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 § 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.
Claim 6 is 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. The specification has no mention of how the axial movement joint is laterally constrained relative to the frame. Appropriate clarification is needed. No new matter may be entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1 – 8, 10 – 15, and 17 – 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olason, JR. U.S. 2021/0293283 (“Olason”) in view of Welschof et al. U.S. 6,390,928 (“Welschof”). Olason discloses a recreational vehicle (paragraph [0001]) comprising:
a frame [0003];
a plurality of trailing arms (38, fig. 4);
a plurality of ground engaging members (50), each ground engaging member including a wheel [0045], wherein at least one wheel is secured to the frame via one of the trailing arms (fig. 4);
an engine (86);
a driveline (350) connected to the engine;
a half-shaft assembly [0059] configured to communicate power from the driveline to one of the plurality of wheels, the half-shaft assembly comprising:
an axial movement joint (fig. 11D) having: a first shaft (609) and a second shaft (564), wherein rotational input received on the first shaft is communicated to the second shaft, and wherein the axial movement joint allows axial movement of the first shaft relative to the second shaft, the axial movement joint that accommodates axial movement of the first shaft relative to the second shaft, wherein either the first shaft or the second shaft is at least partially hollow (second shaft of fig. 11D); and
a plurality of ball bearings (fig. 11E) retained within a cage (611) positioned between the first shaft and the second shaft to allow axial plunge or movement of the second shaft relative to the first shaft;
a first constant velocity (CV) joint (550) coupled to transmit rotational input received from the driveline to the first shaft, the first CV joint having a first CV boot cover (610); and
a second CV joint (560) coupled to transmit rotational output received from the second shaft to one of the plurality of wheels, the second CV joint having a second CV boot cover (612). Olason does not disclose a (separate) axial boot cover. Welschof teaches an axial boot cover (452, or fig. 3) coupled on a first end (172, fig. 2 or 3) to the first shaft and on a second end (left, fig. 2 or 3) to the second shaft (at 38). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Olason such that it comprised the axial boot cover in view of the teachings of Welschof obvious so as to provide an alternative arrangement old and well known in the art to the interchangeable with the current Olason arrangement (fig. 11E of Olason is similar to Welschof, fig. 1) with predictable results of protecting the sleeve joint (column 5, line 23).
In reference to claims 2 – 8, 10, and 11, Welschof further teaches [[claim 2]] the first shaft is an at least partially hollow shaft (Welschof embodiment of fig. 3), and wherein the second shaft moves axially within the hollow portion of the first shaft; and
[[claim 3]] wherein the first shaft (hollow in embodiments of fig. 1, 2, and 5) includes a larger diameter portion (near 16) and a small diameter portion (near 30), wherein the second shaft is configured to slide axially within the larger diameter portion of the first shaft. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Olason such that it comprised the narrow portion of embodiments of fig. 1, 2, and 5 of Welschof obvious so as to provide a stopping portion or a limit in which the two shafts are telescopically compressed with one another.
In reference to claims 4 – 8, 10, and 11, Olason in view of Welschof further discloses [[claim 4]] the second shaft is an at least partially hollow shaft (as modified by fig. 1, 2, and 5), and wherein the first shaft moves axially within the hollow portion of the second shaft;
[[claim 5]] wherein the second shaft includes a larger diameter portion (near 36) and a small diameter portion (near 30), wherein the first shaft is configured to slide axially within the larger diameter portion of the second shaft;
[[claim 6]] wherein the axial movement joint is laterally constrained relative to the frame (fixed distances);
[[claim 7]] wherein an interior of the axial boot cover (fig. 2) is in fluid communication with an at least partially hollow portion of the first shaft or the second shaft;
[[claim 8]] wherein either the first shaft or the second shaft is fully hollow (second shaft), and wherein the interior of the axial boot cover is in fluid communication with an interior of either the first CV boot cover or the second CV boot cover via the hollow shaft (second CV boot, fig. 1);
[[claim 10]] wherein the first CV joint and the second CV joint accommodate only angular deflections (α) and the axial movement joint accommodates only linear deflections (47); and
[[claim 11]] wherein the first CV boot cover and the second CV boot cover accommodate angular deflections (α) and the axial boot cover accommodates linear deflections (47).
