DETAILED ACTION
The present application, filed on 03/05/2025, is being examined under the first inventor to file provisions of the AIA .
The following is a Non-Final Office Action on the merits in response to applicant’s filing from 03/05/2025.
Claims 1-12 are pending and have been considered below.
Priority
The application claims foreign priority to DE 102024106425, filed on 03/06/2024. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/18/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 6, line 1 is objected to because of the following informalities: “the each” should read, “each”. 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.
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 limitation "the elevation is provided in a highest region in cross section and/or the recess is provided in a lowest region in cross section with one respective groove-like cutout". This limitation is unclear and indefinite, because the drawings show that the recess {20} is not in a lowest region in cross section. The drawings show {Figs. 1-2} that the recess {20} is actually in an upper region of the first {17} and second {18} bearing parts. Furthermore, the elevation is not in the highest region in cross section, because the top of member 11+12 above the recess is (Fig. 1), and the recess is above the elevation. Thus, it makes no sense that the lower elevation is in a “highest region”, and the higher recess is in a “lowest region”. Even if a highest and lowest region only referred to each individual part instead of the entire assembly, the recess is not in the highest region of part 11+12. Therefore, this limitation is unclear from the drawings, and the specification does not further explain this or make this clear. Correspondence between the specification and claims is required by 37 CFR 1.75(d)(1), which provides that claim terms must find clear support or antecedent basis in the specification so that the meaning of the terms may be ascertainable by reference to the specification. See MPEP 2173.03.
For purposes of examination, the highest region and lowest regions will be interpreted as the highest and lowest regions of each individual part, not the highest and lowest regions of the entire assembly.
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.
Claims 1-5, and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hochmuth (US 2019/0226562) in view of Boldt (DE 102020/216255).
Regarding claim 1, Hochmuth discloses a spindle drive {1}, comprising:
a spindle {2} having an external thread {5: “The spindle 2 has a ball groove 5, describing a single threading” [0020]}; and
a spindle nut {3} having an internal thread {inner portion of spindle nut 3 housing rolling elements 4 (Fig. 1): “The spindle 2 has a ball groove 5, describing a single threading. In this manner, rotation of the spindle nut 3 is converted to a linear displacement of the spindle along the central axis M” [0020]} being guided on the external thread {5} of the spindle {2},
wherein the spindle nut {3} is rotatable about an axis of rotation {M} and produces, during rotation, by cooperation of the external thread {5} and internal thread {Fig. 1}, a corresponding translational movement of other of the spindle {2: “rotation of the spindle nut 3 is converted to a linear displacement of the spindle along the central axis M” [0020]},
wherein the spindle {2} is axially displaceably guided via a plain bearing {7, 9: “two sliding bearings 7, 9, i.e. radial sliding bearings, for the radial bearing of the spindle 2 in the housing 6, which each have a sliding bearing element 8, 10 in the embodiment shown in FIG. 1” [0021]} along the axis of rotation {M} relative to a fixed structural part {6},
wherein the plain bearing {7, 9} is formed between sliding surfaces {outer surfaces of 8+10, inner surfaces of 6+11 (Fig. 1)} of a first {8+10} and second {6+11} bearing part {8+10; 6+11}, the first bearing part {8+10} being provided on the spindle {2 (8 is provided on spindle 2 from above, 10 is provided on spindle 2 from below, see Fig. 1)} and the second bearing part {6+11} being provided on the fixed structural part {6},
wherein, one of the first and second bearing parts {8+10} is designed in cross section as an elevation {8+10 (Fig. 1)} which protrudes transversely to the axis of rotation {M (Fig. 1 shows bearing parts 8 and 10 protrude away from axis M, thus 8 and 10 are elevated transversely to axis M)} into the other of the first and second bearing parts {6+11: Fig. 1 shows 8 and 10 both slide between side surfaces 6 (21+22) and 11}, the other of the first and second bearing parts {6+11} being designed in cross section as a recess {space between 6 and 11 that accommodates 8 and 10 (Fig. 1)}, and
wherein the recess {6+11 (space between 6 and 11 in Fig. 1)} surrounds the elevation {8+10} on both sides in cross section in a rotational direction about the axis of rotation {M: Fig. 1 shows that 8 is surrounded on the inside by 11 and on the outside by 6 (21), and 10 is surrounded on the inside by 11 and on the outside by 6 (22); therefore, the recess (space between 6+11) surrounds the elevation (8+10) on both sides in cross section in a rotational direction about the axis of rotation (M)}.
