DETAILED CORRESPONDENCE
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 office action on the merits of Application No. 19/128,566 filed on 05/09/2025. Claims have been 1-15 are pending. Claim 1 is independent claims.
Priority
Application claims the benefit of German Application No. DE10 2022 212 522.3 filed 11/23/2022. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Examiner Note
Examiner would welcome an interview to clarify any of the various objections/rejections seen below in order to expediate prosecution of the instant application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-7 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata (US 20120220380 A1)(1st interpretation).
Regarding claim 1, Murata discloses a gearbox (21, figs. 1-4), comprising:
at least one vibration damper (1, fig. 3); and
a gearwheel (e.g. 21P or a shaft (e.g. 10, fig. 3), wherein the at least one vibration damper (1) is attached to the gearwheel (21P via carrier 21C, fig. 3) or the shaft (21Ps) of the gearbox. (see para 28)
Regarding claim 2, Murata discloses the gearbox (e.g. 21, figs. 3-4) according to claim 1,wherein the at least one vibration damper (1) has a primary damping mass (20) which is coupled to the gearwheel (21P) or the shaft (10) via one or more springs (31) and/or via one or more dampers (40).
Regarding claim 3, Murata discloses the gearbox (e.g. 21, figs. 3-4, para 28) according to claim 1, wherein; the at least one vibration damper (1) comprises a primary damping mass (20, fig. 4) and a secondary damping mass (has no character numeral, see fig. 4); wherein the secondary damping mass is joined to the gearwheel (21P) or the shaft (10, fig. 3); and wherein the primary damping mass (20) is coupled to the secondary damping mass via one or more springs (31) and/or one or more dampers (40).
Regarding claim 4, Murata discloses the gearbox (e.g. 21, figs. 3-4, para 28) according to claim 3, wherein the secondary damping mass forms a housing (see fig. 4) in which the primary damping mass (20), the one or more springs (31) and/or the one or more dampers (40) are arranged.
Regarding claim 5, Murata discloses the gearbox (e.g. 21, figs. 3-4, para 28) according to claim 2, wherein the primary damping mass (20) is rotationally symmetrical with respect to a rotation axis (e.g. an axis of shaft 10 as shown in fig. 3) of the gearwheel (21P) and/or the shaft (10).
Regarding claim 6, Murata discloses the gearbox (e.g. 21, figs. 1-4, para 28) according to claim 5, wherein the primary damping mass (20) and/or the secondary damping mass (20) have the basic shape of is shaped as a toroid (since 20 is a donut shape and has a hole in center through which other elements are located. (See fig. 2)
Regarding claim 7, Murata discloses the gearbox (e.g. 21, figs. 1-4, para 28) according to claim 2, wherein the shaft (10) extends through (see fig. 2) a recess in the primary damping mass (20).
Regarding claim 13, Murata discloses the gearbox (e.g. 21, figs. 1-4, para 28) according to claim 3, wherein the primary damping mass and/or the secondary damping mass (20, fig. 3) is rotationally symmetrical with respect to a rotation axis of the gearwheel and/or the shaft (10).
Regarding claim 14, Murata discloses the gearbox (e.g. 21, figs. 1-4, para 28) according to claim 13, wherein the primary damping mass and/or the secondary damping mass (20) is shaped as a toroid. (see fig. 2)
Regarding claim 15, Murata discloses the gearbox (e.g. 21, figs. 1-4, para 28) according to claim 3, wherein the shaft (10, fig. 2) extends through a recess in the primary damping mass and/or the secondary damping mass (20).
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata (US 20120220380 A1)(2nd interpretation).
