DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the final office action on the merits of Application No. 19/104,966 filed on 02/19/2025. Claims 27-46 are pending. Claims 27, 43, and 45 are independent claims.
Priority
Application claims the benefit of Application No. EP22196298.8 filed 09/19/2022. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 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 27-42 are rejected under 35 U.S.C. 103 as being unpatentable over Minadeo et al. (US 20120053009 A1) in view of Kim et al. (US 20150323057 A1) and further in view of BOHNER et al. (DE 102011005408 A1, IDS filed on 2/19/2025).
Regarding claim 27, Minadeo discloses an industrial gear unit designed as a planetary transmission (e.g. 20, fig. 2, para 19) for installation in a wind power (e.g. 10, fig. 1) installation, the industrial gear unit comprising:
an axle receptacle (e.g. plates 44, 46, fig. 3, para 26);
an axle (e.g. 50, fig. 3) including two axial portions (e.g. 52, 56, fig. 3, para 28) via which the axle (50) is mounted in the axle receptacle in an axially fixed manner on both sides of a planet gear (e.g. 28, para 27) of the planetary transmission (20)(see paras 22-28, fig. 3).
However, Minadeo fails to disclose an intermediate element assembly mounted in an axially fixed manner between the axle and the axle receptacle in at least one of the two axial portions of the axle and acting between the axle receptacle and the axle, said intermediate element assembly including a surface portion which faces the axle and/or the axle receptacle and comprises a structured surface with a laser-structured surface for restraining the intermediate element assembly against displacement in an axial direction.
Kim discloses an industrial gear unit designed as a planetary transmission (e.g. 1, fig. 1, para 19) for installation in a wind power installation, the industrial gear unit comprising:
an axle receptacle (e.g. parts 4, 5);
an axle (e.g. 10) including two axial portions (e.g. 12, 13) via which the axle (10) is mounted in the axle receptacle in an axially fixed manner on both sides of a planet gear (e.g. 6, 7) of the planetary transmission (1)(see para 20, fig. 1); and
an intermediate element assembly (e.g. sleeve 14) mounted in an axially fixed manner between the axle (10) and the axle receptacle (4, 5) in at least one of the two axial portions (e.g. 12, 13) of the axle (10) and acting between the axle receptacle (e.g. 4, 5) and the axle (10), said intermediate element assembly (14) including a surface portion (e.g. surfaces of 15, 16, 17) which faces the axle (10) and/or the axle receptacle (e.g. 4, 5), and comprises a structure surface (e.g. body 15, para 21) with a press fitted for restraining the intermediate element assembly (14) against displacement in an axial direction.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Minadeo by substituting the planetary transmission as taught by Kim in order to improve the distribution of lubrication of the planetary gear transmission, therefore, enhancing the reliability and performance of the industrial gear unit. (see paras 10-11 of Kim)
However, Kim fails to disclose the structured surface with a laser-structured surface.
BOHNER teaches a joined connection (62, figs. 1-2) wherein a structured surface (e.g. 3, 13, 17; 4,, 14, 18, fig. 1) with a laser-structured surface. (see abstract)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Minadeo /Kim by substituting the locking connection of press-fit with a laser structuring as taught by BOHNER in order to improve the coefficient of friction so that the frictionally locking connection can be improved, as a result to increase the transmissible torque or the transmissible force.
As modified, the industrial gear unit would have an intermediate element assembly mounted in an axially fixed manner between the axle and the axle receptacle in at least one of the two axial portions of the axle and acting between the axle receptacle and the axle, said intermediate element assembly including a surface portion which faces the axle and/or the axle receptacle and comprises a structured surface with a laser-structured surface for restraining the intermediate element assembly against displacement in an axial direction.
