DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Parent Application No. EP 22199952.7, filed on October 6th 2022.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on April 15th 2025 are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 18, 19 and 21 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 18 recites the limitation “…the torque M…” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the phrase “…wherein the press-fit connection has an external surface…” This is deemed to be indefinite because a press-fit connection requires the connecting surfaces of male and female elements be internal of the female element (refer to annotated diagram 1 below), when an element in this connection becomes external, it is the male element, and it is not in connection with the other element.
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Diagram 1
Claim Rejections - 35 USC § 102
6. 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.
7. Claim(s) 12 14 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roehm (WO 2005/040627; refer to attached translation).
Regarding claim 12, Roehm discloses a device for mechanical overload protection (Fig. 2) in a drive train (Fig. 3) of a machine tool (Fig. 1; pg. 2 para. 5), the drive train (Fig. 3) having an output side (see annotated diagram 2 below) with an output shaft (20) and an input side (see annotated diagram 2 below) with a motor shaft (34), the device comprising: a connector (22) operatively connecting the output shaft (20) to the motor shaft (34; Fig. 3), and a press-fit connection between the connector (22) and the output shaft (20) on an other side (pg. 3 para. 2).
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Diagram 2
Regarding claim 14, Roehm discloses wherein the connector (22) is a gear wheel (Fig. 2).
Regarding claim 18, Roehm discloses wherein the device (Fig. 2) is configured to limit the torque M of the press-fit connection (pg. 3 para. 2) to be transmitted in the drive train to a value M_limit, where M_limit is smaller than a torque occurring in the event of a blockage (pg. 3 para. 5).
Regarding claim 19, Roehm discloses wherein the press-fit connection (pg. 3 para. 2) has an external surface, the device (Fig. 2) further comprising a clamping ring (26) pressable onto the external surface (Fig. 3) in order to set a triggering range of the device (pg. 3 para. 4-6).
Regarding claim 20, Roehm discloses wherein the clamping ring (26) is pressable on in a force-controlled or path-controlled manner (Fig. 2; pg. 3 para. 1-2).
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Roehm (WO 2005/040627; refer to attached translation) in view of Kirschey et al. (DE 10 2007 039 673 B3; “Kirschey”; refer to attached translation).
Regarding claim 15, Roehm discloses wherein the press-fit connection (pg. 3 para. 2) includes a first sliding partner (see annotated diagram 3 below) and a second sliding partner (see annotated diagram 3 below), the first sliding partner (see annotated diagram 3 below) being a constituent part of the output shaft (20; Fig. 2) or the motor shaft and having a first sliding surface, and the second sliding partner (see annotated diagram 3 below) being a constituent part of the gear wheel (22; Fig. 2) or a coupling sleeve connected to the connector and having a second sliding surface.
Roehm fails to disclose at least one of the first and second sliding surfaces having a surface coating.
However, Kirschey teaches first and second sliding surfaces having a surface coating (pg. 2 para. 9)
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the first and second sliding surfaces of Roehm by providing the coating of Kirschey, in order to reduce friction (pg. 5 para. 9).
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Diagram 2
Regarding claim 16, Roehm discloses the device (Fig. 2).
Roehm fails to disclose wherein the surface coating is selected from a group consisting of: hard chrome plating, nitration, molybdenum coating, additional phosphating and nitrocarburizing.
However, Kirschey teaches the surface coating consisting of phosphating (pg. 5 para. 9).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the device of Roehm by providing the phosphating coating of Kirschey, in order to reduce friction (pg. 5 para. 9)
Allowable Subject Matter
10. Claim 22 is allowed.
Regarding claim 22, Roehm (WO 2005/040627; refer to attached translation) is the most relevant prior art.
Roehm discloses the device as recited in claim 12.
Roehm fails to disclose a method for producing the device as recited in claim 12.
11. Claims 13 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 13, Roehm (WO 2005/040627; refer to attached translation) is the most relevant prior art.
Roehm discloses the connector (22).
Roehm discloses further comprising a coupling sleeve connected in a form-fitting manner to the connector.
It would not have been obvious to one having ordinary skill in the art to modify Roehm’s connector with the coupling sleeve due to elements 24 and 28 causing mechanical interference for said coupling sleeve.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF, can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731