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 § 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) 1, 7-10, 12-19 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Thomas et al. (USP 11697340).
Regarding claim 1, Thomas et al. discloses a portal gear box assembly (fig.3) for use with a vehicle having an axle, an upper suspension component, a lower suspension component, the portal gear box assembly comprising:
a housing (fig.3, 42) comprising a rear wall (wall formed at rear of 42, see annotated figure), a upper mounting bracket (fig.4, bracket for 28) extending rearwardly from the rear wall adapted to receive the upper suspension component, a lower mounting bracket (fig.4, bracket for 29) extending rearwardly from the rear wall adapted to receive the lower suspension component and a side wall (seen in figures, side wall forming wall that surrounds the gearing) extending forwardly from the rear wall, wherein the rear wall defines a first opening (fig.4, opening for axle 51) adapted to receive the axle, wherein the housing defines an internal recess bounded by the rear wall and the side wall (seen in fig.3), wherein the rear wall, the side wall, the upper mounting bracket and the lower mounting bracket are unitarily constructed from a single piece of material (readily seen in both fig.3 and fig.4, 42 forms the unitary housing);
a cover (fig.3, 44 forms the cover) comprising a front wall (seen in fig.3) and defining a second opening (opening for 52, 50), wherein the cover is adapted to mate with the housing to enclose the internal recess;
an output shaft (52) extending through the second opening; and
a linking mechanism (fig.3, gears 54, 55, 56) adapted to rotationally link the axle to the output shaft, wherein the linking mechanism is positioned within the internal recess of the housing (seen in figures).
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Regarding claim 7, Thomas et al. discloses the portal gear box assembly of claim 1, wherein the linking mechanism comprises an input gear (54) adapted to rotationally couple to the axle, an output gear (56) rotationally coupled to the output shaft and an idler gear (55 or 55’) that rotationally links the input gear to the output gear.
Regarding claim 8, Thomas et al. discloses the portal gear box assembly of claim 1, wherein the upper and lower mounting brackets are vertically aligned (seen in fig.4).
Regarding claim 9, Thomas et al. discloses the portal gear box assembly of claim 1, wherein the upper mounting bracket is positioned above the first opening and the lower mounting bracket is positioned below the first opening (seen in fig.4).
Regarding claim 10, Thomas et al. discloses the portal gear box assembly of claim 1, further comprising a steering mounting bracket ( 27 or 10) extending rearwardly from the rear wall adapted to receive a steering linkage of the vehicle.
Regarding claim 12, Thomas et al. discloses the portal gear box assembly of claim 1, wherein the cover mates with the side wall of the housing (seen in fig.3).
Regarding claim 13, Thomas et al. discloses the portal gear box assembly of claim 10, wherein the side wall defines a plurality of threaded holes (readily seen in fig.3) and the cover defines a plurality of bolt openings aligned with the plurality of threaded holes when the cover is mated to the housing (the two housings mate via the threaded bolt openings and threaded holes readily seen in fig.3).
Regarding claim 14, Thomas et al. discloses the portal gear box assembly of claim 1, wherein the linking mechanism is positioned entirely within the internal recess of the housing (evident from figures 2 and 3; the gears would be positioned inside housing 42 and are closed by cover plate 44).
Regarding claim 15, Thomas et al. discloses the portal gear box assembly of claim 1, wherein the side wall extends from an outer periphery of the rear wall (see fig.3).
Regarding claim 16, Thomas et al. discloses the portal gear box assembly of claim 15, wherein the side wall defines an irregular thickness around an outer periphery of the side wall (seen in fig.3, its irregular and further has bumps formed by the threaded bolt holes).
Regarding claim 17, Thomas et al. discloses the portal gear box assembly of claim 16, wherein the internal recess defines an irregular shape configured to receive the linking mechanism (seen in fig.3).
Regarding claim 18, Thomas et al. discloses the portal gear box assembly of claim 17, wherein an inner wall of the side wall comprises concave portions and convex portions (readily seen in areas of the bolt holes and between them).
Regarding claim 19, Thomas et al. discloses the portal gear box assembly of claim 17, where the side wall comprises thick portions that define threaded holes adapted to receive bolts that secure the cover to the housing and thin portions that are too thin to receive the same sized threaded hole (these portions are readily seen in fig.3, housing 42 has said portions).
