DETAILED ACTION
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 § 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 1-19 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, line 3 recites “an axis of rotation” rendering the claim indefinite. Is applicant referring to the axis of rotation previously recited in line 2? The examiner suggests - -the axis of rotation- - for the line 3 recitation.
Claim 8 recites “in particular oval or approximately triangular in shape.” The phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination the claim limitation is interpreted as non-circular.
Claim 10 recites “in particular a ball bearing.” The phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination the claim limitation is interpreted as a bearing.
Claim 13 recites “preferably a plurality of steps.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination the claim limitation is interpreted as a bearing.
Claim 16 recites “preferably about 10 to 20” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination the claim limitation is interpreted as a bearing.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8, 10-2, 16, and 19 are rejected under 35 U.S.C. 102(a)(1,2) as being anticipated by Taki et al. US 2022/0090669 A1.
Taki discloses:
Claim 1- an axis of rotation (center point of gear in figure 7),- an external toothing (3A) arranged about an axis of rotation,- a concentrically arranged receiving opening (21A),- an intermediate portion (4A arranged between the external toothing (3A) and the receiving opening (21A),- a reinforcing structure (5A) arranged in the intermediate portion having a plurality of openings (92A), and reinforcing ribs (5A) disposed between the openings, characterized by the following additional features:- the external toothing (3A) is designed as a helical toothing with a helix angle to the axis of rotation (see figure 6),- at least some of the openings follow at least approximately the helix angle of the helical toothing with an opening angle (para. 71).
Claim 2- characterized in that the openings are designed as blind openings (see 92A fig. 8).
Claim 3- characterized in that the openings are arranged in circles arranged in two rows and having different circular diameters about the axis of rotation (see 92a and holes corresponding to 81A in Fig. 6).
Claim 4- characterized in that the openings are arranged oriented radially to one another on the two circles (see Fig. 6).
Claim 5- characterized in that the openings are arranged radially offset to one another on the two circles (see Fig. 6).
Claim 6- characterized in that a reinforcing ring (6A) is arranged between the two annularly arranged openings.
Claim 7- characterized in that an opening is arranged under each tooth root of a tooth of the external toothing (3A) and that said opening extends at least approximately to a root circle of the respective tooth (see Fig. 6) of the external toothing or projects beyond the root circle into the respective tooth.
Claim 8- characterized in that the openings, seen in cross section, have a shape deviating from a circular ring and are in particular oval or approximately triangular in shape (as best understood, the openings 81A, 92A are not circular).
Claim 10- characterized in that the gear (1) has, on one of its axial sides (see left side of figure 10), an extension (Fig. 10, 120) for receiving a radial and axial bearing, in particular a ball bearing (120 is capable of receiving a bearing).
Claim 11- characterized in that the extension (120) is formed as a circumferential ring having a large number of evenly distributed ribs (123) which are directed radially outward, an outer diameter (D2) of the extension (120) being smaller than an outer diameter (D1) of the external toothing (113, see diameters in Fig. 10).
Claim 12- characterized in that a circumferential, concave depression (shown at 118 in Fig. 10) is provided between the extension (120) and a facing axial side of the gear.
Claim 16- characterized in that the helix angle is greater than 0 and less than about 25 degrees, preferably about 10° to 20°, and, in particular, approximately 15° (as best understood, see figure 5).
Claim 19- a tool mold (see “molding die” paragraph 0039) is provided with an insert (paragraph 0044) for forming the openings (92A) and the insert is moved out of the injection-molded gear using equilateral rotation when the gear is demolded from the mold (inherent from the helix angle of 92A which follows the tooth 3 helix angle).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Taki et al. US 2022/0090669 A1 in view of Napau US 2019/0202322 A1.
Regarding claim 9, Taki discloses all of the claimed subject matter as described above. Taki does not disclose spindle nut threads.
Napau teaches spindle nut threads (158) for the purpose of axially driving an actuator.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taki and provide spindle nut threads, as taught by Napau, for the purpose of axially driving an actuator.
Napau teaches an extension for receiving a radial and axial bearing for the purpose of supporting the gear while also reducing friction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taki and provide an extension for receiving a radial and axial bearing, as taught by Napau, for the purpose of supporting the gear while also reducing friction.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Taki et al. US 2022/0090669 A1 in view of Kim et al. US 6,230,578 B1.
Regarding claims 13 and 14, Taki discloses all of the claimed subject matter as described above. Taki does not disclose a center step region that is at a radially greater distance from the axis of rotation than the outer step regions.
Kim teaches a center step region (22) that is at a radially greater distance from the axis of rotation than the outer step regions (23) for the purpose of reduced noise and increased power density (Col. 1, lns 5-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taki and provide a center step region that is at a radially greater distance from the axis of rotation than the outer step regions, as taught by Kim, for the purpose of reduced noise and increased power density.
Allowable Subject Matter
Claim 15, 17, and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art neither discloses nor renders obvious the claimed combination including:
the teeth of the external toothing have, viewed in the axial direction, an edge-side tooth portion which transitions from the helical toothing having the angle to the spur toothing having the helix angle 0.
characterized in that the opening angle is smaller than the helix angle
characterized in that the opening angle (V) is at least approximately formed according to the following formula: V = arctan (tan (W) x (R)/(d0/2)),where d0/2 = half the pitch diameter of the external toothing, R = distance from the center of one of the openings to the axis of rotation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2024/0035552 A1 discloses a similar device but is unavailable as prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERENCE BOES whose telephone number is (571)272-4898. The examiner can normally be reached Monday-Friday 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TERENCE BOES
Primary Examiner
Art Unit 3618
/TERENCE BOES/Primary Examiner, Art Unit 3618