Regarding claim 28, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element assembly (e.g. sleeve 14, fig. 1) comprises an intermediate element having a configuration selected from the group consisting of slotted sleeve, formed bushing (e.g. sleeve 14 is a bush with a pot-like shape and can therefore be called a “shape bush”), formed bushing with internal nut, formed bushing in combination with cone, and inter-axle grommet. (see paras 20-21)
Regarding claim 29, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element assembly (14) comprises an intermediate element, said structured surface being formed on an outer shell face of the intermediate element and having a geometric configuration selected from the group consisting of conical. (see para 33 of BOHNER “The first and/or second surface can be conical, cylindrical or perpendicular in relation to the axle)
Regarding claim 30, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element assembly (e.g. sleeve 14) comprises an intermediate element designed for placement between the axle (10) and the axle receptacle (e.g. 4, 5) in a manner of a dowel (e.g. sleeve 14 is plugged into a bore on the planetary carrier. The manner of a dowel is interpreted as comprising “can be plugged in” since every dowel has to be plugged into a bore.)
Regarding claim 31, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, BOHNER further discloses wherein the laser-structured surface is incorporated in a specific circumferential position (e.g. at least one part region)
Regarding claim 32, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the planetary transmission includes a planet carrier (e.g. 3, para 20, fig. 1), said intermediate element assembly (e.g. 14) comprising a multiplicity of intermediate elements (e.g. two sleeves 14 for each planetary pin 10) which, conjointly with respective axles (e.g. 10) form support rods of the planet carrier (3). (Please note: The planetary pin 10 in fig. 1 reinforce or connect the two planetary carrier webs 4 and 5, and they each support a planetary gear 7.)
Regarding claim 33, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element assembly (14) comprises an intermediate element (e.g. 15) which is mounted in an axially fixed manner between the axle (10) and the axle receptacle (4,5) in the at least one of the two axial portions (e.g. 12, 13) and which includes in facing relation to the axle receptacle an outer surface portion which has a structured surface that acts in a form fitting manner and which has a hardness which is greater than a hardness of a corresponding surface of the axle receptacle (see para 27 and 74 of BOHNER), said intermediate element including in facing relation to the axle an inner surface portion which has a structured surface that acts in a force-fitting manner.
Regarding claim 34, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, BOHNER further discloses wherein the intermediate element assembly comprises an intermediate element which includes a layer of a material with a hardness dissimilar to a hardness of a material of the axle and/or of the axle receptacle. (see para 27 and claim 8)
Regarding claim 35, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element assembly (14) comprises an intermediate element which is designed as a slotted sleeve, wherein the structured surface for a form-fitting support in the axial direction in the at least one of the two axial portions is provided on an outside with a surface structure which acts in a form-fitting manner. (see para 20 and fig. 1)
Regarding claim 36, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element assembly (e.g. sleeve 14, fig. 1 of Kim) comprises an intermediate element which is designed as a formed bushing (e.g. sleeve 14 has bushing like configuration as shown in fig. 1), wherein the structured surface for a form-fitting support in the axial direction in the at least one of the two axial portions is provided on an outside with a surface structure which acts in a form-fitting manner, wherein the formed bushing is secured in the axial direction on the axle (10) by a cone (BOHNER discloses in para 33 the first or second surface can be conical, cylindrical or perpendicular in relation to the axle, see para 33 of BOHNER.).
Regarding claim 37, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, BOHNER further discloses wherein the intermediate element assembly (14 of Kim after modification with laser structuring) comprises an intermediate element with an outer structure of a roughness which is greater than a roughness of the laser-structured surface in facing relation to the axle. (see para 74 of BOHNER)
Regarding claim 38, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, BOHNER further discloses wherein the intermediate element assembly (14 of Kim after modification with laser structuring) comprises an intermediate element which is formed from a plurality of layers of different hardness dissimilar to a hardness of a material of the axle or of the axle receptacle. (see para 27/74 of BOHNER)
Regarding claim 39, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, BOHNER further discloses wherein the structured surface of the surface portion of the intermediate element assembly (14 of Kim after modification) is individualized by line density, direction of structure, intensity and shape of structure.
