DETAILED ACTION
The following is a first action on the merits of application serial no. 19/103158 filed 2/11/2025.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 2/11/25 has been considered.
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 24 and 28-34 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.
-Regarding claim 24, the phrase "such as" in line 3 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).
-Regarding claim 28, the phrase "such as" in line 3 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).
-Claim 28, recites the phrase "for use" in line 3. This phrase also renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
-Claim 28 recites “A method” in the preamble, however, it is unclear as to what the actual method steps are within the body of claim (claim doesn’t seem to have clear method steps recited) and is therefore indefinite.
-Claim 31 recites the limitations “…..or in the imbricated structure depends on a predefined/predefinable specific elevation parameter. It is unclear as to why both of these terms are being recited in claim, please 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) 16 and 18-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102011005408 (IDS cited art with machine translation). As to claim 16, a planetary transmission (the body of the claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations; therefore, the preamble is not considered a limitation and is of no significance to claim construction, see MPEP 2111.02), comprising: DE discloses a shaft (1); and a shaft receptacle (4) designed to fixedly mount the shaft in an axial portion in the shaft receptacle; wherein the shaft is mounted in the shaft receptacle via a structured surface portion (8) in a force-locking or frictional manner so as to restrain the shaft against displacement in an axial direction (via locking as described on page 7, lines 8-10), and wherein the shaft and the shaft receptacle are direct contact partners (as shown in Figure 1).
Note: the use of the term “or” indicates that the limitations preceding or following the term doesn’t need to be met entirely and the recitations are in the form of “alternative” embodiments.
As to claim 18, wherein the structured surface portion is a laser-structured surface portion (as described in abstract).
As to claim 19, wherein the shaft includes a cylindrical surface portion with a force-lockingly acting structured outer shell surface portion (page 8, lines 14-30 describe shape of shaft and Figure 7c shows 6 which is 8 encompassing end of 1), which comes to bear purely force-lockingly in the shaft receptacle so that a normal force acting in the cylindrical surface portion reduces a relative movement between the shaft and the shaft receptacle (via locking as described on page 7, lines 8-10).
As to claim 20, wherein the structured surface portion for force-locking support in the axial direction includes an axial portion with a coefficient of static friction of at least 0.5 (page 9, lines 25-26 describe multiple materials which are well known in the art to have coefficients ranging from 0.2 to 0.8).
As to claim 21, wherein the structured surface portion varies over a circumference (page 2, lines 35-37 describes that 8 can be applied on joining surface or sub-region of surface).
As to claim 22, further comprising a gear (11) mounted around the shaft and having a side on which the structured surface portion is provided (as shown in Figure 5), or wherein the structured surface portion is formed on both sides of the gear.
As to claim 23, wherein the structured surface portion includes a structure which is interrupted in individual segments of the structured surface portion (Figures 1 and 2 show 8 in form of elevations or projections).
As to claim 24, wherein the shaft includes a surface portion within which a linear density or direction of a structure (axial disposition of shaft) or an intensity and shape of the structure is realized such as to ensure a coefficient of static friction of at least 0.5 in the axial direction over the structured surface portion (page 9, lines 25-26 describe multiple materials which are well known in the art to have coefficients ranging from 0.2 to 0.8).
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) 16-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoelzl et al 11644012 in view of DE’408. As to claim 16, Hoelzl discloses a planetary transmission (as shown in Figure 2) comprising: a shaft (19); and a shaft receptacle (31) designed to fixedly mount the shaft in an axial portion in the shaft receptacle; wherein the shaft is mounted in the shaft receptacle via a structured surface portion (25 as shown in Figure 9, bottom half) in a force-locking or frictional manner (25 is described as having a roughness which is well known in the art to provide friction between components) and wherein the shaft and the shaft receptacle are direct contact partners (as shown in Figure 9). However, Hoelzl doesn’t disclose that the structure restrains the shaft against displacement in an axial direction as recited.
As to claim 16, Hoelzl also discloses a planetary transmission comprising: a shaft (19); and a shaft receptacle (31) designed to fixedly mount the shaft in an axial portion in the shaft receptacle; wherein the shaft is mounted in the shaft receptacle in a force-locking (Figures 2, 3, 6 and 8 show shaft 19 force locked to 24 and column 6, lines 35-40 describe shaft is “clamped” to carrier) or frictional manner so as to restrain the shaft against displacement in an axial direction and wherein the shaft and the shaft receptacle are direct contact partners (as shown in Figure 2, 3, 6 and 8). However, Hoelzl doesn’t disclose the shaft mounted in the shaft receptacle via a structured surface portion as recited.
