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 .
This office action is in response to the amendment filed 18 January 2026, in which claims 1, 8, 10, 14, 15, and 17 were amended.
Claim Objections
Claims 1, 15, and 17 are objected to because of the following informalities. Examiner suggests the changes below:
“a vehicle” be changed to --the vehicle-- (claim 1, line 3), since this feature has already been claimed;
“an existing components” be changed to --existing components-- (claim 15, line 7);
“an existing components” be changed to --the existing components-- (claim 17, line 3), since this feature has already been claimed.
Appropriate correction is required.
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 1-7 and 15-20 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 the limitation "the vehicle body" in line 4. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests rephrasing to read --a vehicle body--.
Claim 1 recites the limitation "the rear" in line 4. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests rephrasing to read --a rear--.
Claim 15 recites the limitation "the rear" in line 9. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests rephrasing to read --a rear--.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-5, 8-10, and 13-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White (US 2031399 A). White discloses a power take-off system (figures 1-7) for a vehicle (figure 1), and a method of installing the power take-off system on the vehicle, comprising:
(claims 1, 8, 15) a power take-off assembly having a power take-off drive shaft (including shaft/tube members #2, 3, 9, 12-14, 18) configured to be interwoven through a chassis (frame) of a vehicle, wherein the power take-off drive shaft is disposed under a vehicle body and directs power toward the rear of the vehicle therein, the power take-off assembly is configured to power internal and external equipment (has the ability to so perform, such as powering grinding machine #25 or other mechanisms via shaft #18, and powering rear differential #4 via shaft #3; figures 1-7; pages 1-2);
a clutch (including gears #15, 17, 27) operatively connected to an engine (engine coupled with transmission #1) of the vehicle and adapted to selectively engage with the power take-off drive shaft (#2, 3, 9, 12-14, 18) to transfer energy from the engine to the power take-off drive shaft (figures 1-4; pages 1-2);
wherein the power take-off system is configured to be installed on the vehicle without modifications to the chassis (frame) of the vehicle (has the ability to so perform, since the intent is to provide easy installation to an existing vehicle without major alterations; page 1, column 1, lines 3-13);
(claims 2, 13, 16) wherein the power take-off drive shaft includes a first drive shaft and a second drive shaft connected by a universal joint (including drive shafts #2, 3, 9, 12-14, 18 connected by universal joints #10, 28; figures 1-4; pages 1-2);
(claims 3, 14, 17) wherein the universal joint (#10, 28) enables the power take-off drive shaft (#2, 3, 9, 12-14, 18) to navigate around existing components of the vehicle (figures 1-4; page 1, column 1, lines 3-13);
(claims 4, 9, 18) a gear box (including casing #5, which houses gears #15, 17, 27) operatively associated with the power take-off drive shaft (#2, 3, 9, 12-14, 18), wherein the gear box is configured to modify rotational energy transfer between the power take-off drive shaft (at least shafts #3, 18) and the engine (engine coupled with transmission #1; has the ability to so perform; figures 1-4; pages 1-2);
(claims 5, 10, 19) wherein the gear box (#5) is mounted (via bars #8) to the chassis (including side channel beams #7) of the vehicle without modifying the chassis (figure 4; page 1, column 1).
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) 6, 7, 11, 12, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over White (US 2031399 A) in view of Marotte et al. (US 8950525 B2). White discloses a pulley system (including pulleys #21, 23) and a power take-off belt (#22; figure 1; page 1, column 2, lines 26-43), but does not disclose a pulley system connected to the engine and a power take-off belt, wherein the power take-off belt is configured to transfer rotational energy from the engine to the clutch. Marotte et al. teaches a power take-off system (including PTO #250) for a vehicle (#100), and a method of installing the power take-off system on the vehicle, comprising a pulley system (including pulleys #280, 305) connected to an engine (#130) and a power take-off belt (#265), wherein the power take-off belt is configured to transfer rotational energy from the engine to a clutch (#230; figures 2, 3, 5, 6; columns 3-4), wherein the pulley system is integrated with an existing pulley assembly carried by the engine (figures 2, 3, 5, 6; columns 3-4). 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 power take-off system and method of White to include a pulley system connected to the engine and a power take-off belt, wherein the power take-off belt is configured to transfer rotational energy from the engine to the clutch, as taught by Marotte et al., so as to provide a compact structure with ease of assembly for after-market applications (Marotte et al.: column 1, lines 27-32; column 4, line 41-column 5, line 8; column 6, lines 8-17).