Regarding claim 40, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the planetary transmission (e.g. 1) comprises a planet carrier (3), said axle receptacle (4, 5) being formed in the planet carrier (3) in the form of a planet carrier bore, said intermediate element assembly comprising an intermediate element disposed on the axle receptacle on a shell face at least substantially in a force-fitting manner so as to restrain an axial movement between the planet carrier, or the axle receptacle, and the axle, or to act there in a wear-reducing or wear-preventing manner. (Please note: the laser structuring increase the coefficient of friction in order to improve the frictionally locking connection and durability)
Regarding claim 41, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Minadeo further discloses designed for installation in a power train of the wind power installation, wherein the planetary transmission comprises a planetary transmission stage (20, fig. 2 of Minadeo).
Regarding claim 42, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element assembly (e.g. 14, fig. 1 of Kim) includes a first intermediate element (e.g. left sleeve 14 in fig. 1) mounted in an axially fixed manner in a first one (e.g. 12) of the two axial portions (e.g. 12, 13), and a second intermediate element (e.g. right sleeve 14 as shown in fig. 1) mounted in an axially fixed manner in a second (e.g. 13, fig. 1) one of the two axial portions, with the first and second intermediate elements having each an inner surface which bears on the axle in a substantially force-fitting manner, and an outer surface which bears on the axle in a substantially form-fitting manner, wherein the first and second intermediate elements are designed of a same type (e.g. cup-shaped sleeve, see abstract of Kim), and of a configuration selected from the group consisting of sleeve, and formed bushing selectively in combination with a cone. (Please note : BOHNER discloses in para 33 the first or second surface can be conical, cylindrical or perpendicular in relation to the axle, see para 33 of BOHNER.)
Claims 43-44 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20150323057 A1) in view of BOHNER et al. (DE 102011005408 A1, IDS filed on 2/19/2025).
Regarding claim 43, Kim discloses a method, comprising:
forming in a surface portion of an intermediate element of an intermediate element assembly (e.g. sleeve 14) intended for installation in an industrial gear unit designed as a planetary transmission (e.g. 1, fig. 1, para 19)
a structure surface (e.g. body 15, para 21) comprising a press fitted surface in facing relation to an axle (e.g. 10) and/or an axle receptacle (e.g. parts 4, 5) of the industrial gear unit for effecting a force-fitting and selectively also a form-fitting support so as to restrain the intermediate element assembly (e.g. 14) against displacement in an axial direction; and
mounting the intermediate element assembly in an axially fixed manner in two axial portions (e.g. 12, 13) of the axle (10) between the axle (10) and the axle receptacle (e.g. 4, 5) in the axle receptacle on both sides of a planet gear (e.g. 6, 7) of the planetary transmission (1)(see para 20, fig. 1).
However, Kim fails to disclose the structured surface with a laser-structured surface.
BOHNER teaches a joined connection (62, figs. 1-2) wherein a structured surface (e.g. 3, 13, 17; 4,, 14, 18, fig. 1) with a laser-structured surface. (see abstract)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim by substituting the locking connection of press-fit with a laser structuring as taught by BOHNER in order to improve the coefficient of friction so that the frictionally locking connection can be improved, as a result to increase the transmissible torque or the transmissible force.
As modified, the industrial gear unit would have the structured surface with a laser-structured surface.
Regarding claim 44, Kim/ BOHNER discloses the method as modified according to claim 43, wherein when the surface portion is on an inner surface or shell face of the intermediate element (14), the method further comprising generating the structured surface with a surface for acting in a substantially force-fitting manner as a function of a predefined relief parameter, in particular in an imbricated structure, by a process selected from the group consisting of laser structuring and chemical structuring, or when mounting the intermediate element of the intermediate element assembly (14) between the axle (10) and the axle receptacle (4,5), a pairing of the axle and the axle receptacle is expanded by the intermediate element.
Claims 45-46 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20150323057 A1) in view of BOHNER et al. (DE 102011005408 A1, IDS filed on 2/19/2025) and further in view of Dinter (US 20160327148 A1).
