DETAILED ACTION
The following is a response to the amendment filed 6/29/2026 which has been entered.
Response to Amendment
Claims 21-25 and 43-59 are pending in the application. Claims 26-42 are cancelled.
-The restriction requirement has been withdrawn due to applicant cancelling claims 26-42.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
-Applicant’s argument pertaining to “Yates '989 expressly identifies element 8 as the casing of a drive transmission. See Yates '989 col. 2, lines 22-30. The Office Action does not identify any disclosure in Yates '989 that casing 8 is coupled to one of the planetary gears that casing 8 houses, nor does the Office Action identify any disclosure that casing 8 is rotatable relative to mounting brackets. Indeed, Yates '989 does not disclose any mounting brackets at all, let alone mounting brackets corresponding to those recited in claim 21.” has been acknowledged. However, Figure 3 in Yates does show element 8 having opposite sides (one side surrounding element 4 and the other side surrounding element 34) in which those sides can be considered “mounting brackets” due to the sides “supporting or setting” the components within. Also claim 21 doesn’t recite any characteristics about the brackets of present invention that would distinguish them from the sides of element 8 in Yates. Further, the examiner indicates in office action that the combination of elements 42, 44, 46 (considered housing) are rotatable to element 8 via elements 20 and 22 (column 4, lines 4-16 in Yates).
-Applicant’s argument pertaining to “Yates '989 also does not disclose elements 42, 44, and 46 as a housing forming an outer case configured to house the first planetary gear and the second planetary gear. Rather, the Office Action recharacterizes the disclosed end disc 42, collar 44, and bearing 46 as the claimed housing. A person of ordinary skill in the art would not reasonably understand the end disc 42, collar 44, and bearing 46 to be the outer case or housing of the drive transmission, particularly where Yates '989 expressly identifies casing 8 as the casing. The anticipation rejection therefore relies on an unsupported re-labeling of internal drive components rather than an express or inherent disclosure of the claimed housing forming an outer case.
Accordingly, Yates '989 fails to disclose at least the recited housing forming an outer
case configured to house the first planetary gear and the second planetary gear, with that housing being rotatable relative to mounting brackets. Yates '989 therefore fails to anticipate independent claim 21. Claims 22-24 depend directly or indirectly from claim 21 and are patentable at least for the same reasons. Accordingly, it is respectfully requested that the rejection of claims 21-24 be withdrawn.” has been acknowledged. However, applicant is referring to the description in Yates pertaining to Figure 1. Examiner disclosed in office action that Figure 3 in Yates is being used in rejection in which element 42 is an end ring, element 44 is an end ring and element 46 is an outer drum (column 3, line 53 to column 4, line 61 in Yates).
-Applicant’s argument pertaining to “Claim 25 depends from claim 21 and therefore includes all limitations of claim 21. As discussed above, Yates '989 fails to teach or suggest the claimed mounting brackets and housing arranged as recited in claim 21. The Office Action does not rely on Guerdan or Yates '230 to cure those deficiencies. Rather, Guerdan and Yates '230 are applied for features concerning opposite rotational directions of the output shafts. Accordingly, even if Guerdan and Yates '230 were combined with Yates '989, the resulting combination would still fail to teach or suggest all limitations of claim 25. For at least these reasons, the applied combination fails to teach or suggest all limitations of claim 25. Accordingly, it is respectfully requested that the rejection of claim 25 be withdrawn.” has been acknowledged. However, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, based on Yates already disclosing the elements as recited in claims 21-24, Yates ‘230 and Guerdan was used to show that it is well known in the art to provide similar output shafts (as used in Yates ‘989) with contra-rotation which increases operating efficiency of gear drive to ensure equal torque output loading through the gear drive.
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 47 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 47 recites the limitation “an intermediate member aligned with the first rotational input and the first rotational output, the intermediate member being coupled to a sun gear of the third planetary gear and the carrier of the second planetary gear.”. However, Figure 6B in drawings and paragraph [0051] in specification show and describe that the intermediate member 608 is coupled to the carrier 630 of the first planetary gear and not the carrier of second planetary gear as recited, please clarify and amend accordingly.
Claim Rejections - 35 USC § 102
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 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) 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yates et al 5083989 (previously cited). As to claim 21, Yates discloses a gear drive (Figure 3) comprising: mounting brackets (via opposite sides of 8) configured to mount the gear drive to a component (electric motor) that is stationary relative to the gear drive; a first planetary gear (can be either 10 or 12); a second planetary gear (10 or 12) coupled to the first planetary gear; and a housing (42, 44, 46) forming an outer case configured to house the first planetary gear and the second planetary gear, the housing being rotatable relative to the mounting brackets (via output from 20 or 22; column 4, lines 4-16), and the housing being coupled to one of the first planetary gear (22 via 42 or 20 via 46) or the second planetary gear (22 via 42 or 20 via 46).
As to claim 22, wherein the housing comprises a surface (axial extension of 42 indirectly interfacing with electric motor via 8) configured to interface with a brake or generator (electric motors are well known in the art to generate electrical energy for operational output) to control a rotation of the housing relative to the mounting brackets.
