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 .
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 “separate disc” (claim 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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 1-5 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 a guide element “which is configured as a planar guide surface is arranged in the axial direction of extent of the journal between the differential gear and the drive gear” and “wherein an axially outwardly directed end face of the differential gear is configured as a planar guide surface.” Claim 1 thereafter recites “the planar guide surface engages in a radial recess, which surrounds the groove.”
It is unclear to which planar guide surface the claim refers in reference to the engaging in the radial recess. In addition, the guide element that is a planar guide surface in the “axial direction of extent of the journal” is unclear. The guide element is described as being elements 16 and 17 which are not in the axial direction of the journal/pin 7. As such, in view of the specification it is unclear what this claim language is intended to describe. Is this planar surface intended to be a different surface or is the phrasing of axial direction incorrect?
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)(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.
Claim(s) 1, 4-6, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Irikura et al. (US 6,015,362; hereinafter “Irikura”)
Claim 1
As best understood, Irikura discloses a differential having differential gears (5 or alternatively gear portion of 5 only) and a drive gear (2), wherein the drive gear (2) has a toothing system which runs outside on the orbiting side (see FIG. 2, illustrating outer teeth of 2) about a rotational axis and the differential gears are mounted rotatably in the drive gear, wherein the differential gears rotate jointly on one journal (9; or 9 and 7), wherein a guide element (planar surface of 2 against which planar surface of 5 abuts) which is configured as a planar guide surface is arranged in the axial direction of extent of the journal between the differential gear (5) and the drive gear (2), wherein an axially outwardly directed end face of the differential gear (5) is configured as a planar guide surface, and the journal (9; or 9 and 7) is mounted in each case in a radially extending groove (2b or 2c) of a main body (portion of 2 not include teeth) of the drive gear (2), and the planar guide surface (planar surface of 5) engages in a radial recess (2a), which surrounds the groove (2b or 2c), of the main body (portion of 2 not including the teeth) and the recess (2a) jointly with the groove (2b or 2c) is formable by a single tool on the main body of the drive gear.
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It is noted that the method of manufacturing is given little patentable weight and is merely the method of producing the claimed combination. In this case, Irikura is capable of being manufactured in this way.
Claim 4
Irikura discloses wherein the differential gears (5 or alternatively gear portion of 5 only) are in engagement with the drive gear (2) and are mounted so as to be rotatable about their own rotational axis (see FIG. 1).
Claim 5
Irikura discloses wherein the journal (9) extending radially to the drive gear (2) and protruding beyond the planar guide surface of the differential gears mounted in the groove (2b or 2c) such that that journal (9) is mounted in the circumferential direction about the rotational axis of the differential gears.
Claim 6
Irikura discloses a differential comprising:
a drive gear (2), comprising:
a radially outer toothing (outer teeth of 2);
a pair of a radially extending grooves (2b and/or 2c); and
a pair of radial recesses (2a), each surrounding one of the pair of radially extending grooves (2b and/or 2c);
a journal (9; or 9 and 7) comprising distal ends, each mounted in one of the pair of radially extending grooves (see FIG. 2);
a pair of differential gears (5), mounted rotatably in the drive gear (2) on the journal (9; or 9 and 7), each of the differential gears (5) comprising an axially outwardly directed end face arranged as a planar guide surface and engaged one of the pair of radial recesses (see annotated FIG. 2 above; note only one of the two sides is annotated but similar elements are also on the bottom end of the journal and bottom of the drive gear).
Claim 9
Irikura discloses wherein each of the pair of differential gears (5) is rotatable about its own rotational axis (see FIG. 2).
Claim 10
Irikura discloses wherein the distal ends of the journal (9; or 9 and 7) extend through the planar guides (end faces of 5) into the radially extending grooves (2b and/or 2c) such that the journal (9; or 9 and 7) is mounted about a rotational axis of the pair of differential gears (5).
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) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Irikura in view of Forrest et al. (US 2003/0040390; hereinafter “Forrest”).
Claim 2
Irikura does not disclose wherein a separate disc is arranged as a planar guide surface between the differential gear and the drive gear. However, Forrest discloses a differential including differential gears (106) that each include a washer (120) as a separate disc at the planar frictional surfaces (see FIG. 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Irikura to add a washer which is a separate disc between the two planar surfaces in order to reduce friction.
Claim 7
Irikura does not disclose a pair of discs, each arranged between one of the axially outwardly directed end faces and one of the pair of radial recesses. However, Forrest discloses a differential including differential gears (106) that each include a washer (120) as a separate disc at the planar frictional surfaces (see FIG. 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Irikura to add a washer which is a separate disc between each set of the two planar surfaces in order to reduce friction.
Claim(s) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Irikura in view of Forrest and further in view of Krzesicki et al. (US 2004/0162179; hereinafter “Krzesicki”).
Claim 3
Irikura as modified does not disclose wherein the separate disc has a coating. However, Krzesicki discloses a differential that includes thrust washers where the thrust washers may include a coating to improve wear and lubricity (see paragraph [0048]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Irikura to have also added a coating on the washer when incorporating the washer into Irikura in order to improve wear and lubricity.
Claim 8
Irikura as modified does not disclose wherein each of the pair of discs comprises a coating. However, Krzesicki discloses a differential that includes thrust washers where the thrust washers may include a coating to improve wear and lubricity (see paragraph [0048]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Irikura to have also added a coating on the washers when incorporating the washers into Irikura in order to improve wear and lubricity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0136954 discloses a journal opening and a curved gear abutment surface. DE102004055196A1 discloses a groove and planar gear surface. Mayhew (US 4,182,201) discloses a journal/journals (52 and 56) within recesses and grooves in the drive gear (14) and discs (38).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/ Primary Examiner, Art Unit 3655
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