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) 1-10, 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirley (USP 8985264) in view of Wood (WO 2018140774 A1).
Regarding claim 1, Shirley discloses a portal gear box assembly (fig.2, combination of 11, 41 and 42) for use with a vehicle having an axle, an upper suspension component, a lower suspension component, the portal gear box assembly comprising:
a housing (fig.2, 41) comprising a rear wall (wall 43), a upper mounting bracket (fig.2, 16) extending rearwardly from the rear wall adapted to receive the upper suspension component, a lower mounting bracket (fig.2, bracket 17) extending rearwardly from the rear wall adapted to receive the lower suspension component and a side wall (seen in figures, side wall 44 forming wall that surrounds the gearing) extending forwardly from the rear wall, wherein the rear wall defines a first opening (fig.2, opening for axle 57) adapted to receive the axle, wherein the housing defines an internal recess bounded by the rear wall and the side wall (seen in fig.2).
a cover (fig.2, 42) comprising a front wall (seen in fig.2) and defining a second opening (opening 71), wherein the cover is adapted to mate with the housing to enclose the internal recess;
an output shaft (72) extending through the second opening; and
a linking mechanism (fig.2, gears seen therein) adapted to rotationally link the axle to the output shaft, wherein the linking mechanism is positioned within the internal recess of the housing (seen in figures).
Shirley et al. fails to explicitly disclose wherein the rear wall, the side wall, the upper mounting bracket and the lower mounting bracket are unitarily constructed from a single piece of material.
Wood teaches and/or suggests the concept of providing a portal gear box assembly which utilizes a housing having a rear wall, the side wall, the upper mounting bracket and the lower mounting bracket are unitarily constructed from a single piece of material (as readily seen in fig.4a, 4b; housing 124 forms a single piece housing assembly to house the portal gears or linking mechanism).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the multipart housing and bracket assembly disclosed in Shirley to be made of a one piece or single material configuration, such as is taught/suggested in Wood in order to provide the predictable result of providing a housing that is far more durable and sturdier and would last a lot longer than a multi-part assembly. It is well known in the mechanical arts that assemblies that were once a multi part structure could readily be adapted to be monolithic and vice versa. There’s a lot more evidentiary references within the field of portal axles to support this concept of having a one piece design of the rear/bracket housing 1. There is no difficulty to one having ordinary skill in the art to modify these arrangements, especially considering it is known to work between the two different types, modular versus single piece.
Regarding claim 2, Shirley et al. discloses the portal gear box assembly of claim 1, wherein the housing further defines a first circular recess (fig.3, recess 51) on the forward side of the rear wall extending around the first opening (evident in figures).
Regarding claim 3, Shirley et al. discloses the portal gear box assembly of claim 2, wherein the housing further defines a second circular recess (fig.3, 52) on the forward side of the rear wall spaced apart from the first circular recess, wherein the second circular recess is aligned with an axis extending through the second opening (seen in fig.3).
Regarding claim 4, Shirley et al. discloses the portal gear box assembly of claim 3, wherein the housing further defines a third circular recess (as described in col.2, lines 52-54; a circular recess for the bearing of the idler gear would exist in the wall) on the forward side of the rear wall spaced apart from both the first and second circular recess.
Regarding claim 5, Shirley et al. discloses the portal gear box assembly of claim 4, wherein the linking mechanism comprises an input gear (46) adapted to rotationally couple to the axle, an output gear (48) rotationally coupled to the output shaft and an idler gear (47) that rotationally links the input gear to the output gear, wherein the idler gear is aligned with the third circular recess (seen in figures).
Regarding claim 6, Shirley et al. discloses the portal gear box assembly of claim 5, wherein the input gear is aligned with the first circular recess and the output gear is aligned with the second circular recess (seen in figures).
Regarding claim 7, Shirley et al. discloses the portal gear box assembly of claim 1, wherein the linking mechanism comprises an input gear (46) adapted to rotationally couple to the axle, an output gear (48) rotationally coupled to the output shaft and an idler gear (47) that rotationally links the input gear to the output gear.
