Prosecution Insights
Last updated: April 19, 2026
Application No. 19/117,899

AN IMPROVED GEARBOX FOR A POWERED RUNNING BOARD

Non-Final OA §103
Filed
Apr 02, 2025
Examiner
RUSHING, JR, BOBBY
Art Unit
3618
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Magna Exteriors Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
90%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
368 granted / 487 resolved
+23.6% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
25 currently pending
Career history
512
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
29.7%
-10.3% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 487 resolved cases

Office Action

§103
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 . Claim Objections Claims 1, 2, 10, 16 and 17 are objected to because of the following informalities: Applicant may wish to amend “the a second stage gear” to “a second stage gear” at line 7 of claim 1 and line 7 of claim 16. Applicant may wish to add “of the” between “a second end” and “second stage screw shaft” at line 4 of claim 2, line 4 of claim 10 and line 4 of claim 17 to thusly read “a second end of the second stage screw shaft”. Appropriate correction is required. 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, the second stage screw shaft being enveloped by the second stage gear (claims 3, 11, 18 and 24). Also, the threaded cap does not contact the cup/outer race of the bearing at Fig. 2B. These features must be shown or canceled from the claim(s). No new matter should be entered. The drawings are further objected to because Fig 2B shows and end of item 40 within the inner circumferential surface of the housing 13’. 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 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, 8, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 7,118,120) in view of Peterson et al. (US 2022/0258672). Lee discloses and shows a gearbox for a vehicle step comprising: an actuator (Fig. 6, item 36) having a rotating shaft (44); a first stage of the gearbox (gears 50,52) wherein the rotating shaft of the actuator extends into the first stage and a first stage gear (50) connected to a first end of the rotating shaft; a transfer gear (52) in rotatable engagement with the first stage gear, and a second stage of the gearbox containing a second stage screw shaft (53) having a gear portion in rotatable engagement with a second stage gear (54), wherein the transfer gear is connected to the second stage gear for transferring force from the first stage to the second stage. Lee does not include a separate drive gear engaged to a further driven gear. Peterson discloses and shows a gearbox for a vehicle component comprising an actuator (Fig. 20, item 24) having a rotating shaft (not labeled); a first stage of the gearbox (gears 24a,68a) wherein the rotating shaft of the actuator extends into the first stage and a first stage gear (24a) connected to a first end of the rotating shaft; an overmolded transfer gear (52, see para 0086 where “other suitable hard and durable materials (such as steel and aluminum) may be used”, thus giving the possibility to include an overmolded gear) in rotatable engagement with the first stage gear, and a second stage of the gearbox containing a second stage screw shaft (68) having a gear portion in rotatable engagement with a second stage gear (70a), and a drive gear (70b) engaged to a driven gear (72a) for providing output force from the gearbox wherein the overmolded gear is connected to the second stage gear for transferring force from the first stage to the second stage, and the overmolded gear and the second stage gear provide reduced vibration and distributes contact stress between the overmolded gear and the first stage gear and the second stage gear and the gear portion of the second stage screw shaft (the combined gearbox having the structural features would naturally provide the same qualities). The separate drive gear engaged to a further driven gear ensures optimal power and torque delivery with smoother operation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Lee gearbox with a separate drive gear engaged to a further driven gear for the added benefit of optimal power and torque delivery with smoother operation. Cl. 8 –the gearbox further comprises an output shaft (58) having one end connected to a bracket (24) that is connected to a step (10) and a second end extending into the second stage of the gearbox and being connected to the driven gear (54 is also a driven gear in this case). Cl. 9 – the bracket is connected to a vehicle. Cl. 16 – Lee discloses and shows a gearbox for a vehicle step comprising: an actuator (Fig. 6, item 36) having a rotating shaft (44); a first stage of the gearbox (gears 50,52) wherein the rotating shaft of the actuator extends into the first stage and a first stage gear (50) connected to a first end of the rotating shaft; a transfer gear (52) in rotatable engagement with the first stage gear, and a second stage of the gearbox containing a second stage screw shaft (53) having a gear portion in rotatable engagement with a second stage gear (54), wherein the transfer gear is connected to the second stage gear for transferring force from the first stage to the second stage, and an output shaft (58) having one end connected to a bracket (24) that is connected to a step (10) and a second end extending into the second stage of the gearbox and being connected to the driven gear (54 is also a driven gear in this case), wherein the bracket is connected to a vehicle (14). Lee does not include a separate drive gear engaged to a further driven gear. Peterson