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kokot, Jr., et al. (US 11479120 B2) in view of Marotte et al. (US 8950525 B2). Kokot, Jr., et al. discloses a power take-off system (figures 1-3) for a vehicle (figure 1), and a method of installing the power take-off system on the vehicle, comprising:
(claims 1, 8, 15) a power take-off assembly having a power take-off drive shaft (including shafts #16, 24, 26) configured to be interwoven through a chassis (including undercarriage #12 of frame) of a vehicle (figure 1), wherein the power take-off drive shaft is disposed under a vehicle body and directs power toward the rear of the vehicle therein (figures 1, 2), the power take-off assembly is configured to power internal and external equipment (has the ability to so perform, such as powering auxiliary equipment #14 installed on the vehicle and external devices powered by the auxiliary equipment #14; Abstract; column 1; column 2, lines 46-54);
an engine (engine drives transmission #18; column 1, lines 27-56; column 2, line 46-column 3, line 10);
wherein the power take-off system is configured to be installed on the vehicle without modifications to the chassis of the vehicle (has the ability to so perform; column 4, lines 4-33);
(claims 2, 13, 16) wherein the power take-off drive shaft includes a first drive shaft and a second drive shaft connected by a universal joint (including shafts #16, 24, 26 connected by universal joints #20, 22, 28; figures 1-6; column 2, line 65-column 4, line 46);
(claims 3, 14, 17) wherein the universal joint (#20, 22, 28) enables the power take-off drive shaft (#16, 24, 26) to navigate around existing components of the vehicle (figures 1-6).
Kokot, Jr., et al. discloses a PTO shaft (#16) associated with an engine-driven transmission (#18; figures 1-3; column 2, line 65-column 3, line 10), but does not disclose a clutch, gear box, pulley system, or power take-off belt. Marotte et al. teaches a power take-off system (including PTO #250) for a vehicle (#100), and a method of installing the power take-off system on the vehicle, comprising:
(claims 1, 8, 15) a power take-off assembly (PTO #250) having a power take-off drive shaft (including first shaft #235, second shaft #240) configured to be interwoven through a chassis (including frame #114) of a vehicle (#100), wherein the power take-off drive shaft is disposed under a vehicle body (figures 1, 2, 5, 7; columns 4-5);
a clutch (#230) operatively connected to an engine (#130) of the vehicle (#100) and adapted to selectively engage with the power take-off drive shaft (#235, 240) to transfer energy from the engine to the power take-off drive shaft (figures 2, 3, 5, 6; columns 3-5);
wherein the power take-off system (including PTO #250) is configured to be installed on the vehicle (#100) without modifications to the chassis (including frame #114) of the vehicle (has the ability to so perform, in that PTO #250 is mounted beneath frame rails #270 via housing #245 mounted to undercarriage #116 of frame #114 with fasteners #252 extending through flanges #256 of carrier #255; figures 2, 5, 7; columns 4-5);
(claims 2, 13, 16) wherein the power take-off drive shaft includes a first drive shaft (#235) and a second drive shaft (#240) connected by a universal joint (#242; figures 2, 5, 7; column 4);
(claims 3, 14, 17) wherein the universal joint (#242) enables the power take-off drive shaft (#235, 240) to navigate around existing components of the vehicle (#100; figures 2, 5, 7; columns 4-5);
(claims 4, 9, 18) a gear box (#220) operatively associated with the power take-off drive shaft (#235, 240), wherein the gear box is configured to modify rotational energy transfer between the power take-off drive shaft and the engine (#130; has the ability to so perform; figures 2, 3, 5, 6; columns 3-5);
(claims 5, 10, 19) wherein the gear box (#220) is mounted (at least via connection to engine #130 mounted to frame #114, and via connection to PTO #250 mounted to frame rails #270) to the chassis (#114) of the vehicle (#100) without modifying the chassis (figures 2-7; columns 2-5);
(claims 6, 11, 20) a pulley system (including pulleys #280, 305) connected to the engine (#130) and a power take-off belt (#265), wherein the power take-off belt is configured to transfer rotational energy from the engine to the clutch (#230; figures 2, 3, 5, 6; columns 3-4);
(claims 7, 12) wherein the pulley system (including pulleys #280, 305) is integrated with an existing pulley assembly carried by the engine (#130; figures 2, 3, 5, 6; columns 3-4).
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 power take-off system and method of Kokot, Jr., et al. to include a clutch, gear box, pulley system, and power take-off belt, as taught by Marotte et al., so as to provide a compact structure with ease of assembly for after-market applications, in which a clutch is capable of being energized or de-energized in response to operator’s desire to control activation of the power take-off assembly (Marotte et al.: column 1, lines 27-32; column 3, line 50- column 6, line 17).
Response to Arguments
Applicant's arguments filed 18 January 2026 with respect to independent claim(s) 1, 8, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. While Marotte et al. (US 8950525 B2) is part of the prior art rejections above, it is used as a secondary reference to teach clutch, gear box, pulley system, and power take-off belt details, which were not included in Applicant’s arguments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
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