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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/09/2026 has been entered.
Status of Claims
This is the non- 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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a cone in claim 36 must be shown or labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 27-46 are objected to because of the following informalities:
Claim 27 recites the limitation “an intermediate element assembly” should read “an intermediate element”.
Regarding claim 45, the limitations “ inner surface” in line 11 and “outer surface” in line 13 should read “ inner surface portion” and “ inner surface portion”, respectively.
Regarding claims 27-46, It is suggested to keep the similar term such as –said—or –the—throughout the claims. Appropriate correction is required.
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, 30-34, and 38-41 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 comprising an intermediate 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 including an outer surface portion which faces the axle receptacle and comprises a structured surface with a laser-structured surface that acts in a form-fitting manner for restraining the intermediate element assembly or the axle or the axle receptacle against displacement in an axial direction, and said intermediate element including in facing relation to the axle an inner surface portion which has a laser-structured surface that acts in a force-fitting manner for restraining the intermediate element assembly or the axle or the axle receptacle against displacement in the 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) comprising an intermediate element (e.g. 15, fig. 1) 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 (15) including an outer surface portion (e.g. see the annotated fig. A) which faces the axle receptacle (e.g. 4, 5), and comprises a structure surface (e.g. body 15, para 21) with a press fitted surface that acts in a form-fitting manner for restraining the intermediate element assembly (14) against displacement in an axial direction, and said intermediate element (15) including in facing relation to the axle an inner surface portion (see the annotated fig. A) which has a press-fitted surface that acts in a force-fitting manner for restraining the intermediate element assembly or the axle or the axle receptacle against displacement in the axial direction. (see paras 20)
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 comprising an intermediate element 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 including an outer surface portion which faces the axle receptacle and comprises a structured surface with a laser-structured surface that acts in a form-fitting manner for restraining the intermediate element assembly against displacement in an axial direction and said intermediate element including in facing relation to the axle an inner surface portion which has a press-fitted surface that acts in a force-fitting manner for restraining the intermediate element assembly or the axle or the axle receptacle against displacement in the axial direction.
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Fig. Annotated fig. 1 of Kim
Regarding claim 30, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, Kim further discloses wherein the intermediate element (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 surfaces are 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 outer surface portion (see annotated fig. A) has a hardness which is greater than a hardness of a corresponding surface of the axle receptacle (see para 27 and 74 of BOHNER).
Regarding claim 34, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, BOHNER further discloses wherein the intermediate element (e.g. 15 of Kim after modification) 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 38, Minadeo /Kim/ BOHNER discloses the industrial gear unit as modified according to claim 27, BOHNER further discloses wherein the intermediate element (e.g. 15 of Kim after modification) 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 surface portion of the intermediate element (15 of Kim after modification) is individualized by line density, direction of structure, intensity and shape of structure. (see para 74 of BOHNER “In particular, a surface deformation and thus the formation of a protrusion or particle 8 can result, which cools after the end of irradiation and thereby preferentially cures and remains in its protruding shape.”)
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 (15) disposed on the axle receptacle on a shell face 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).
Claim 43 is 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 an outer surface portion of an intermediate element (15, fig. 1) of an intermediate element assembly (e.g. sleeve 14, fig. 1) 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 receptacle (e.g. parts 4, 5) of the industrial gear unit for effecting a form-fitting support so as to restrain the intermediate element assembly (e.g. 14) against displacement in an axial direction; and
forming in an inner surface portion (see the annotated fig. A above) of the intermediate element (15), a structured surface comprising a press fitted surface in facing relation to an axle of the industrial gear unit for effecting a force-fitting support so as to restrain the intermediate element assembly or the axle or the axle receptacle. against displacement in the 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.
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 an inner surface portion (e.g. see annotated fig. A above) having a structured surface with a press fitted for effecting a force-fitting support on the axle (10) and comprising also an outer surface portion (see annotated fig. A above) with a press fitted surface for effecting a form-fitting support in the axle receptacle so that the intermediate element assembly (14) is restrained against displacement in an axial direction.
However, Kim fails to disclose the inner surface being produced selectively also by chemical structuring or cold welding, and with outer 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 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).
Allowable Subject Matter
Claims 28-29, 35-37, 42, and 44 are objected to as been dependent upon a rejected base claims 27, 41, and 44, respectively but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to argument
Applicant's arguments filed 09/09/2026 have been fully considered but they are not persuasive. 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 lends itself to modify Kim's press fit connection at both surfaces of the sleeve 14 (see [0020] of Kim) with a laser- surface modification at both surfaces, as taught by Bohner. Bohner does suggest adjusting the laser power and irradiation to obtain a desired roughening [0025] to achieve durable, vibration-proof connections [0002]. Bohner in paragraphs [0005 and 6] describes press fit joint connections and that the coefficient of friction between the joining surfaces can be increased when at least one of the joining surfaces is treated with laser irradiation to produce a roughened surface. At best, the press fit connections of Kim modified with Bohner's laser irradiation to produce a roughened surface would produce the same kind of fit at each of Kim's press-fit connection surfaces. There is no teaching or suggestion in either Kim or Bohner to provide a differentiated fit at the press-fit surfaces.
in fact, the currently claimed invention lies in a differentiated fit due to 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 currently amended independent claims. Applicant therefore considers the differentiated fits due to the laser- structured 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.
More specifically, the independent claims have been amended in a parallel manner to specify differentiated fits with the outer surface portion which faces the axle receptacle comprising a structured surface with a laser-structured surface that acts in a form-fitting manner for restraining the intermediate element assembly or the axle or the axle receptacle against displacement in an axial direction, and in facing relation to the axle an inner surface portion which has a laser-structured surface that acts in a force-fitting manner for restraining the intermediate element assembly or the axle or the axle receptacle against displacement in the axial direction. The independent claims, as currently amended, recite a functional differentiation in the fits, as is described in great detail in the specification at, for example paragraphs [0047-49 and 90-92]. These differentiated fits provide a clear difference to Bohner, as Bohner fails to teach Applicant's differentiated fits to achieve a functional division of the fitting manner.
Thus, the combination of Kim and Bohner also lacks the currently claimed differentiated fits and Applicant respectfully requests that these grounds of rejection be withdrawn and the claims allowed. This is not persuasive. Bohner reference has been used for the concept of laser-structured surface so that the intermediate element assembly (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
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/F.P/Examiner, Art Unit 3655
/FARHANA PERVIN/Examiner, Art Unit 3655
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