Regarding claim 45, Kim discloses an intermediate element assembly (e.g. sleeve 14) for installation between an axle receptacle (e.g. 4,5) and an axle (e.g. 10) of an industrial gear unit (e.g. 1, fig. 1, para 19),
the intermediate element assembly (14) comprising an intermediate element (e.g. 15, 16, 17) designed to provide a wear-reducing or wear-preventing effect between the axle (10) and the axle receptacle (4,5) and comprising a surface portion (e.g. surface of 15, 16, 17) having a structured surface with a press fitted for effecting a force-fitting support and selectively also a form-fitting support so that the intermediate element assembly (14) is restrained against displacement in an axial direction, with the structured surface being produced by with a press fitted structuring (see para 20) and selectively also by chemical structuring or cold welding, and with the form-fitting support of the structured surface produced by sawtooth profiling or fine thread tapping.
However, Kim fails to disclose the structured surface with a laser-structured surface and selectively also by chemical structuring or cold welding, and with the form-fitting support of the structured surface produced by sawtooth profiling or fine thread tapping.
BOHNER teaches a joined connection (62, figs. 1-2) wherein a structured surface (e.g. 3, 13, 17; 4,, 14, 18, fig. 1) with a laser-structured surface (see abstract) and also by chemical structuring. (see para 74” Due to the high temperature that is present for a short time, the surface material of the joining part 1 and/or 2 that is only locally melted reacts with the ambient atmosphere and can thus be chemically modified, for example oxidized, so that the projection or particle 8 formed after cooling is cured, i.e. harder, for example compared to the non-irradiated material.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim by substituting the locking connection of press-fit with a laser structuring as taught by BOHNER in order to improve the coefficient of friction so that the frictionally locking connection can be improved, as a result to increase the transmissible torque or the transmissible force.
As modified, the intermediate element assembly would have the structured surface with a laser-structured surface and selectively also by chemical structuring.
However, BOHNER fails to disclose the form-fitting support of the structured surface produced by sawtooth profiling or fine thread tapping.
Dinter teaches a planetary gear box (e.g. 1, figs. 1 and 7-8) wherein an intermediate element assembly (12) comprising an intermediate element (12b) having a structured surface with the form-fitting support of the structured surface produced by fine thread tapping (e.g. has no character numeral, see fig. 7, para 48).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim/ BOHNER by adding the thread connection as taught by Dinter so that the intermediate element assembly can be adjusted when needed. (see para 48 of Dinter)
As modified, the intermediate element assembly would have a structured surface with the form-fitting support of the structured surface produced by fine thread tapping. (Please note: Thread tapping is considered as screw connection)
Regarding claim 46, Kim/ BOHNER/ Dinter discloses the intermediate element assembly as modified according to claim 45, Kim further discloses wherein the intermediate element (e.g. 15, 16, 17) includes an outer shell face having a form-fitting contour (e.g. an outline that bounding the shape of 14) in an outer shell face portion for realizing the form-fitting support in the axle receptacle (e.g. 4, 5), and an inner shell face, said laser-structured structure being provided on the inner shell face for realizing the force-fitting support on the axle (10, after modification), wherein the intermediate element is designed the form of a sleeve (e.g. sleeve 14, para 20).
Response to argument
Applicant contends that Bohner does not disclose or suggest the laser-structured surface of claim 1. While this argument is not found persuasive, as appears below.
Applicant argues “Applicant has carefully considered the proposed combinations and respectfully disagrees with the Examiner's use of Bohner. For example, in paragraph [0002], Bohner states that "Joining parts by means of a pressing process creates durable, vibration-proof connections which can transmit large and in particular also alternating or abrupt applied forces. Mainly, revolving parts such as impellers, drive wheels, turbine rotors, conveying wheels, blower wheels and the like are pressed on or axially against axles or shafts." In paragraph [0033], Bohner states that "It is furthermore preferred that the pressing force brings about a frictional connection between the first joining part and the second joining part, whereby a rotation between the first joining part and the second joining part about an axis is prevented," which underscores the purpose of Bohner to not allow a rotational movement, but only a firm adhesion. This is the significant difference to the claimed invention, where movement still takes place on the laser-treated surface. The planetary gear rotates in operation and also its axis (axle) or shaft in its bearing (axle receptacle). If Bohner's adhesive connection were used in a planetary gear between the axis of a planetary gear and its bearing, the planetary gear would never be able to rotate again, and the function of the transmission would no longer be present. One having ordinary skill in the art would therefore not use this teaching of Bohner for joined surfaces in a planetary gear for surfaces rotating against each other. The cited references on planetary gears do not show sliding surfaces that are laser-structured. Lasered surfaces occur only in Bohner in fixed, immovably joined surfaces, but never on sliding surfaces of bearings that rotate against each other. The addition of Dinter to Kim and Bohner fails to rectify the above noted shortcomings.