discloses and shows a gearbox for a vehicle component comprising an actuator (Fig. 20, item 24) having a rotating shaft (not labeled); a first stage of the gearbox (gears 24a,68a) wherein the rotating shaft of the actuator extends into the first stage and a first stage gear (24a) connected to a first end of the rotating shaft; an overmolded transfer gear (52, see para 0086 where “other suitable hard and durable materials (such as steel and aluminum) may be used”, thus giving the possibility to include an overmolded gear) in rotatable engagement with the first stage gear, and a second stage of the gearbox containing a second stage screw shaft (68) having a gear portion in rotatable engagement with a second stage gear (70a), and a drive gear (70b) engaged to a driven gear (72a) for providing output force from the gearbox wherein the overmolded gear is connected to the second stage gear for transferring force from the first stage to the second stage, and the overmolded gear and the second stage gear provide reduced vibration and distributes contact stress between the overmolded gear and the first stage gear and the second stage gear and the gear portion of the second stage screw shaft (the combined gearbox having the structural features would naturally provide the same qualities). The separate drive gear engaged to a further driven gear ensures optimal power and torque delivery with smoother operation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Lee gearbox with a separate drive gear engaged to a further driven gear for the added benefit of optimal power and torque delivery with smoother operation. Claim(s) 2, 3, 10, 11, 17, 18, 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Peterson and further in view of Bender et al. (DE 10 2009 005 346). Lee and Peterson disclose the gearbox of claims 1 and 16 as described elsewhere above. Neither specifies the type of bearings used to support the shafts. Regarding claims 2 and 17, Bender discloses and shows a gearbox where an angular contact bearing rotatably supporting a first end of the second stage screw shaft, a tapered roller bearing rotatably supporting a second end of the second stage screw shaft (para 0013 of English translation), wherein the angular contact bearing and the tapered roller bearing are positioned along the axis of the second stage screw shaft. The angular contact and tapered bearings are easy to install and absorb axial forces (para. 0013). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Lee/Peterson gearbox to include an angular contact bearing and a tapered roller bearing to rotatably support opposite ends of the second stage screw shaft for the benefit of easy install and absorption of axial forces as taught by Bender. Cls. 3, 11, 18 and 24 – the gear portion of the second stage screw shaft (Lee, 53) is enveloped by the second stage gear (54). Cls. 10 and 23 – the gearbox further comprises a first angular contact bearing rotatably supporting a first end of the second stage screw shaft, a second angular contact bearing rotatably supporting a second end of the second stage screw shaft (para 0013 of English translation), wherein the first angular contact bearing and the second angular contact bearing are positioned along the axis of the second stage screw shaft. Claim(s) 5-7, 13-15, 20-22 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Peterson and further in view of Bender and further still in view of Plesniak et al. (US 2022/0349462). Lee and Peterson disclose the gearbox as described elsewhere above where both include a housing of the gearbox. Regarding claims 5, 13, 20 and 26, however, neither includes a threaded end cap connected to the housing as claimed. Plesniak discloses and shows a gearbox having a housing (1002) and a threaded end cap (Fig. 5A, item 1014) connected to the housing, wherein the threaded end cap contacts a cup (outer race) of the tapered roller bearing (1003) and provides compressive force on the tapered roller bearing, the second stage screw shaft and the angular contact bearing (para. 0082). Not only does the threaded cap provide a compressive force, but it also makes it possible to adjust the compressive force and pretension on the bearings, shaft and gear. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Lee/Peterson to where the housing includes a threaded end cap such that the threaded end cap contacts the cup (outer race) of the tapered roller bearing and provides an adjustable compressive force and pretension on the bearings, shaft and gear. Cls. 6, 7, 14, 15, 21, 22, 27 and 28 – Neither Peterson, Bender nor Plesniak discusses the fitting of the bearings to the housing and to the second stage screw shaft. Yet, one of ordinary skill, knowledge and sense (enough to design, manufacture and use gearboxes) would have easily recognized that it would be desirous to use the allotted fitting for the bearings to the housing and shaft for usability and maintenance. Allowable Subject Matter Claims 4, 12, 19 and 15 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST. 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, Minnah Seoh can be reached at (571) 270-7778. 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. /BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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Prosecution Timeline

Apr 02, 2025
Application Filed
Mar 20, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
90%
With Interview (+14.4%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 487 resolved cases by this examiner. Grant probability derived from career allow rate.

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