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 Rejections - 35 USC § 112
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 3 is 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 3 recites “an uppermost point” in line 4, it is unclear if this is different from that already recited in line 3.
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, 2, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (US 2022/0099177 A1) in view of Balistreri et al. (US 2021/0054920 A1). Tamura discloses a transmission device (title) comprising:
Re claim 1, a transmission mechanism (3); and a gear case (6) that accommodates the transmission mechanism, wherein the transmission mechanism includes an input gear (311), a counter gear (312,313) having a rotation axis (J4) parallel to a rotation axis (J2) of the input gear, a ring gear (331) having a rotation axis (J5) parallel to the rotation axis of the input gear, a differential case (332) fixed to the ring gear, a differential mechanism (fig. 2: 333,335) disposed inside the differential case, an input gear bearing (41,42) rotatably supporting the input gear, a counter gear bearing (315,316) rotatably supporting the counter gear, and a differential case bearing (341,342) rotatably supporting the differential case, wherein the counter gear includes a first gear (312) that meshes with the input gear, and a second gear (313) that has an outer diameter smaller than an outer diameter of the first gear, is disposed concentrically with the first gear, and meshes with the ring gear (fig. 1), wherein the gear case includes a catch tank (63), a guide (632) that sends oil scraped up by the ring gear to the catch tank, and a guide portion (fig. 8: 61) that is disposed at a position axially shifted from the guide in an axial direction of the ring gear and guides the oil to the guide (fig. 4 shows 61 being in the background and 632 protruding into the foreground), wherein the guide has an upstream end (upstream edge of 632) and a downstream end (downstream edge of 632) in a flow direction of the oil, the upstream end is located radially outside the ring gear (fig. 6), the guide portion extends from a first end (fig. 8: upper end of 61 adjacent to 632) coupled to the upstream end of the guide to a second end (fig. 8: lower end of 61 adjacent to 64) overlapping the ring gear when viewed in the axial direction of the ring gear (fig. 8 shows the extent of guide portion 61 extending from 64 to 632; fig. 3 shows the overlap between the guide portion and the ring gear).
Re claim 2, wherein the ring gear is a helical gear twisted so that the oil is sent toward the guide portion when the ring gear rotates in a direction in which the oil is scraped up toward the guide (fig. 5 shows the helical feature of the teeth so that oil is slung towards the guide portion when rotating counterclockwise).
Re claim 5, wherein the differential case includes a window (651; par [0088]) communicating with an inside of the differential case, and wherein the gear case has a hanging wall (65) extending downward from the second end of the guide portion toward the window.
Tamura does not disclose:
Re claim 1, the guide portion is a recess provided in an inner face of the gear case or a rib protruding from the inner face of the gear case.
However, Balistreri teaches a transmission device (fig. 2):
Re claim 1, the guide portion is a recess (148, par [0052,0057]) provided in an inner face of the gear case (120A) or a rib protruding from the inner face of the gear case.
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a recessed guide portion, as taught by Balistreri, to be able to capture a sufficient volume of lubricant and redirected it to the guide.
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 6/1/2026 have been fully considered but they are not persuasive.
On pages 7-10 of the Remarks, Applicant argues Tamura side plate 61 does not include any structure for guiding oil scarped up by the ring gear 331. Side plate 61 is not involved in guiding oil from the ring gear. Examiner respectfully disagrees. Tamura fig. 8 shows the wall surface of 61 would serve as a guide portion for oil flow path. A portion of the oil flung up by the ring gear 331 would crash onto wall surface of 61 and redirected towards 63, similar to the arrow CL shown in figs. 3 and 6. Fig. 5 shows the helical twist of the gear teeth of the ring gear 331 that are angled to directed oil towards the guide portion 61.
On pages 10-11, Applicant argues Balistreri lubricant catch 148 serves solely as a final destination for catching oil flung up from the ring gear 128. The catch 148 does not have the function of guiding oil nor is it adjacent to such a guide. Examiner respectfully disagrees. Balistreri fig. 2 shows the oil flow path 150 where oil is being flung up by ring gear 128 towards guide portion 148, see also paragraph 0058. In a similar manner to Tamura, Balistreri shows a portion of the oil flung up by the ring gear would crash onto wall surface of 148 and redirected towards guide 182, similar to the arrow 150 shown in fig. 2. The figures also show the position/arrangement of the guide portion 148 having a side wall and an open bottom such that the guide portion 148 would not be able to hold onto the oil for an extended period of time, therefore could not serve solely as a final destination.
Conclusion
THIS ACTION IS MADE FINAL. 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 MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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, Robert Hodge can be reached at (571) 272-2097. 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.
/Minh Truong/Primary Examiner, Art Unit 3654
Prosecution Insights