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 .
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 12/25/2024 has been considered by the examiner.
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.
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.
Claim 5 is 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 5 recites “the second clamping groove” in the last line of the claim, which is unclear and renders the claim indefinite. Specifically, “two turns of side by side annular second clamping grooves” are previously claimed, and it is unclear which groove the recitation of “the second clamping groove” is referring to.
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.
Claim(s) 1and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN201003573 (hereinafter D1).
D1 discloses a disengageable gearbox for an electric pallet truck, comprising: a box body (2) and a box cover (5) assembled with the box body, wherein the box body and the box cover are assembled to form a mounting chamber; a gear set (see Fig. 2) is mounted in the box body and a disengagement mechanism (6/7) is provided in the gear set; the disengagement mechanism achieves engagement or disengagement of the gear set, so that the gear set has a function of transmitting torque output or terminating torque output; the disengagement mechanism comprises a key sleeve (7), an inner key (axial spline considered inner key) of the key sleeve is engaged with a key shaft (12), and an outer key (see Fig. 2, outer key of element 7 shown engaged with gear 3) of the key sleeve is engaged with a keyway (see Fig. 2, keyway considered portion of 3 that receives outer key of 7) in a transmitting gear (3); and the key sleeve is movable on the key shaft along an axial direction; and when the outer key of the key sleeve is disengaged from the keyway in the transmitting gear, torque is not transmitted between the transmitting gear and the key sleeve; wherein a middle of an outer surface of the key sleeve is depressed to form an annular first clamping groove (see Fig. 2); the disengageable gearbox for an electric pallet truck further comprises a shifting column (11); the shifting column is rod-shaped, and a tail end of the shifting column passes through the box cover and is inserted into the box body (see Fig. 2); and a shifting fork (4) is fixed on the shifting column, the shifting fork comprises two fork legs, an arc-shaped first notch is provided between the two fork legs (not shown, but is a necessary feature of a shift fork to interface with the groove in an actuated clutch member), and a top of the shifting fork is provided with a shaft hole (see Fig. 2) for inserting the shifting column for fixing; and the two fork legs of the shifting fork clamp the first clamping groove in the key sleeve; the shifting column drives the shifting fork to move, and the shifting fork synchronously drives the key sleeve to move on the key shaft to achieve disassembling or assembling of the key sleeve and the transmitting gear.
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(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN201003573 (hereinafter D1) in view of USPN 2,942,490 to Riley, Jr et al (hereinafter Riley).
D1 does not disclose wherein a surface of a head end of the shifting column is provided with a run-through first hanging hole, and a handle is provided in the first hanging hole.
Riley discloses wherein a surface of a head end of the shifting column is provided with a run-through first hanging hole (where 63 is located), and a handle (35) is provided in the first hanging hole.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to have modified the gearbox of D1 to have a handle on the end of the shifting column, in order to allow manual shifting of the key sleeve.
D1 and Riley do not disclose the handle is a pull ring.
One of ordinary skill in the art would have recognized that selection of the shape of the handle is a matter of engineering design, suited to the intended use of the device.
As such, it would have been obvious to one having ordinary skill in the art at the time the application was filed to make the different portions of the handle of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results.
Allowable Subject Matter
Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618