As to claim 23, further comprising: a first carrier (22 or 24) of the first planetary gear coupled to a second ring gear (18 or 20) of the second planetary gear; and a first ring gear (18 or 20) of the first planetary gear coupled to a second carrier (22 or 24) of the second planetary gear, the first ring gear coupled to the housing (18 is indirectly coupled to housing via engagement with 26 to 22 to 42 or 20 is directly coupled to housing via 46).
As to claim 24, further comprising: a first sun gear (14 or 16) of the first planetary gear coupled to a first output shaft (4 or 6; these shafts can be considered output due to receiving output motion from electric motor; column 3, lines 54-58); and a second sun gear (14 or 16) of the second planetary gear coupled to a second output shaft (4 or 6).
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) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yates in view of Guerdan et al 2462182 and Yates et al 5087230 (all previously cited). Yates '989 shows that it is well known in the art to provide a first and second output shaft (via 32, 34) having opposite rotational directions; however, Yates doesn't explicitly disclose that the first and second outputs coupled to the sun gears (14, 16) rotate in opposite directions.
Yates '230 discloses a gear drive and shows that it is well known in the art to provide opposite rotational output to first and second shafts (2 and 4) from an electric motor.
Guerdan discloses a contra-rotating electric motor and shows that it is well known in the art to provide opposite rotational output to first and second shafts (15 and 16) from an electric motor.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the sun gear output shafts in Yates '989 with opposite rotational directions in view of Yates '230 and Guerdan from the electric motor to increase operating efficiency of gear drive by having electric motor initially output the counter rotation per shaft to ensure equal torque output loading through the gear drive.
Claim Rejections - 35 USC § 102
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 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) 43 and 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bancroft 3188884. As to claim 43, Bancroft discloses a gear drive comprising: a first rotational input (43, 44) on a first end of the gear drive; a first rotational output (57) on a second end of the gear drive, the first rotational output aligned (via same rotating axis) with the first rotational input; a second rotational output (85) being concentric with and surrounding the first rotational output; a third rotational output (64a) being concentric with and surrounding the second rotational output; a first planetary gear comprising a sun gear (56) coupled to the first rotational output; a second planetary gear comprising a sun gear (99) coupled to (via 100) the second rotational output and a carrier (64) coupled to the third rotational output; and a third planetary gear comprising a carrier (via 48) that is coupled to (via 46) the first rotational input.
As to claim 44, wherein the first rotational output is configured to rotate in a first direction and the second rotational output is configured to rotate in a second direction opposite the first direction (column 5, lines 54-58 describes that 57 and 64a rotate in opposite directions which means that 85 would be rotating in opposite direction to 57 if 85 is rotating with 64a (column 6, lines 61-63)).
Claim(s) 43 and 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hanyu et al 20020036106 (Figure 11). As to claim 43, Hanyu discloses a gear drive comprising: a first rotational input (extension as shown between 131 and 137) on a first end of the gear drive; a first rotational output (extension as shown between sun gear of 136 to 113) on a second end of the gear drive, the first rotational output aligned (via same rotating axis) with the first rotational input; a second rotational output (extension as shown between sun gear of 135 to 112) being concentric with and surrounding the first rotational output; a third rotational output (via transfer gear extending from carrier of 135) being concentric with and surrounding the second rotational output; a first planetary gear (136) comprising a sun gear coupled to the first rotational output; a second planetary gear (135) comprising a sun gear coupled to the second rotational output and a carrier coupled to the third rotational output; and a third planetary gear (137) comprising a carrier that is coupled to the first rotational input.
As to claim 44, wherein the first rotational output is configured to rotate in a first direction and the second rotational output is configured to rotate in a second direction opposite the first direction (Figure 2 shows that the outputs (wa, wv, wb) are well known in art to rotate in opposite directions based on kinetic energy conversion for example).
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) 46 and 48-59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanyu et al Figure 11 in view of Hanyu et al Figures 9 and 10. As to claims 46 and 48, Hanyu discloses a gear drive comprising: a first rotational input (extension as shown between 131 and 137) on a first end of the gear drive; an intermediate member (extension between sun gear of 137 to carrier of 136) aligned (via same rotating axis) with the first rotational input; a first rotational output (extension as shown between sun gear of 136 to 113) aligned with the intermediate member (via same rotating axis) on a second end of the gear drive; a second rotational output (extension as shown between sun gear of 135 to 112) being concentric with and surrounding the first rotational output; a first planetary gear (136) comprising a carrier coupled to the intermediate member and a sun gear coupled to the first rotational output; a second planetary gear (135) comprising a sun gear coupled to the second rotational output; and a third planetary gear (137) comprising a carrier coupled to the first rotational input and a sun gear coupled to the intermediate member. However, Hanyu in Figure 11 doesn’t disclose the second planetary gear having a ring gear coupled to the carrier of the first planetary gear.
