introduced reads on a gear since it is part of a gear assembly) received on the stub shaft portion of the shipping cover assembly.
Regarding claim 14, Pietras discloses the shipping assembly of claim 13, wherein the cover portion and the stub shaft portion of the shipping cover assembly are formed in one piece (col.3, lines 51-52).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art includes other examples of shipping covers or covers that read on shipping covers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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, John Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS C DIAZ/Primary Examiner, Art Unit 3617
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