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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “localized areas of said one piece body, including said axle tubes, exhibiting varying thicknesses” as set forth in claim 1; 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.
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: 8 and 9.
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 as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 5 and 6.
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.
Specification
The disclosure is objected to because of the following informalities: In paragraphs [0023], reference characters 5 and 6 are not used to denote specific elements of the invention.
In paragraph [0025], reference character “24/26” are improperly described as denoting “leaf springs”. However, these reference characters actually denote leaf spring carriers or mounts.
In paragraph [0035], reference character “64/66” are improperly described as denoting “leaf springs”. However, these reference characters actually denote leaf spring carriers or mounts.
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.
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 1-4 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 is indefinite due to the fact that it is unclear what is actually being claimed by the term “produced” in the phrase “one piece produced aluminum body”. The term “produced” should be removed from this phrase for clarity.
Claim 1 is indefinite due to the fact that the phrase “adapted to receive” in lines 2 and 4 are generally narrative (see section 8 below) and fails to describe any actual physical structure of the invention.
Claim 4 is indefinite due to the fact that the term “via” is generally narrative (see section 8 below) and fails to describe any actual physical structure of the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Santinato et al (10,309,512) in view of Li et al (2005/0093364).
Per claim 1, Santinato et al shows an axle carrier 11 having a body with a central casing 20 that receives a differential unit containing a gear mechanism, along with first 16 and second 18 axle tubes extending from the central casing 20. The axle tubes 16/18 receive drive shafts 50/52. Localized areas (for example, 30a, 30b, 60) of the axle carrier 11 have varying thicknesses.
Per claim 3, the axle carrier 11 may be either a front axle or live rear axle.
Per claim 4, a separate close out cover 15 is attached to the body by bolts 48.
Regrading claim 1, the drawings of Santinato et al appear to show the axle carrier 11, including the axle tubes 16/18, being formed as a one piece body. Santinato et al does not, however, explicitly state this feature. Li et al teaches the use of an axle carrier 10 that may be formed as a one piece body (lines 17-20 of paragraph [0013]), including the axle tubes 15 having integrally formed attachment points. Therefore, from this teaching, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form the axle carrier of Santinato et al as a one piece body, for the purpose of reducing the number of parts of the assembly, which also would prevent leaks.
Regarding claim 1, Santinato et al states that the axle carrier may be formed of a cast metal (column 3, lines 51-52), but does not specify that the cast metal is aluminum. However, Li et al teaches the use of an axle carrier 10 that may be formed from aluminum. Therefore, from this teaching, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form the axle carrier of Santinato et al from a cast aluminum, to reduce the weight of the axle carrier.
Regarding claim 2, Santinato et al discloses that the axle carrier is cast, but does not disclose the type of casting. Li et al discloses the possible use of lost foam casting and not low pressure die casting. However, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form the axle carrier of Santinato et al as modified by Li et al from low pressure die casting, as a substitute equivalent type of casting, dependent upon cost, production volume, etc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references show axle carriers having integrated components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
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