Hanyu discloses in Figures 9 and 10 a first (116, 126) and second (115, 125) planetary gear having same connections as the first and second planetary gears in Figure 11 and shows that it is well known in the art to have the ring gear of the second planetary gear (i.e., 115r) coupled to the carrier of the first planetary gear (i.e., 116p; [0067]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a coupling connection in Figure 11 between the ring gear of the second planetary gear and the carrier of the first planetary gear in view of Figures 9 and 10 to provide additional gear ratios between the input to output of gear drive which further increases operating efficiency of gear drive.
As to claim 49, wherein the second planetary gear comprises a carrier coupled to a third rotational output (via transfer gear extending from carrier of 135).
As to claim 50, wherein the third rotational output is concentric with and surrounds the second rotational output (via transfer gear extending from carrier of 135).
As to claim 51, further comprising a housing forming an outer case (as shown in Figure 12 via 145) configured to house the first planetary gear and the second planetary gear, the housing coupled to the carrier of the second planetary gear and to the third rotational output (it would be obvious that all components within 145 would be considered coupled to housing by being disposed within and coupled to housing via bearing/shaft structures).
As to claim 52, wherein the first planetary gear comprises a ring gear coupled to the housing (it would be obvious that all components within 145 would be considered coupled to housing by being disposed within and coupled to housing via bearing/shaft structures).
As to claim 53, wherein the third planetary gear (137) is positioned on a side of the first planetary gear (136) opposite the second planetary gear (135).
As to claim 54, Hanyu discloses a gear drive comprising: a housing forming an outer case (as shown in Figure 12 via 145); a first rotational input (extension as shown between 131 and 137) on a first end of the gear drive; an intermediate member (extension between sun gear of 137 to carrier of 136) aligned (via same rotating axis) with the first rotational input; a first rotational output (extension as shown between sun gear of 136 to 113) aligned with the intermediate member (via same rotating axis) on a second end of the gear drive; a second rotational output (extension as shown between sun gear of 135 to 112); a first planetary gear (136), a second planetary gear (135), and a third planetary gear (137) disposed at least partially within the housing; a carrier of the third planetary gear (137) being coupled to the first rotational input; a sun gear of the third planetary gear (137) being coupled to the intermediate member; a carrier of the first planetary gear (136) being coupled to the intermediate member; a sun gear of the first planetary gear (136) being coupled to the first rotational output; a sun gear of the second planetary gear (135) being coupled to the second rotational output; and a ring gear of the first planetary gear (136) and a carrier of the second planetary gear (135) being coupled to the housing (it would be obvious that all components within 145 would be considered coupled to housing by being disposed within and coupled to housing via bearing/shaft structures). However, Hanyu in Figure 11 doesn’t disclose the carrier of the first planetary gear being coupled to a ring gear of the second planetary gear.
Hanyu discloses in Figures 9 and 10 a first (116, 126) and second (115, 125) planetary gear having same connections as the first and second planetary gears in Figure 11 and shows that it is well known in the art to have the ring gear of the second planetary gear (i.e., 115r) coupled to the carrier of the first planetary gear (i.e., 116p; [0067]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a coupling connection in Figure 11 between the ring gear of the second planetary gear and the carrier of the first planetary gear in view of Figures 9 and 10 to provide additional gear ratios between the input to output of gear drive which further increases operating efficiency of gear drive.
As to claim 55, wherein the second rotational output is concentric with and surrounds the first rotational output (extension as shown between sun gear of 135 to 112).
As to claim 56, further comprising a third rotational output coupled to the carrier of the second planetary gear (via transfer gear extending from carrier of 135).
As to claim 57, wherein the third rotational output is coupled to the housing (it would be obvious that all components within 145 would be considered coupled to housing by being disposed within and coupled to housing via bearing/shaft structures).
As to claim 58, wherein the third rotational output is concentric with and surrounds the second rotational output (via transfer gear extending from carrier of 135).
As to claim 59, wherein the first rotational output is configured to rotate in a first direction and the second rotational output is configured to rotate in a second direction opposite the first direction based on rotation of the first rotational input (Figure 2 shows that the outputs (wa, wv, wb) are well known in art to rotate in opposite directions based on kinetic energy conversion for example).
Allowable Subject Matter
Claim 45 is 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. Note: due to 112(b) rejection above, claim 47 isn’t considered allowable at this time.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-(as to claim 45 in combination with claim 43 exactly as written)…….a housing forming an outer case configured to house the first planetary gear and the second planetary gear, the housing “being rotatable” and coupled to the carrier of the second planetary gear and to the third rotational output.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-GB 421889 (Figure 1); Kota et al 5423726 (Figures 1-2); Hewko 3252355 (Figures 4); Bade 2700311 (Figure 1) and Steele 1921893 (Figure 3) all show that it is well known in the art to provide a gear drive having first, second and third planetary gears for counter-rotating drives in which some of the cited prior art seems to meet limitations of at least claims 21-25.
Applicant's amendment (addition of new claims 43-59) 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 TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 September 2, 2026
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