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 § 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.
Claims 1-3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao JP 2021-139442 in view of in view of Li Cn 105822738.
Re clm 1, Zhao discloses a linear guide (Fig. 1-2), comprising: a first rail (10), extending in a motion direction and having a first opposite side (surface of 10 facing opposing 10), the first opposite side having a first raceway surface (v-groove 11) that is recessed inwardly and extends in the motion direction; a second rail (opposing 10), extending in the motion direction and having a second opposite side (surface of opposing 10 facing 10), the second opposite side having a second raceway surface (v-groove 11) that is recessed inwardly and extends in the motion direction, the first opposite side and the second opposite side facing each other; a retainer (at 24), extending in the motion direction and including a plurality of rolling elements (20) arranged in the motion direction, the rolling elements rolling on the first raceway surface and the second raceway surface, enabling the retainer, the first rail and the second rail to move relative to one another in the motion direction, a rotatable toothed wheel (22) being pivotally connected to the retainer; a plurality of first protrusions (teeth of one rack member 13), formed at equal intervals in the motion direction on the first opposite side other than the first raceway surface; a plurality of second protrusions (other one of rack members with teeth 13), formed at equal intervals in the motion direction on the second opposite side other than the second raceway surface; wherein the plurality of first protrusions and the plurality of second protrusions are arranged on opposite sides of a circumference of the toothed wheel, and the toothed wheel meshes with plurality of the first protrusions and the plurality of second protrusions to prevent the retainer from creeping on the first rail and the second rail.
Zhao does not disclose the plurality of first protrusions, respectively and independently planted in a plurality of first holes formed in the first rail at equal intervals in the motion direction on the first opposite side other than the first raceway surface; the plurality of second protrusions, respectively and independently planted in a plurality of second holes formed in the second rail at equal intervals in the motion direction on the second opposite side other than the second raceway surface.
Li teaches a similar toothed wheel and protrusion arrangement (rack and pinion system) in which the protrusions (rack) are respectively and independently planted in a plurality of first holes formed in the first rail at equal intervals in the motion direction for the purpose of allowing an individual tooth to be replaced due to damage or wear while keeping the cost small (lines 100-104).
Since both Zhao and Li disclose rack and pinion elements, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the rack elements of Zhao with that of Li and provide the plurality of first protrusions, respectively and independently planted in a plurality of first holes formed in the first rail at equal intervals in the motion direction on the first opposite side other than the first raceway surface; a plurality of second protrusions, respectively and independently planted in a plurality of second holes formed in the second rail at equal intervals in the motion direction on the second opposite side other than the second raceway surface for the purpose of allowing an individual tooth to be replaced due to damage or wear while keeping the cost small.
Re clm 2, Zhao further discloses a gap (space between 10s) is defined between the first opposite side of the first rail and the second opposite side of the second rail, each of the plurality of first protrusions extends toward the second opposite side (the protrusions extend in all three dimensional directions), each of the plurality of second protrusions extends toward the first opposite side, and each of the plurality of the first protrusions and each of the plurality of the second protrusions each have a protruding length less than the gap (shown in Fig. 1).
Re clm 3, the improvement of Li further discloses each of the plurality of first protrusions and each of the plurality of second protrusions are cylindrical (4, Fig. 1-2).
Re clm 5, Zhao further discloses the motion direction is straight (Fig. 1).
Re clm 6, Zhao further discloses the retainer has an accommodating space (shown at 22, Fig. 2), an axle (shaft 23; [0023]) is provided in the accommodating space, the toothed wheel is pivotally connected to the axle in the accommodating space, and the toothed wheel partially extends out of the retainer (as shown in Fig. 2).
Re clm 7, Zhao in view of Li further discloses a first interval between each pair of adjacent protrusions of the plurality of first protrusions corresponds to a tooth pitch of the toothed wheel, and a second interval between each pair of adjacent protrusions of the plurality of second protrusions corresponds to the tooth pitch of the toothed wheel.
Claims 1-3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee KR 20110039654 in view of in view of Li Cn 105822738.
Re clm 1, Lee discloses a linear guide (Fig. 5), comprising: a first rail (110), extending in a motion direction and having a first opposite side (surface of 110 facing 120), the first opposite side having a first raceway surface (v-groove 115) that is recessed inwardly and extends in the motion direction; a second rail (120), extending in the motion direction and having a second opposite side (surface of 120 facing 110), the second opposite side having a second raceway surface (v-groove 125) that is recessed inwardly and extends in the motion direction, the first opposite side and the second opposite side facing each other; a retainer (145), extending in the motion direction and including a plurality of rolling elements (135) arranged in the motion direction, the rolling elements rolling on the first raceway surface and the second raceway surface, enabling the retainer, the first rail and the second rail to move relative to one another in the motion direction, a rotatable toothed wheel (155) being pivotally connected to the retainer; a plurality of first protrusions (teeth 169 of one rack member 163, line 163; Fig. 8-9) formed at equal intervals in the motion direction on the first opposite side other than the first raceway surface; a plurality of second protrusions (teeth 169 of other rack member 163, line 163, Fig. 8-9), at equal intervals in the motion direction on the second opposite side other than the second raceway surface; wherein the plurality of first protrusions and the plurality of second protrusions are arranged on opposite sides of a circumference of the toothed wheel, and the toothed wheel meshes with the plurality of first protrusions and the plurality of second protrusions to prevent the retainer from creeping on the first rail and the second rail.
