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 replacement sheets of drawings were received on 28 May 2026. These drawings are unacceptable.
The drawings are objected to because the “third opening 288” ([0060]) should not be cross-hatched as if third opening 288 is a solid object being shown in cross-section, and several reference numeral lead lines are displaced from the referenced element. For example, in figure 3 the lead line for actuator 270 ([0047] line 4) should extend to and include the upward pointing arrowhead adjacent bearing 268, the lead line for fourth groove 366 ([0065] line 1) in the piston 266 should not appear to extend past the groove in the piston, and the lead line for fifth diameter 390 ([0069] line 1) should extend to the double-headed arrow indicating the inner diameter of the actuator. 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 Objections
Claim 5 is objected to because of the following informalities: in the last line of claim 5, “a plurality of housing” should be --a plurality of housings--. 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 2 and 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 2 does not accurately claim the disclosed invention by claiming that “the pin reduces rotation of the piston” and “the piston spins”. The specification describes in [0063] that the pin (352) reduces the rotation of the piston to zero, and figure 3 shows the pin rotationally fixes the piston to the axle housing (see also [0036] and fig. 2 for the housing), which does not rotate. [0050] discloses the actuator and the piston spinning at different rotational speeds, but it is clear that the particular example of the structure including a pin is one of the examples described by “for…other examples, the piston 266 may have a rotational speed of approximately zero (e.g., 0 rotations per minute (RPM)) and not rotate” at the end of [0050]. Since the pin fixes the piston against rotation, the differential lock assembly cannot include both a pin and a piston that spins.
In the last line of claim 5, it is not clear if “a plurality of housing of an axle assembly” includes the “a housing of the differential” in the last line of claim 1.
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 and 3-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller, U. S. Patent 4,644,823.
Mueller shows in figure 1 a differential lock assembly.
A differential comprises a differential cage 3. The differential housing 3 is described as a differential cage in lines 42 and 53-55 of column 2, being itself rotatably supported and being a housing element in which the bevel gears 11 and 12 are rotatably supported.
The differential lock assembly comprises a friction pack 14.
A piston bearing actuator system comprises a piston 18’ (col. 3, lines 3-6), a bearing 18, and an actuator 18”/19/20/21/16 abutting the friction pack 14, wherein the piston 18’ is an outer race for the bearing 18 and the actuator 18”/19/20/21/16 (portion 18”, specifically) is an inner race for the bearing 18. The differential cage 3 is supported by the piston bearing actuator 18’/18”/19/20/21/16, and is configured to rotate independently of a multi-part housing 1/2 of the differential (“differential housing 3 is rotatably supported in an outer housing 1 which is closed off by a cover 2 bolted to the side of the outer housing 1” col. 2, lines 42-44). As shown in figure 1, the outer race 18’ is supported by an axially extending, inner flange and an outer, bolted-on flange of the portion 2 of the housing 1/2, the inner race 18” is supported on a rightward extending boss of the differential cage 3, and ball bearings 18, which are radial bearings that can accommodate thrust loads, are disposed between the two races such that the piston (18’), bearing (18), and inner race portion (18”) of the actuator of the piston bearing actuator system is shown to support the differential cage 3 in the outer housing 1.
(claim 1)
There is a plurality of bearings 18 between the actuator 18”/19/20/21/16 and the piston 18’.
(claim 3)
The bearings 18 are shown in figure 1 to be ball bearings.
(claim 4)
The differential cage 3 for the differential comprises a drum, on the left side of figure 1, and a plurality of locking features 15 of the friction pack 14 are rigidly coupled to the drum (“outer lamellae 15 are non-rotatably held in axial grooves of the differential housing 3”, col. 2, lines 60-62). The differential cage 3 is further supported by a first bearing assembly (the tapered roller bearing beneath reference numeral 13, in housing portion 1) and a second bearing assembly (the tapered roller bearing just to the left of lip seal 8, in housing portion 2) configured to allow the differential cage to rotate independently of a plurality of housings 1 and 2 of an axle assembly.
(claim 5)
A side gear 9 for the differential is rigidly coupled to a hub, extending axially to the left in figure 1, and a plurality of disks 13 of the friction pack 14 are rigidly coupled to the hub (col. 2, lines 56-60). The friction pack 14 is a disk pack (“lamellae package”) and selectively couples the side gear 9 to a differential housing 3.
(claim 6)
The side gear 9 comprises the hub, as described in column 2, lines 56-57 and figure 1.
(claim 7)
The piston 18’ is hollow with an opening that surrounds the actuator 18”/19/20/21/16 (portion 18”, specifically).
(claim 8)
The actuator 18”/19/20/21/16 is hollow, and a shaft 6 extends through a volume of the actuator 18”/19/20/21/16 formed by the inner circumference of the portion 18”.
(claim 9)
The volume of the actuator within portion 18” has a constant diameter.
(claim 10)
The piston 18’ comprises a land, the land extending in an axial direction, toward the right in figure 1 to hydraulic ring 22, from a surface of the piston 18’.
(claim 11)
The actuator 18”/19/20/21/16 includes a land 20 extending radially outward from the actuator.
(claim 12)
A first surface, extending from the point 26 generally radially outward, and a second surface, around the outer circumference of 20, are contiguous. The first surface and second surface are outer surfaces. The first surface curves radially outward toward the second surface, the second surface curving radially around the land 20.
(claim 13)
The friction pack 14 is arranged between a differential housing 3 (left-most cap/wall) for the differential and the piston 18’.
(claim 14)
Allowable Subject Matter
Claims 15 and 18-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: previously indicated allowable claim 17 was properly incorporated into independent claim 15, and independent claim 20 was properly amended to overcome the 35 USC 112(b) (reasons for allowability over the prior art provided in the Office Action of 02 March 2026). Due to the contradiction nature of the 35 USC 112(b) rejection of claim 2 above, allowability of claim 2 over the prior art cannot be determined.
Response to Remarks
On page 11, the Applicant remarks that in Mueller the rotational support of the differential housing 3 in the outer housing 1 is not provided by the engaging clutch 17 or its bearing 18, and the bearing 18 transmits axial force while accommodating rotation, concluding “the bearing 18 of Mueller does not support the differential housing 3 for rotation relative to the outer housing 1.” The Examiner respectfully disagrees, as the continuous chain of contact from the rotating housing (cage) 3 to the inner race 18”, the bearings 18, the outer race 18’, and the stationary housing 1, with the radial and axial supporting nature of ball bearings (bearings 18, being round in the cross section of figure 1, are shown as balls) results in the differential cage 3 being supported by the bearing portion 18”/18/18’ of the piston bearing actuator system. Since the rotating housing 3 is a rotating differential cage, and the outer housing 1 is a stationary housing of the differential, the differential cage is configured to rotate independently of the housing of the differential.
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 SHERRY LYNN ESTREMSKY whose telephone number is (571)272-7090. The examiner can normally be reached M-F 8:30am-4:30pm.
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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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SLE
/SHERRY L ESTREMSKY/Primary Examiner, Art Unit 3655
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