DETAILED CORRESPONDENCE
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 .
Election/Restrictions
Applicant’s election of Group I, Species A in the reply filed on 01/06/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Status of Claims
This Office Action is in response to the application filed on 10/15/2024. Claims 1-17 are presently pending and are presented for examination.
Claims 16-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/06/2026.
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 10/15/2024 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 200, 234, 290, 292, 294, 296 and 299. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “220” has been used to designate both the first earth annulus in Fig. 1 and the bearings 250 in Fig. 7. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, one or more further output annuli, as required by claim 7, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The specification is inconsistent with the numbering and/or naming of elements. For example, paragraph [0035] reads “mounting 270”, while paragraph [0037] reads “earth structure 270”; paragraph [0035] reads “actuator assembly 200”, while paragraph [0067] reads “output structure 200”; and paragraph [0074] reads “epicyclic stage 300”, but also reads “epicyclic gearing 300”. While the list above is just an example, the Examiner requests Applicant’s help in reviewing the entire specification and correcting any additional unidentified discrepancies.
Appropriate correction is required.
Claim Objections
Claims 2-12 and 14-15 are objected to because of the following informalities:
Claims 2-8, 10-12 and 14-15 line 1 read “A rotary”, --the rotary-- is suggested.
Claim 9 line 2 reads “a rotary”, --the rotary-- is suggested.
Claim 9 line 3 reads “an annular”, --the annular-- is suggested.
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.
Claims 10-13 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 pre-AIA the applicant regards as the invention.
Claims 10-13 recite the limitation “in situ”. It is unclear what is required to be “in situ”. For example, Merriam-Webster defines in situ as “in the natural or original position or place”. However, none of the claims set forth what the natural or original position is. As such, the scope of the claims cannot be determined.
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) 1-2 and 4-15 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Tiedeman (US 4932613 A).
Regarding claim 1, Tiedeman discloses a rotary mechanism (see Fig. 1) comprising: an earth annulus (42); an output annulus (40); a radially inner bearing race (46 formed on 42) formed on or by one of the earth annulus and the output annulus (42); a radially outer bearing race (46 formed on 40) partially formed on or by another of the earth annulus and the output annulus (40); an opening (opening in 40 where 48 is provided) in the other of the earth annulus and the output annulus (40); and a removable cap (50) configured to be received by the other of the earth annulus and the output annulus to form a raceway (46) with the radially inner bearing race and the radially outer bearing race and to close the opening, the raceway extending circumferentially and between the earth annulus and the output annulus (see Fig. 1); wherein the earth annulus is rotatable relative to the output annulus (see column 1 line 68 to column 2 line 8, wherein 42 is disclosed as fixed and 40 is disclosed as movable); wherein a plurality of bearings (48) is received in the raceway; wherein the plurality of bearings is insertable into and removable from the raceway via the opening when the removable cap is removed (see column 2 line 5-7, wherein a ball retaining plug 50 closing the races and through which the balls may be introduced); wherein the removable cap is configured to be radially retained by an annular component (see Fig. 2; 41) extending at least partially around the other of the earth annulus and the output annulus (see Fig. 2).
Regarding claim 2, Tiedeman discloses the other of the earth annulus and the output annulus (40) comprises a recess (recess wherein 50 is provided) extending radially inwardly from a radially outer surface thereof (see Fig. 1); and wherein the recess is configured to receive the removable cap (50).
Regarding claim 4, Tiedeman discloses the removable cap (50) comprises a cap bearing race (portion of 50 contacting 48); and when the removable cap is received by the other of the earth annulus and the output annulus (40), the cap bearing race, the radially inner bearing race and the radially outer bearing race form the raceway (48).
Regarding claim 5, Tiedeman discloses when the removable cap (50) is received by the other of the earth annulus and the output annulus (40), the raceway (48) extends continuously (see Fig. 1).
Regarding claim 6, Tiedeman discloses the other of the earth annulus and output annulus (40) comprises radially outwardly extending locking members (radially outward extending members of 40) configured to engage with complementary radially inwardly extending locking features (radially inwardly extending features of 41) provided on the annular component (41).
Regarding claim 7, Tiedeman discloses one or more further earth annuli (38, left side 42 in the figure) axially spaced from the earth annulus (right side 42 in the figure); and one or more further output annuli (left side 40 in the figure) axially spaced from the output annulus (right side 40 in the figure).
Regarding claim 8, Tiedeman discloses the rotary mechanism is one of a rotary actuator, a gear or a gear stage (disclosed as a rotary hinge actuator).
Regarding claim 9, Tiedeman discloses a rotary mechanism assembly (see Fig. 1; 10) comprising: a rotary mechanism according to claim 1 (see rejection of claim 1 above); and an annular component (41) extending at least partially around the other of the earth annulus and the output annulus (40) and configured to radially retain the removable cap (50) when the removable cap is received by the other of the earth annulus and the output annulus (40).
Regarding claim 10, Tiedeman discloses when the removable cap (50) is received by the other of the earth annulus and the output annulus (40) and the annular component (41) is in situ, the annular component overlaps the removable cap (see Fig. 1).
Regarding claim 11, Tiedeman discloses the annular component (41) fully overlays the removable cap (50) when the removable cap is received by the other of the earth annulus and the output annulus (40) and the annular component is in situ (see Fig. 1).
Regarding claim 12, Tiedeman discloses when the removable cap (50) is received by the other of the earth annulus and the output annulus (40) and the annular component (41) is in situ, the annular component retains the removable cap in place (see Fig. 1).
Regarding claim 13, Tiedeman discloses the annular component (41) is in contact with the removable cap (50) when the removable cap is received by the other of the earth annulus and the output annulus (40) and the annular component is in situ (see Fig. 1).
Regarding claim 14, Tiedeman discloses the annular component (41) comprises radially inwardly extending locking features (radially inwardly extending features of 41) which engage with radially outwardly extending locking features (radially outward extending features of 40) provided on the other of the earth annulus and output annulus (40); and the radially inwardly extending locking features are configured to radially retain the removable cap (50; see Fig. 1).
Regarding claim 15, Tiedeman discloses when the removable cap (50) is received by the other of the earth annulus and the output annulus (40), the removable cap is radially inboard of at least the radially outer ends of the radially outwardly extending locking features ( radially outer ends of radially outward extending features of 40).
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 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tiedeman (US 4932613 A) in view of Piltz (US 20130199324 A1).
Regarding claim 3, Tiedeman fails to disclose a removable connector connecting the removable cap. However, Piltz teaches a removable connector (see Fig. 7; 58) connecting the removable cap (56). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Tiedeman with removable connectors connecting the removable cap, as taught by Piltz, to secure the cap in place (see paragraph [0044]); and to prevent the cap from moving within the annulus which results in an uneven raceway and could lead to excessive wear and/or actuator failure. As a result of the combination, the following limitations would necessarily result: a removable connector (Piltz; 58) connecting the removable cap (Tiedeman; 50) to the other of the earth annulus and the output annulus (Tiedeman; 40).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
US 20160290440 A1, US 20110118076 A1, US 20040220014 A1, US 20110021307 A1, US 5120285 A, US 4877120 A and US 4721016 A discloses geared rotary actuators.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH BROWN whose telephone number is (313)446-6568. The examiner can normally be reached Mon-Thurs: 8:00am - 5:00pm EST.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618