DE discloses a transmission having a shaft (1); and a shaft receptacle (4) designed to fixedly mount the shaft in an axial portion in the shaft receptacle and shows that it is well known in the art to have the shaft mounted in the shaft receptacle via a structured surface portion (8) in a force-locking or frictional manner so as to restrain the shaft against displacement in an axial direction (via locking as described on page 7, lines 8-10), and wherein the shaft and the shaft receptacle are direct contact partners (as shown in Figure 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the structure in Hoelzl provide a force locking or frictional manner restraint against displacement of shaft in axial direction in view of DE and to have the shaft in Hoelzl provided with a structured surface to provide a force locking or frictional manner restraint against displacement of shaft in axial direction in view of DE to increase operating efficiency of transmission and reduce wear between directly connected components by preventing axially slipping torque backlash between those components during transmission operation.
Note: the use of the term “or” indicates that the limitations preceding or following the term doesn’t need to be met entirely and the recitations are in the form of “alternative” embodiments.
As to claim 17, Hoelzl discloses a planetary gear (14), said shaft being a shaft of the planetary gear (as shown in Figures 3 and 9).
As to claim 18, Hoelzl discloses wherein the structured surface portion is a laser-structured surface portion (column 4, lines 56-58).
As to claim 19, Hoelzl in view of DE discloses wherein the shaft includes a cylindrical surface portion with a force-lockingly acting structured outer shell surface portion (column 9, lines 24-28 describe 25 is applied to outer shell surface of 19 in Hoelzl and page 8, lines 14-30 describe shape of shaft and Figure 7c shows 6 which is 8 encompassing end of 1 in DE), which comes to bear purely force-lockingly in the shaft receptacle so that a normal force acting in the cylindrical surface portion reduces a relative movement between the shaft and the shaft receptacle (via locking as described on page 7, lines 8-10 in DE).
As to claim 20, Hoelzl discloses wherein the structured surface portion for force-locking support in the axial direction includes an axial portion with a coefficient of static friction of at least 0.5 (column 3, lines 26-30 describe multiple materials which are well known in the art to have coefficients ranging from 0.2 to 0.6).
As to claim 21, Hoelzl in view of DE discloses wherein the structured surface portion varies over a circumference (page 2, lines 35-37 describes that 8 can be applied on joining surface or sub-region of surface in DE).
As to claim 22, Hoelzl discloses further comprising a gear (14) mounted around the shaft and having a side on which the structured surface portion is provided (as shown in Figure 9), or wherein the structured surface portion is formed on both sides of the gear (as shown in Figure 9).
As to claim 23, Hoelzl in view of DE discloses wherein the structured surface portion includes a structure which is interrupted in individual segments of the structured surface portion (Figures 1 and 2 show 8 in form of elevations or projections in DE).
As to claim 24, Hoelzl discloses wherein the shaft includes a surface portion within which a linear density or direction of a structure (axial disposition of shaft) or an intensity and shape of the structure is realized such as to ensure a coefficient of static friction of at least 0.5 in the axial direction over the structured surface portion (column 3, lines 26-30 describe multiple materials which are well known in the art to have coefficients ranging from 0.2 to 0.6).
As to claim 25, Hoelzl discloses a planet carrier (24), said shaft receptacle being provided in a planet carrier bore (31) of the planet carrier, with the shaft representing a planetary shaft which is arranged on the planet carrier in a positive-locking manner against a relative movement (column 6, lines 35-40).
As to claim 26, Hoelzl discloses the transmission designed for installation in a drive train of a wind turbine (see title).
As to claim 27, Hoelzl discloses wherein the shaft is mounted in two axial portions in the shaft receptacle with cylindrical or conical contact surfaces, with the structured surface in the two axial portions having a same or a different configuration (Figure 9 shows cylindrical shaft 19 mounted in two receptacles via structure 25 having same configuration); or wherein the shaft is mounted in two axial portions in the shaft receptacle with a cylindrical contact surface and with a conical contact surface, respectively, wherein the structured surface in the two axial portions has a different configuration (would be an obvious design choice based on additional embodiment shown in Figure 5).