In fact, the invention does not lie in an immovable sleeve, but in laser structuring acting between the axle receptacle and the axle for restraining the intermediate element assembly or the axle or the axle receptacle against displacement in an axial direction, as set forth in the independent claims. Applicant therefore considers the laser-structured sliding surfaces to prevent axial displacements at the core of the invention and the distinguishing feature compared to the state of the art of the relied upon references.
This is not persuasive. Bohner reference has been used for the concept of laser-structured surface so that the intermediate element (e.g. sleeve 14 of Kim as shown in fig. 1) can be restrained against axial displacement and can be mounted in an axially fixed manner between the axle (10) and the axle receptacle (4,5) in at least one of the two axial portions (e.g. 12, 13, fig. 1 of Kim). Kim reference discloses the intermediate element (e.g. sleeve 14 of Kim as shown in fig. 1) can be restrained against axial displacement and can be mounted in an axially fixed manner between the axle (10) and the axle receptacle (4,5) in at least one of the two axial portions (e.g. 12, 13, fig. 1 of Kim) by a press-fitted manner. Kim reference lacks a laser processed structure surface. If the structure surface (e.g. surfaces of body 15 of Kim) is treated by laser, it can enhance the surface condition, made it uneven or rough. The roughing can take place the entire surface of the body 15 or only partially (as per para 72 of Bohner), so that the body 15 can be fitted between planet gear 6 or 7 and pin end 12 or 13. The specification of Kim discloses in paras 20-21 “[0020] Each planet gears 6 and 7 is mounted in a manner allowing rotation on pin 10. Each pin 10 is mounted by end 12 in part 4, and by end 13 in other part 5 of planet carrier 3, and for this purpose is press fitted in sleeve 14 which has a socket-like construction. Sleeve 14 has base body 15 and edge 16. Base body 15 and edge 16 are constructed as a single piece from a single material. Edge 16 has the shape of an annular disk and abuts the respective part 4 and/or 5 axially in which sleeve 14 is press fitted. Flat surface 17 of edge 16 lies axially opposite the respective planet gear 6 and/or 7 as an axial glide surface. [0021] Base body 15 of sleeve 14 is formed from hollow cylindrical segment 18 and from base 19. Base 19 has circular hole 20 passing axially through. Hole 20 can also have any other contours.”, the laser-treated structure has no impact on the planetary gear rotation rather it enhances the placement of the body 15 between planet gear 6 or 7 and pin end 12 or 13 without any axial displacement. Therefore, the planetary gear would be able to rotate, and the function of the transmission would be present. Therefore, examiner respectfully disagrees.
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Zhao et al. (US 10288046 B2) discloses a planetary drive assembly includes a first housing that is coupled a top end of a stanchion. A drive unit is rotatably positioned in the first housing. A plurality of wind propellers is coupled to the drive unit thereby facilitating the wind propellers to rotate the drive unit. The planetary driven unit is in mechanical communication with the drive unit such that the drive unit rotates the planetary driven unit when the wind propellers rotate the drive unit.
Conclusion
Applicant's amendment 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 FARHANA PERVIN whose telephone number is (571)272-4644. The examiner can normally be reached Mon-Fri 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S. Scott can be reached on 5712703415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/F.P/Examiner, Art Unit 3655
/FARHANA PERVIN/Examiner, Art Unit 3655
Prosecution Insights