DETAILED ACTION
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 first action on the merits for application 19/109,616 filed on 03/07/2025. Claims 1-3, 5 are pending; claim 4 is canceled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/07/2025 has been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for “during driving spring compressed by inner gear members and coasting spring compressed by the outer gear members”, does not reasonably provide enablement for “wherein the elastic member is compressed in the rotation axis direction by the first outer gear member and the second outer gear member, or the first inner gear member and the second inner gear member, both during driving, which is when torque in a forward direction of the vehicle is input to the differential case, and during coasting, which is when the vehicle is traveling forward under inertia” . The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
Claim 1 recites “wherein the elastic member is compressed in the rotation axis direction by the first outer gear member and the second outer gear member, or the first inner gear member and the second inner gear member, both during driving, which is when torque in a forward direction of the vehicle is input to the differential case, and during coasting, which is when the vehicle is traveling forward under inertia.” The recitation lacks corresponding enabling disclosure in view of In re Wands factors:1- Amount of direction provided by the inventor: the specification teaches during driving spring compressed by inner gear members and coasting spring compressed by the outer gear members but the specification does not disclose how to configure (1) the differential so that outer gears compress the spring during both driving and coasting; (2) the differential so that inner gears compress the spring during both driving and coasting; 2- Existence of working example: no working example demonstrates compressed by the outer gear members during both driving and coasting or by the inner gear members during both driving and coasting. 3-State of the prior art: although helical gear differential and spring biased differential are well known, the prior art does not establish maintaining compression by same gear members during both driving and coasting was conventional.
Claims 2-3, 5 are also rejected due to their dependency from claim 1.
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 1-3, 5 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 recites “wherein the elastic member is compressed in the rotation axis direction by the first outer gear member and the second outer gear member, or the first inner gear member and the second inner gear member, both during driving, which is when torque in a forward direction of the vehicle is input to the differential case, and during coasting, which is when the vehicle is traveling forward under inertia.” The claim is unclear because the limitation creates two alternative scenarios (1)-spring compressed by outer gear members during driving and coasting (2)-spring compressed by the inner gear member during driving and coasting. However, the specification discloses during driving spring compressed by inner gear members and coasting spring compressed by the outer gear members (see ¶[0056]-[0057] and [0072] of USPGPUB version). Thus the specification does not describe either alternative recited in the claim, rendering it unclear which scope is intended. For the purpose of examining, examiner interprets the limitation in light of the specification (¶[0056]-[0057])
Claim 3 recites “The vehicle differential device according to claim 2,…the elastic member is disposed between another face of the second sliding member in the rotation axis direction and the second side wall part.” Since claim 3 depends on claim 2, the recited “the elastic member” in claim 3 refers back to the same singular “elastic member” previously recited in claim 2. Accordingly to the specification, the elastic member of claim 2 corresponds to first disc spring 61, which is disposed between first sliding member 51 and the first side wall 111 (see ¶[0031]). The specification also discloses two distinct elastic members (61 and 62), each elastic member is disposed at a different axial location. Thus the single elastic member 61 , cannot simultaneously be disposed both between first sliding member and the first side wall and between the second sliding member and the second side wall. Thereof, the scope of claim 3 is unclear.
Claims 2, 5 are also rejected due to their dependency from claim 1.
Claim Rejections - 35 USC § 103
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) 1-3, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JIN (US 20170082185 A1) in view of Brewer (US 5362284 A)
Claim 1: Jin discloses a vehicle differential device (1; Fig.1), comprising:
a pinion gear pair (21,22) including a first pinion gear (21) and a second pinion gear (22) that have helical teeth of which tooth traces are inclined with respect to an axial direction, and that are meshed with each other (¶[0045], [0047]);
a first side gear pair (41,42) including a first outer gear member (42) that has a cylindrical shape and that meshes with the first pinion gear (21), and a first inner gear member (41) that is disposed on an inner side of the first outer gear member (42), the first outer gear member (42) and the first inner gear member (41 has helical teeth 411) being helically spline fitted with each other (¶[0040]),
a second side gear pair (51,52) including a second outer gear member (52) that has a cylindrical shape and that meshes with the second pinion gear (22), and a second inner gear member (51) that is disposed on an inner side of the second outer gear member (52), the second outer gear member (52) and the second inner gear member (52 has helical teeth 511) being helically spline fitted with each other (¶[0043];
a differential case (10) that includes a cylindrical part (110) in which a retaining hole (110a, 110b) for rotatably accommodating the first pinion gear (21) and the second pinion gear (22) is formed, and first (111) and second side wall parts (121) (¶[0030-0031]);
a first sliding member (31) that is disposed between the first side gear pair (41,42) and the first side wall part (111);
a second sliding member (32) that is disposed between the second side gear pair (51,52) and the second side wall part (121);
a third sliding member (30) that is disposed between the first side gear pair (41,42) and the second side gear pair (51,52); and
and the first sliding member (31) and the second sliding member (32) are restricted from rotating relative to the differential case (10), and are also movable relative to the differential case (10) in the rotation axis direction (¶[0035]-[0036]; The paragraph ¶[0060] discusses clearances which confirms movable relative to differential case).