However, Hochmuth does not explicitly disclose a spindle drive for a vehicle steering gear.
Boldt teaches a spindle drive {10 (only 20+30)} for a vehicle steering gear {10+13+14+16+17+20+30: “Fig. 1 shows a spindle drive 10 which serves as a component of a comfort drive in a motor vehicle for adjusting a steering column 13 which is only shown symbolically. As can be seen from Fig. 1, the spindle drive 10 comprises a drive motor 12 which drives an output shaft 14 on which a worm 16 is provided as output gearing. The spindle drive 10 further comprises a spindle 20, which is arranged with its spindle axis 19 at a right angle to the output shaft 14. A worm gear 17 is arranged on the spindle 20 in a rotationally fixed manner and is in engagement with the output toothing 15 of the output shaft 14” [0018]; in the present application the spindle drive is a sub-assembly of the vehicle steering gear (as evidenced by the specification and claim 12), therefore the spindle drive of Boldt is also a sub-assembly of the vehicle steering gear}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the spindle drive, as disclosed by Hochmuth, such that it is used for a steering gear, as taught by Boldt, in order “to provide precisely manufactured components for a spindle gear that can be combined with each other as desired” [0004] for use “in a steering column adjustment” [0001].
Regarding claim 2, Hochmuth discloses the elevation {8+10} is designed in cross section with a V-shape {each of the corners of 8 and 10 are designed as 90-degree V-shapes (Fig. 1)}.
Regarding claim 3, Hochmuth discloses the recess {space between 6 and 11 that accommodates 8 and 10 (Fig. 1)} is designed in cross section with a V-shape {each of the internal corners of 6 (specifically 24 and 25 in Fig. 1) are designed as 90 degree V-shapes}.
Regarding claim 4, Hochmuth discloses the elevation {8+10} and the recess {space between 6 and 11 that accommodates 8 and 10 (Fig. 1)} are designed in cross section as counter-parts to one another {Fig. 1}.
Regarding claim 5, Hochmuth discloses the elevation {8+10 (8)} is provided in a highest region in cross section {member 8 (elevation 8) is provided in a highest region of 8+10 (Fig. 1)} and/or the recess {space between 6 and 11 (Fig. 1)} is provided in a lowest region in cross section {lowest portion of 6+11 that accommodates 10 is provided at a lowest region of 6+11 (Fig. 1)} with one respective groove-like cutout {the very bottom, cutout, open region of 6+11 that accommodates 10 (Fig. 1)}.
Regarding claim 7, Hochmuth discloses the second bearing part {6+11} is formed by a portion of an internal circumference of the fixed structural part {6}, wherein the portion of the internal circumference protrudes into an interior which is defined by the fixed structural part {6} and in which the spindle nut {3} and the spindle {1} are received {Fig. 1}.
Regarding claim 8, Hochmuth discloses the first bearing part {8+10} is formed by a portion of an external circumference of a further structural part {8+10} which is rigidly connected to the other of the spindle {2: “two sliding bearings 7, 9, i.e. radial sliding bearings, for the radial bearing of the spindle 2 in the housing 6, which each have a sliding bearing element 8, 10 in the embodiment shown in FIG. 1” [0021], the key words in the quote being “for the radial bearing of the spindle”, furthermore Fig. 1 shows that first bearing part 8 is rigidly connected to the top of spindle 2 and that first bearing part 10 is rigidly connected to the bottom of spindle 2, therefore, it is clear that the first bearing part 8+10 is rigidly connected to the spindle 2}.