As to claim 28, Hoelzl discloses a method, comprising introducing a basic body (19) having an axial surface portion of the basic body produce a wear-reducing shaft for use in a planetary transmission and installation in a shaft receptacle (31) such as to realize a force-locking support of the shaft in the shaft receptacle so as to restrain the shaft against displacement in an axial direction (Figures 2, 3, 6 and 8 show shaft 19 force locked to 24 and column 6, lines 35-40 describe shaft is “clamped” to carrier). However, Hoelzl doesn’t disclose the body having a structured surface in an axial surface portion of body as recited.
DE discloses a transmission having a shaft (1, also considered basic body); and a shaft receptacle (4) designed to fixedly mount the shaft in an axial portion in the shaft receptacle and shows that it is well known in the art to have the shaft mounted in the shaft receptacle via a structured surface portion (8, also considered structured surface in axial surface portion of basic body) in a force-locking manner so as to restrain the shaft against displacement in an axial direction (via locking as described on page 7, lines 8-10).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the shaft (basic body) in Hoelzl provided with a structured surface in axial surface portion of shaft to provide a force locking restraint against displacement of shaft in axial direction in view of DE to increase operating efficiency of transmission and reduce wear between directly connected components by preventing axially slipping torque backlash between those components during transmission operation.
As to claim 29, Hoelzl discloses installing the shaft in a planet carrier (24) of a planetary transmission.
As to claim 30, Hoelzl in view of DE discloses: introducing a substantially force-lockingly acting surface in the axial surface portion of the shaft by a laser-structuring measure (column 4, lines 56-58 in Hoelzl and abstract in DE) selected from the group consisting of: the structured surface is a laser-structured surface which is generated in a wavy (Figures 1 and 2 show 8 in form of elevations or projections in DE) or serpentine structure or in an imbricated structure, laser structuring of a first axial surface portion (as shown in Figure 9 in Hoelzl via what is shown in Figure 10 and as shown in Figure 3 via 7 in DE), laser structuring of at least two axial surface portions with variation in orientation of the structure in at least two spatial directions (Figure 5 in Hoelzl shows design choice in variation of 25 axially along 19), laser structuring with an axially and/or rotationally moving shaft (as shown in Figure 10 in Hoelzl and as shown in Figure 3 via 7 in DE), and laser structuring with a fixed shaft (as shown in Figure 10 in Hoelzl and as shown in Figure 3 via 7 in DE).
As to claim 31, Hoelzl in view of DE discloses wherein generating the laser-structured surface in the wavy or serpentine structure or in the imbricated structure depends on a predefined/predefinable specific elevation parameter and/or density parameter (Figures 1 and 2 show 8 in form of elevations or projections in DE which would obviously be based on known width of 4) .
As to claim 32, Hoelzl discloses wherein the structured surface is applied by laser in each of two outer shell surface portions of the base body such that a first laser structure is introduced in one of the two outer shell surface portions and a second laser structure is introduced in another one of the two outer shell surface portion (as shown in Figure 9), with the first and second laser structures having different parameters (Figure 5 in Hoelzl shows design choice in variation of 25 axially along 19), and with the outer shell surface portions being arranged in a force-locking or frictional manner (25 is described as having a roughness which is well known in the art to provide friction between components) in the shaft receptacle.
As to claim 33, Hoelzl in view of DE discloses further comprising introducing the shaft thermally into the shaft receptacle (page 5, lines 8-16 and page 8, lines 38-44 describe heating of one of the shaft or receptacle to cause shrinking connection in DE).
As to claim 34, Hoelzl discloses forming the shaft with a plain bearing (38) surface for a planetary gear (14) of the planetary transmission, with the two outer shell surface portions being provided on both sides of the plain bearing surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-DE 102020000610 (Figure 1; abstract) and Hager et al 11952978 (column 3, lines 22-25 and column 5, lines 61-67) both disclose a planetary transmission and show that it is well known in the art to provide a planet gear shaft with a laser structured surface for connection to a receptacle encompassing the shaft.
-WO 2021058262 (Figure 1; page 5, lines 3-5) discloses a planetary transmission and shows that it is well known in the art to provide a surface of a planet shaft bearing with laser structured surface.
-The PCT written opinion as filed has been reviewed and the examiner agrees that DE 102019118187 does show that it is well known in the art to provide a planet gear shaft with a laser structured surface for connection to a receptacle encompassing the shaft. However, this prior art doesn’t the shaft being axially mounted and restricted from axial displacement as recited in claims 16 and 28 of current invention. Examiner does agree that DE 102011005408 does meet limitations of claims as recited (per rejections above).
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 October 3, 2026