JIN does not disclose an elastic member that is disposed arrayed with any one of the first to third sliding members, between the first side wall part and the second side wall part within the differential case in a rotation axis direction of the differential case, and that is elastically deformable in the rotation axis direction, wherein the elastic member is compressed in the rotation axis direction by the first outer gear member and the second outer gear member, or the first inner gear member and the second inner gear member, both during driving, which is when torque in a forward direction of the vehicle is input to the differential case, and during coasting, which is when the vehicle is traveling forward under inertia.
Note: JIN’s device is capable of coasting. Moreover, JIN discloses during driving (fig.6a-6c; ¶[0066]), the pressing force (F3 and F8) by first inner gear (41) and second inner gear (51) pushes outward; while pressing force (F2 and F5) by the outer gear (42) and second inner gear (52) pushes inward when torque in a forward direction of the vehicle is input to the differential case (10). Thus one of ordinary skill in the art would have understood that the helical gear arrangement of JIN likewise produces thrust forces in reverse direction. That is an inherent operating characteristic of helical splines. Evidently, Bowerman (US 5647815 A) expressly demonstrates differential (10) having side gears (30,32) are helical gears; wherein the side gears 30 and 32 have helical teeth with opposite hand helix angles so that both side gears 30 and 32 are thrust inwardly toward the spacer web 28 in one direction (e.g., drive direction) of torque transfer between the input shaft 26 and the output shafts 16 and 18 and are thrust outwardly toward the end caps 22 and 24 in the other direction (e.g., coast direction) of torque transfer. In other words, JIN’s device during coasting, the direction of the pressing force (F3 and F8) by first inner gear (41) and second inner gear (51) pushes inward; while pressing force (F2 and F5) by the outer gear (42) and second inner gear (52) pushes outward.
Brewer teaches differential device having (100; Fig.11) an elastic member (156 or 158) that is disposed arrayed with any one of sliding members (160,162) between the first side wall part and the second side wall part within the differential case (12) in a rotation axis direction of the differential case (112), and that is elastically deformable in the rotation axis direction (114), wherein the elastic member (156 or158) is compressed in the rotation axis direction (114) by the first inner gear member (120) and the second inner gear member (122), during driving, which is when torque in a forward direction of the vehicle is input to the differential case(col.7 lines 65-col.8 line 3 discusses “the side gears 120 and 122 have respective teeth 128 and 130 that are inclined in opposite directions with respect to the common axis 114. Thrust forces 132 and 134 are generated by the respective side gear teeth 128 and 130 in proportion to the amount of drive torque transmitted between the housing 112”. This is the same arrangement as in device of JIN; the thrust forces 132 and 134 are generated by inclined teeth 128,130 when torque is transmitted.)
Note: Brewer’s disc springs are positioned with the axial thrust path created by the helical side gears, and because evident from Bowerman demonstrates that axial thrust reverses direction during coast torque transmission, one of ordinary skill in the art would have understood that Brewer’s disc springs is likewise capable of receiving the reversed axial thrust during forward coasting when incorporated into Jin’s differential.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add the elastic member (156 and/or 158- as taught by Brewer) that is disposed arrayed with the sliding members, between the first side wall part and the second side wall part within the differential case in a rotation axis direction of the differential case as taught by Brewer in the device of JIN in order to absorb and transmit the axial thrust generated by Jin’s helical side gears, thereby providing a controlled differential limiting force and reducing impact loading.
Claim 2: Jin as modified by Brewer discloses the vehicle differential device according to claim 1, wherein one face of the first sliding member (31) in the rotation axis direction (O) is a sliding face (310a) that frictionally slides against axial-direction end faces of each of the first outer gear member (42) and the first inner gear member (41), and the elastic member (156-as taught by Brewer) is disposed between another face (310b) of the first sliding member (31) in the rotation axis direction (O) and the first side wall part (111).
Claim 3: Jin as modified by Brewer discloses the vehicle differential device according to claim 2, wherein one face of the second sliding member (32) in the rotation axis direction (O) is a sliding face (320a) that frictionally slides against axial-direction end faces of each of the second outer gear member (52) and the second inner gear member (51), and the elastic member (158-as taught by Brewer) is disposed between another face (320b) of the second sliding member (32) in the rotation axis direction (O) and the second side wall part (121).
Claim 5: Jin as modified by Brewer discloses the vehicle differential device according to claim 1, wherein the vehicle differential device includes two (31,32) of the third sliding members (30,31,32).
Jin as modified by Brewer does not disclose the elastic member is disposed between the two of the third sliding members.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to relocate the elastic member to be disposed between the two (31,32) of the third sliding members, since the elastic member performs the same function of elastically absorbing the axial thrust in either location. Relocating the elastic member merely changes the position at which the axial thrust is received while preserving the same force transmission path and spring function. Such placement allow the spring to balance axial preload from the center of the differential, thereby distributing thrust loads from both side gear more uniform and while maintaining differential limiting performance. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See also, In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JIN (US 11028914 B2) discloses differential with three washers.
ONITAKE (US 20170254400 A1) discloses differential with three washers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571)270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LILLIAN T NGUYEN/ Examiner, Art Unit 3655a
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