Regarding claim 9, Hochmuth and Boldt disclose all the aspects of claim 1. However, Hochmuth does not disclose the spindle is rotatable and produces, during rotation, by the cooperation of the external thread and internal thread, a corresponding translational movement of the spindle nut.
Boldt teaches the spindle {20} is rotatable and produces, during rotation, by the cooperation of the external thread {21} and internal thread {31}, a corresponding translational movement of the spindle nut {30: “The spindle nut 30 is arranged in a rotationally fixed manner with respect to the spindle axis 19 by means of the first interface 81, so that when the spindle 20 rotates about its spindle axis 19, the spindle nut 30 is moved linearly in the axial direction 8. To realize the linear movement of the spindle nut 30 along the spindle axis 19, the spindle 20 has a spindle thread 21 which meshes with a nut thread 31 of the spindle nut 30” [0019]}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the spindle drive, as disclosed by Hochmuth and Boldt, such that the spindle is rotatable and produces, during rotation, by the cooperation of the external thread and internal thread, a corresponding translational movement of the spindle nut, as taught by Boldt, in order “to provide precisely manufactured components for a spindle gear that can be combined with each other as desired” [0004] for use “in a steering column adjustment” [0001], since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Gazda.
Regarding claim 10, Hochmuth discloses the first bearing part {8+10} is designed as an elevation {8+10 (Fig. 1 shows bearing parts 8 and 10 protrude away from axis M, thus 8 and 10 are elevated transversely to axis M)} and the second bearing part {6+11} is designed as a recess {space between 6 and 11 that accommodates 8 and 10 (Fig. 1)}.
Regarding claim 11, Hochmuth discloses the fixed structural part {6} is a housing {6}.
Regarding claim 12, Hochmuth and Boldt disclose all the aspects of claim 1. However, Hochmuth does not disclose a vehicle steering gear comprising the spindle drive according to claim 1.
Boldt teaches a vehicle steering gear {10+13+14+16+17+20+30: “Fig. 1 shows a spindle drive 10 which serves as a component of a comfort drive in a motor vehicle for adjusting a steering column 13 which is only shown symbolically. As can be seen from Fig. 1, the spindle drive 10 comprises a drive motor 12 which drives an output shaft 14 on which a worm 16 is provided as output gearing. The spindle drive 10 further comprises a spindle 20, which is arranged with its spindle axis 19 at a right angle to the output shaft 14. A worm gear 17 is arranged on the spindle 20 in a rotationally fixed manner and is in engagement with the output toothing 15 of the output shaft 14” [0018]}, comprising the spindle drive {10 (only 20+30)} according to claim 1.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the spindle drive, as disclosed by Hochmuth and Boldt, such that it is used for the steering gear, as taught by Boldt, thereby providing a vehicle steering gear comprising the spindle drive according to claim 1, in order “to provide precisely manufactured components for a spindle gear that can be combined with each other as desired” [0004] for use “in a steering column adjustment” [0001].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hochmuth and Boldt as applied to claim 1 above, and further in view of Deng (CN 113847391).
Regarding claim 6, Hochmuth does not explicitly disclose each of the sliding surfaces is configured on a coating which is applied to a respective bearing part of the first and second bearing parts, or on an element which is fastened to the respective bearing part.
Deng teaches {Fig. 1} sliding surfaces {outer surface of 6, inner surface of 7} configured on a coating which is applied to a respective bearing part {6, 7} of the first and second bearing parts {6, 7: “The adjacent surfaces of both the slider sleeve 7 and the slider 6 are sprayed with a Teflon coating” [0028]}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the spindle drive, as disclosed by Hochmuth and Boldt, such that each of the sliding surfaces is configured on a coating which is applied to a respective bearing part of the first and second bearing parts, as taught by Deng, so that each surface “is not easy to be corroded, and has low working noise” [0016].
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614