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.
Claims 1 and 3 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 “to be shifted from”, it is unclear if the guide portion is being shifted during operation or if the shifted position is already set prior to operation.
Claim 3 recites “overlaps a portion”, it is unclear what structure this portion is referring to.
Claim 3 recites “an uppermost”, it is unclear what structure this point is referring to.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tamura et al. (US 2022/0099177 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 to be shifted from the guide in an axial direction of the ring gear and guides the oil to the guide, 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, wherein the upstream end is located radially outside the ring gear (fig. 6), and wherein 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 3, wherein the second end of the guide portion overlaps a portion before reaching an uppermost point when the ring gear rotates in a direction in which the oil is scraped up toward the guide or an uppermost point of the ring gear when viewed in an axial direction of the ring gear (fig. 3 and fig. 6).
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.
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) 4 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 the transmission device (as cited above). Tamura does not disclose:
Re claim 4, wherein the guide portion is a recess provided in an inner face of the gear case.
However, Balistreri teaches a transmission device (fig. 2):
Re claim 4, wherein the guide portion is a recess (148, par [0052]) provided in an inner face of the gear case (120A).
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.
Conclusion
The cited prior art(s) made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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/Minh Truong/Primary Examiner, Art Unit 3654