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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 19 and 26. 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, lines 7-9 recite the limitation “at least the planet carrier of a first one of the planetary gear stages and the planet carrier of a second one of the planetary gear stages are axially braced against one another by the magnetic bias.” The specification and the drawings do not allow one of ordinary skill in the art to make or use the claimed invention. While the Applicant has disclosed first and second magnets (12, 13) that are orientated in such a way as to repel one another, and therefore allow one carrier of the at least two planetary gear stages to be a distance from an axially fixed gear part (16), there is no description that supports “at least the planet carrier of a first one of the planetary gear stages and the planet carrier of a second one of the planetary gear stages [be] axially braced against one another by the magnetic bias.”
Claim 13 recites the limitation “the gear part is axially fixed outside the ring gear.” The specification and the drawings describe the gear part (16) as axially fixed but rotatably arranged within the housing (10) [0047]. There is no description or showing of how the gear part is fixed “outside the ring gear.”
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a first one of the planetary gear stages" in line 7. It appears the Applicant is referring to a first one of the at least two planetary gear stages that is recited in line 2 of claim 1. It is recommended that applicant amend the claim to state – a first one of the at least two planetary gear stages—to make it clear that they are referring to a previously disclosed planetary gear stage, and not an additional gear stage.
Claim 1 recites the limitation "a second one of the planetary gear stages" in line 8. It appears the Applicant is referring to a second one of the at least two planetary gear stages that is recited in line 2 of claim 1. It is recommended that applicant amend the claim to state – a second one of the at least two planetary gear stages—to make it clear that they are referring to a previously disclosed planetary gear stage, and not an additional gear stage.
Claim 8 recites the limitation "a first one of the planetary gear stages" in line 3. It appears the Applicant is referring to a first one of the at least two planetary gear stages that is recited in line 2 of claim 1. It is recommended that applicant amend the claim to state – a first one of the at least two planetary gear stages—to make it clear that they are referring to a previously disclosed planetary gear stage, and not an additional gear stage.
Claim 8 recites the limitation "a second one of the planetary gear stages" in line 6. It appears the Applicant is referring to a second one of the at least two planetary gear stages that is recited in line 2 of claim 1. It is recommended that applicant amend the claim to state – a second one of the at least two planetary gear stages—to make it clear that they are referring to a previously disclosed planetary gear stage, and not an additional gear stage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200088268 A1: Has electromagnetic planetary gear preload to eliminate backlash.
CN 110741181 A: Teaches a magnet (32) that attracts the planetary gear (18) towards it.
US 9512900 B2: Discloses the magnetic force axially urging planet gears. Col. 8, lines 42-45.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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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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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655