Regarding claim 8, Shirley et al. discloses the portal gear box assembly of claim 1, wherein the upper and lower mounting brackets are vertically aligned (seen in fig.2, brackets 16, 17 are vertically aligned).
Regarding claim 9, Shirley et al. discloses the portal gear box assembly of claim 1, wherein the upper mounting bracket is positioned above the first opening and the lower mounting bracket is positioned below the first opening (seen in fig.2).
Regarding claim 10, Shirley et al. discloses the portal gear box assembly of claim 1, further comprising a steering mounting bracket (fig.2, 20) extending rearwardly from the rear wall adapted to receive a steering linkage of the vehicle.
Regarding claim 12, Shirley et al. discloses the portal gear box assembly of claim 1, wherein the cover mates with the side wall of the housing (seen in fig.2, cover 42 mates with sidewall of housing 41).
Regarding claim 13, the combination discloses the portal gear box assembly of claim 10, wherein the side wall defines a plurality of threaded holes and the cover defines a plurality of bolt openings aligned with the plurality of threaded holes when the cover is mated to the housing (Shirley as originally disclosed utilized bolt holes because the bolts were designed to penetrate through all the housing parts, however, in light of the modification with Wood, the one piece housing would necessarily comprise threaded holes to allow the cover to fasten thereto; furthermore the use of threaded holes is very old and well known in the art).
Regarding claim 14, Shirley et al. discloses the portal gear box assembly of claim 1, wherein the linking mechanism is positioned entirely within the internal recess of the housing (seen in fig.2, the gears fit entirely within the housing).
Regarding claim 15, Shirley et al. discloses the portal gear box assembly of claim 1, wherein the side wall extends from an outer periphery of the rear wall (see fig.2, the sidewall 44 extends from the periphery of the rear wall).
Regarding claim 16, Shirley et al. discloses the portal gear box assembly of claim 15, wherein the side wall defines an irregular thickness around an outer periphery of the side wall (seen in fig.2, its irregular and further has bumps formed by the threaded bolt holes).
Regarding claim 17, Shirley et al. discloses the portal gear box assembly of claim 16, wherein the internal recess defines an irregular shape configured to receive the linking mechanism (seen in fig.2).
Regarding claim 18, Shirley et al. discloses the portal gear box assembly of claim 17, wherein an inner wall of the side wall comprises concave portions and convex portions (readily seen in areas of the bolt holes and between them).
Regarding claim 19, Shirley et al. discloses the portal gear box assembly of claim 17, where the side wall comprises thick portions that define threaded holes adapted to receive bolts that secure the cover to the housing and thin portions that are too thin to receive the same sized threaded hole (these portions are readily seen in fig.2, housing 41 has said portions).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirley (USP 8985264) in view of Wood (WO 2018140774 A1), as applied to claim 1 above, and further in view of Eaton et al. (USpgpub 20170097084).
Regarding claim 11, Shirley fail to disclose wherein the upper and lower mounting brackets each comprise slotted bracket arms defining a transverse bolt hole passing therethrough adapted to receive a bolt.
Eaton et al. teaches and/or suggests the use of slotted bracket arms (which comprise a pair of clamping arms with a horizontal aperture) for a similar portal hub (see fig.2, slotted bracket arms 70).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substituted the known bracket disclosed in Shirley et al. which isn't slotted with a known slotted bracket arm taught or suggested by Eaton et al. The Supreme Court in KSR International Co. V. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395- 97 (2007) identified that the simple substitution of one known element for another to obtain predictable results is a rationale that supports a conclusion of obviousness. See MPEP 2143. In this case, the simple substitution would have produced the same predictable results of securely fastening the suspension of the vehicle to the portal hub. This simply one of many known brackets and connections used in the portal hub field. In addition, the modification could be done with reasonable expectation of success since one having ordinary skill in the art understands that these brackets and connections can be tailored to the specifics of the vehicle in which the portal gearbox is to be installed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art contains numerous examples of other prior art that could readily apply as 102 references for at least independent claim 1, some of which include USP 7909127 and even WO 2018140774. Furthermore, there are other possible combinations of teaching references depending on the scope of the claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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/THOMAS C DIAZ/Primary Examiner, Art Unit 3617
1 USP 11697340, USP 7909127, USpgpub 20200139810; all support this idea.