reDETAILED 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 enclosing angles of claims 5 and 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 lubricant is distributed by the rotating element so that the lubricant is driven to the first lubricant accumulation space of claim 7 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 Objections
Claim 1 is objected to because it appears that line 10 should be continuous with line 9 instead of a new line, for example, the claim have recited “is enabled to enter and a higher positioned outlet”. 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 1-10 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 baffle element “positioned within the second lubrication accumulation space” then later recites the second lubrication accumulation space “is a space within the baffle element”, it is unclear what is the structural relationship between the baffle element and the second lubrication accumulation space. How are the two structures arranged within each other?
Claim 1 recites “a higher positioned outlet opening”, it is unclear what point of reference this higher to.
Claim 1 recites the limitation "the first to the second lubricant accumulation space" in lines 15-16. There is insufficient antecedent basis for the “the first” limitation and the “the second lubricant accumulation space” in the claim. Examiner recommends amending the claim to recite --the first lubrication accumulation space-- and --the second lubrication accumulation space-- (emphasis added). Claims 1 and 7 have other areas where “lubricant accumulation space” should be changed to --lubrication accumulation space--.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements pertain to how lubricant is able to flow upward from the inlet to the outlet. Is there an active force pushing the lubricant upward? Or the accumulation of lubricant to the fill level at the higher-positioned inlet enables the said flow?
Claim 5 recites the limitation "the intake". There is insufficient antecedent basis for this limitation in the claim. Examiner recommends amending the claim to recite --the intake opening--.
Claim 5 recites the enclosing angle, it is unclear how the intake opening and outlet opening form an enclosure as claimed. What structure is being enclosed by the two openings?
Claim 6 recites the limitation "the intake". There is insufficient antecedent basis for this limitation in the claim. Examiner recommends amending the claim to recite --the intake opening--.
Claim 6 recites the enclosing angle, it is unclear how the intake opening and outlet opening form an enclosure as claimed. What structure is being enclosed by the two openings?
Claim 10 is recites the limitation "the lubricant fill level". There is insufficient antecedent basis for this limitation in the claim.
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 12,655,901 B2) in view of Spruce et al. (US Pub 2022/0127012 A1). Li discloses an arrangement for lubrication (fig. 3), comprising
Re claim 1, a housing (10), at least a rotating element (24,30,31,32), a first lubrication accumulation space (12) at a higher location in the housing than a rotating axis of the rotating element (fig. 2), a second lubrication accumulation space (14) at a lower location than the rotating axis of the rotating element (fig. 2), a baffle element (15), positioned within the second lubrication accumulation space (fig. 2), a bearing configured to position the rotating element (col 6 ln 40-41 describes the bearing), wherein the lubricant is directed from the first to the second lubricant accumulation space and to the bearing (col 3 ln 47-51, col 6 ln 35-41).
Re claim 2, wherein the bearing is a needle bearing (Examiner takes Official Notice that needle bearings are widely known in the art).
Re claim 3, wherein the rotating element is a shaft or a gear wheel (fig. 2).
Re claim 7, wherein the lubricant is distributed by the rotating element so that the lubricant is driven to the first lubricant accumulation space, flowing downward through the housing to the second lubricant accumulation space (col 3 ln 47-51) and through the outlet opening to lubricate the bearing from below the rotating element (Spruce fig. 5 taught below).
Li does not disclose:
Re claim 1, the baffle element having an intake opening so that lubricant is enabled to enter and a higher positioned outlet opening through which lubricant is released, wherein the second lubrication accumulation space is a space within the baffle element so that the second lubrication accumulation space is protected and separated from the rotating element, wherein the lubricant is directed further from the intake opening through the baffle element to the outlet opening to the bearing.
Re claim 4, wherein the baffle element comprises a segment that is concentric to the rotating element and the bearing.
Re claim 5, wherein the intake and outlet opening are enclosing an angle of 90° or less.
Re claim 6, wherein the intake and outlet opening are enclosing an angle of more than 90°.
Re claim 8, wherein the baffle element has a diameter that is adapted so that the baffle element partly surrounds the rotating element and the bearing.
Re claim 9, wherein the outlet opening comprises a curved shape, being adapted to a diameter of the rotating element and a diameter of the bearing.
Re claim 10, wherein the lubricant fill level is at least at the height level of the outlet opening.
However, Spruce teaches a lubrication arrangement (fig. 3) wherein:
Re claim 1, the baffle element (304) having an intake opening (308) so that lubricant is enabled to enter and a higher positioned outlet opening (310s) through which lubricant is released, wherein the second lubrication accumulation space (306s) is a space within the baffle element so that the second lubrication accumulation space is protected and separated from the rotating element (figs. 3-4), wherein the lubricant is directed further from the intake opening through the baffle element to the outlet opening to the bearing (fig. 4 shows the flow path, fig. 5 shows lubricant would drip downward to the bearing).
Re claim 4, wherein the baffle element comprises a segment that is concentric to the rotating element and the bearing (figs. 4-5 show 304 is concentric to 302 and bearing).
Re claim 5, wherein the intake and outlet opening are enclosing an angle of 90° or less (fig. 3: the side profile of the baffle from 308 to 310 would be less than 90 deg).
Re claim 6, wherein the intake and outlet opening are enclosing an angle of more than 90° (fig. 4: the arcuate angle from 308 to 310C-2 is more than 90 deg).
Re claim 8, wherein the baffle element has a diameter that is adapted so that the baffle element partly surrounds the rotating element and the bearing (figs. 4-5).
Re claim 9, wherein the outlet opening comprises a curved shape, being adapted to a diameter of the rotating element and a diameter of the bearing (fig. 4).
Re claim 10, wherein the lubricant fill level is at least at the height level of the outlet opening (lubricant traveling up 306 will reach as high as the outlet 310).
Regarding claim 1, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ with a baffle element with a lubrication accumulation space therein, as taught by Spruce, to provide a direct path and better guide the lubricant to travel to the predetermined areas and, at the same time, prevent churning loss.
Regarding claim 2, Examiner takes Official Notice that needle bearings are widely known in the art. It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ needle bearing to improve compactness of the system.
Conclusion
The cited prior art(s) made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571) 270-3014. The examiner can normally be reached M-F 8-4 pm.
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, Robert Hodge can be reached at (571) 272-2097. 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.
/Minh Truong/Primary Examiner, Art Unit 3654
Prosecution Insights