Regarding claim 1, Murata discloses a gearbox (21, figs. 1-4), comprising:
at least one vibration damper (1, fig. 3); and
a gearwheel (e.g. 21P or a shaft (e.g. 21Ps, 21Sa, fig. 2), wherein the at least one vibration damper (1) is attached to the gearwheel (21P via carrier 21C, fig. 3) or the shaft (21Ps) of the gearbox. (see para 28)
Regarding claim 8, Murata discloses the gearbox (e.g. 21, figs. 1-4, para 28) according to claim 1, the shaft (21Sa, 21Ps) does not lie in a torque flow extending from an input shaft (4a, fig. 1) to an output shaft (10) and is driven by a shaft (22Rs) lying in the torque flow.
Claims 1 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SERKH et al. (US 20080300098 A1).
Regarding claim 1, SERKH discloses a gearbox (e.g. 17, 14, 16, figs. 1-3), comprising:
at least one vibration damper (12, fig. 3, para 17); and
a gearwheel (e.g. planetary gear 14) or a shaft (e.g. input member 13, fig. 3), wherein the at least one vibration damper (12) is attached to the gearwheel (14 via carrier 13a, and plate 12C, fig. 3) or the shaft (13) of the gearbox. (see para 42)
Regarding claim 11, SERKH discloses the gearbox (fig. 3) according to claim 1, comprising an input shaft (e.g. crankshaft CRK, fig. 3) configured as a hollow shaft; wherein the input shaft (CRK) and the shaft (13) are aligned coaxially to each other.
Regarding claim 12, SERKH discloses a method for mounting the vibration damper (12) of the gearbox (fig. 3) according to claim 11 on the shaft of the gear box, the method comprising:
guiding the vibration damper (12) through the input shaft (CRK) and attaching the vibration damper on the gearwheel or the shaft.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scheller et al. (US 20210301789 A1)(hereinafter “Scheller”).
Regarding claim 1, Scheller discloses a gearbox (e.g. not shown, see para 41, figs. 1-4), comprising:
at least one vibration damper (19, figs. 2/3, para 41); and
a gearwheel (e.g. not shown the gear of the gearbox as disclosed in para 41) or a shaft (e.g. 21, fig. 4), wherein the at least one vibration damper (19) is attached to the gearwheel (see para 41 “The vibration damper 19 is an active system and consists of two excentrically mounted revolving and counter-revolving damper masses 20 (unbalanced masses) which are each driven by a motor (or a motor and a gearbox) and are maintained at a constant distance from a common axis of rotation 22 via a guide arm 21”) or the shaft (21) of the gearbox. (see para 41)
Regarding claim 9, Scheller discloses the gearbox according to claim 1, wherein the gearbox is configured as a wind turbine gearbox. (see fig. 1 and para 41)
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garabello et al. (US 20230019363 A1)(hereinafter “Garabello”).
Regarding claim 1, Garabello discloses a gearbox (e.g. 45, see para 23, figs. 1-9), comprising:
at least one vibration damper (560, figs. 7, para 37); and
a gearwheel (e.g. sun gear 52, fig. 7, para 24) or a shaft (e.g. 100, fig. 7, para 20), wherein the at least one vibration damper (560, fig. 8A) is attached to the gearwheel (52, fig. 7) or the shaft (100) of the gearbox (45, fig. 7). (see para 37)
Regarding claim 10, Garabello discloses the gearbox (e.g. 45, fig. 7) according to claim 1, wherein the shaft (100) is configured as a sun shaft of a planet stage (e.g. 50, fig. 6E, para 24) and wherein the gearwheel (52) is configured as a sun gear of the planet stage (50, fig. 6E).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ventzke et al. (US 20120076652 A1) discloses a wind turbine 10, a gearbox 20 and a damper 52 as shown in fig. 1.
Nakashima et al. (US 20170159747 A1) discloses a control device of a powertrain with a centrifugal pendulum damper (5) and a torsional damping mechanism (4) as shown in fig. 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHANA PERVIN whose telephone number is (571)272-4644. The examiner can normally be reached Mon-Fri 7:30-5:00.
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, Jacob S. Scott can be reached at 5712703415. 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.
/FARHANA PERVIN/Examiner, Art Unit 3655
Prosecution Insights