In reference to claim 12, Olason discloses a recreational vehicle [0001] comprising:
a frame (abstract);
a plurality of trailing arms (fig. 4);
a plurality of ground engaging members (50), each ground engaging member including a wheel [0045], wherein at least one wheel is secured to the frame via one of the trailing arms (fig. 4);
an engine (86);
a driveline (350) connected to the engine; and
a half-shaft assembly (fig. 9) configured to communicate power from the driveline to one of the plurality of wheels, the half-shaft assembly comprising a first constant velocity (CV) joint (abstract) having a CV housing (abstract), a plurality of ball bearings (fig. 11E), a cage (611), and an inner race (fig. 11E);
a first shaft (609) having a first end (near 620) and a second end (near 564), the first end coupled to the inner race of the first CV joint;
a first CV boot cover (610) having a first end (near 620) and a second end (near 611), the first end secured to the CV housing of the first CV joint;
a second CV joint (560) having a CV housing (abstract), a plurality of ball bearings (fig. 11E), a cage (fig. 11E), and an inner race (fig. 11E);
a second shaft (564) having a smaller diameter portion (near 612) and a larger diameter portion (611), the smaller diameter portion coupled to the inner race of the second CV joint (fig. 11E), wherein the larger diameter portion of the second shaft is hollow (611), wherein the first shaft and the second shaft allow axial plunge of the second shaft relative to the first shaft, and wherein the axial plunge corresponds to arcuate motion of the trailing arm about a trailing arm pivot axis (fig. 4) such that the axial plunge varies as a function of trailing-arm angular displacement;
a second CV boot cover (612) having a first end (near 640) and a second end (near 564), the first end secured to the CV housing of the second CV joint and the second end secured to the smaller diameter portion of the second shaft (fig. 11E);
a ballspline mechanism (611) that includes a plurality of ball bearings (fig. 11E) retained within a cage (611), wherein the ballspline mechanism is located between an inner surface of the larger diameter portion of the second shaft (611) and an outer surface of the first shaft (609). Olason does not disclose the first CV boot cover having its second end secured to the first shaft or an axial boot cover. Welschof teaches a first CV boot cover (122 or 13) having its second end secured to a first shaft (near 14 or 182) and an axial boot cover (452, or fig. 3) coupled on a first end (172, fig. 2 or 3) to the first shaft and on a second end (left, fig. 2 or 3) to the second shaft (at 38). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Olason such that it comprised the axial boot cover in view of the teachings of Welschof obvious so as to provide an alternative arrangement old and well known in the art to the interchangeable with the current Olason arrangement (fig. 11E of Olason is similar to Welschof, fig. 1) with predictable results of protecting the sleeve joint (column 5, line 23).
In reference to claims 13 - 15, 17, and 18, Olason in view of Welschof further discloses [[claim 13]] the smaller diameter portion of the second shaft is hollow (Welschof, fig. 2);
[[claim 14]] wherein the interior of the axial boot cover is in fluid communication with an interior of the second CV boot cover (fig. 2) via the hollow portions of the second shaft;
[[claim 15]] wherein axial plunge of the first shaft relative to the second shaft is determined by the connection of the trailing arm to the respective wheel (Olason fig. 4);
[[claim 17]] wherein the first CV joint and the second CV joint accommodate only angular deflections and the ballspline mechanism accommodates only linear deflections (fig. 2); and
[[claim 18]] wherein the first CV boot cover and the second CV boot cover accommodate angular deflections and the axial boot cover accommodates linear deflections (fig. 2); and
[[claim 19]] wherein the plurality of trailing arms is laterally constrained relative to the frame (fig. 4).
Claim(s) 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olason in view of Welschof as applied to claims 1, 7, and 12 above, and further in view of Jacob et al. 5,611,733 (“Jacob”). Olason as modified does not disclose both the first shaft and the second shaft are hollow. Jacob teaches a first (27) and second shaft (21) being both hollow, wherein the interior of an axial boot cover (25) is in fluid communication with an interior of the hollow first shaft (fig. 1) and an interior of the hollow second shaft (21). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Olason in view of Welschof such that it comprised both shafts to be hollow in view of the teachings of Jacob obvious so as to reduce the weight and material used for the shafts journals (abstract).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/ Primary Examiner, Art Unit 3614