Lee does not disclose the plurality of first protrusions, respectively and independently planted in a plurality of first holes formed in the first rail at equal intervals in the motion direction on the first opposite side other than the first raceway surface; the plurality of second protrusions, respectively and independently planted in a plurality of second holes formed in the second rail at equal intervals in the motion direction on the second opposite side other than the second raceway surface.
Li teaches a similar toothed wheel and protrusion arrangement (rack and pinion system) in which the protrusions (rack) are respectively and independently planted in a plurality of first holes formed in the rail at equal intervals in the motion direction for the purpose of allowing an individual tooth to be replaced due to damage or wear while keeping the cost small (lines 100-104).
Since both Lee and Li disclose rack and pinion elements, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the rack elements of Lee with that of Li and provide the plurality of first protrusions, respectively and independently planted in a plurality of first holes formed in the first rail at equal intervals in the motion direction on the first opposite side other than the first raceway surface; a plurality of second protrusions, respectively and independently planted in a plurality of second holes formed in the second rail at equal intervals in the motion direction on the second opposite side other than the second raceway surface for the purpose of allowing an individual tooth to be replaced due to damage or wear while keeping the cost small.
Re clm 2, Lee further discloses a gap (space between 110 and 120, Fig. 9) is defined between the first opposite side of the first rail and the second opposite side of the second rail, each of the plurality of first protrusions extends toward the second opposite side (the protrusions extend in all three dimensional directions), each of the plurality of second protrusions extends toward the first opposite side, and each of the plurality of first protrusions and each of the plurality of second protrusions each have a protruding length less than the gap (shown in Fig. 9).
Re clm 3, the improvement of Li further discloses each of the plurality of first protrusions and each of the plurality of second protrusions are cylindrical (4, Fig. 1-2).
Re clm 5, Lee further discloses the motion direction is straight (Fig. 5).
Re clm 6, Lee further discloses the retainer has an accommodating space (151, Fig. 7), an axle (circular portion of retainer just inside toothed wheel 155) is provided in the accommodating space, the toothed wheel is pivotally connected to the axle in the accommodating space, and the toothed wheel partially extends out of the retainer (as shown in Fig. 6).
Re clm 7, Lee in view of Li further discloses a first interval between each pair of adjacent protrusions of the plurality of first protrusions corresponds to a tooth pitch of the toothed wheel, and a second interval between each pair of adjacent protrusions of the plurality of second protrusions corresponds to the tooth pitch of the toothed wheel.
Response to Arguments
Applicant's arguments filed 17 April 2026 have been fully considered but they are not persuasive.
Applicant argues that since Lee and Zhao disclose teeth fixed together as unit, one of ordinary skill in the art would not have found it obvious to modify the references with Li. Applicant is attacking the references individually. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As admitted by Applicant, the rack of Zhao and Lee is analogous to the rack formed in Li. It is clear based on the text of Li, that the teeth are individually formed. The entire purpose of the rack design of Li is to make the individual teeth replaceable at low cost. Applicant’s inventive concept of a rack formed by individually planted pins/protrusions is disclosed in Li. It would be obvious to provide this rack design into any known device with a rack. Li is only used to teach a rack design in which the pins are planted in a bar/rail/substrate to form individual teeth not formed of an integral member. One of ordinary skill in the art would look at Zhao and/or Lee in view of Li and realize the integral rack design of Zhao/Lee could be simply substituted by replacing the integral rack arrangement of Zhao/Lee with individually planted pins/protrusions as in Li. Zhao/Lee already disclose the location of the rack (on the rail), thus there is no need for Li to disclose this feature.
Applicant argues that Li is unclear about the means of fixation and it is not clear that the pins 4 are planted in holes and that it is at least as likely they are integrally formed with the rack 3 or they are attached to the surface of the rack by adhesive or similar methods. Applicant’s argument is erroneous for a number of reasons. Firstly, the term “planted” is not defined anywhere in Applicant’s disclosure and is thus interpreted to simply mean “put in a hole”. Applicant’s language in no way precludes the use of welding or adhesive. Furthermore, the pins cannot be “integrally formed” with rail 3 as argued by Applicant since Li expressly states “the drive pin 4 passes through the rack 3” and “the individual drive pin can be directly replaced”. An integral design is not capable of this language. While the examiner believes it is clear that “direct replacement” and “maintenance is simple” contradict the possibility of welding or adhesives, the argument is irrelevant since the claims do not recite limitations that prevent welding or adhesive. Furthermore, Applicant’s own invention discloses using adhesive in paragraph [0034].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN B WAITS whose telephone number is (571)270-3664. The examiner can normally be reached Monday-Thursday from 6-4 EST.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617
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