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 § 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 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Paetzold et al. (DE 19820881 A1).
Regarding claim 1, Paetzold et al. discloses a drive assembly including a contiguous oil chamber having at least two vents (vents formed at 5 and 6), wherein - depending on the inclined state of the drive assembly - one of the vents lies above the current oil level in the oil chamber (evident from figures 1-3; there would be one above the other such as under normal conditions 6 would be at the highest point), and wherein the first vent is installed at the position of the drive assembly in the normal position of the latter which under specific driving conditions becomes free of oil (the first vent could be considered vent 6 since it is at the highest position under normal conditions).
Regarding claim 2, Paetzold et al. discloses the drive assembly according to claim 1, wherein attached to each vent is in each case one hose piece (7 and 8 are hoses), the latter connecting to one another so as to form a venting hose (these hoses connect to each other through breather 9).
Regarding claim 3, Paetzold et al. discloses the drive assembly according to claim 2, wherein the venting hose is flexible in terms of its length at least in parts (evident from figures and described as flexible vent lines in specification).
Regarding claim 4, Paetzold discloses the drive assembly according to claim 1, wherein the first vent is installed at the highest position of the drive assembly in the normal position of the latter (as disclosed vent 6 would be at this position).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. There are numerous prior art references which fully read on the invention both as disclosed and claimed. Only a small portion will be further cited for sake of compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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/THOMAS C DIAZ/Primary Examiner, Art Unit 3617
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