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 because FIGS. 3 and 4 incorrectly illustrate the two sun gears S1 and S2, along with the input and output shafts, rotating together integrally. 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.
Claim 3 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 3 recites “the first and the second planetary gears are arranged coaxially with one another in relation to the drive shaft of the compressor unit.” It is unclear if only the two planetary gear sets are coaxial of the planetary gearsets and the drive shaft are coaxial.
Claim 5 is indefinite for the same reasons as claim 3.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Motl (US 5,328,419).
Claim 1
Motl discloses an air compressor (see column 1, first paragraph) capable of being used for a tire filling system, comprising:
a compressor unit (“compressor” as the accessory that is driven) configured to generate compressed air (see column 1, second paragraph disclosing the option of a compressor for an air brake which would generate compressed air) and having a drive shaft (the input to the compressor from the output shaft of the transmission), and
a gear unit (e.g., 94, 84, 86, 112), which can be switched between a first and a second transmission ratio (brake engaged or one way clutch engaged), having an input shaft (64) for connection to a driving device (70 or power source thereto) and an output shaft (28) connected to the drive shaft of the compressor unit.
Claim 2
Motl discloses wherein the gear unit comprises a first planetary gear with a first sun wheel (84), which is rotationally connected to the input shaft (64), and a second planetary gear with a second sun wheel (94), which is rotationally connected to the output shaft (28), and wherein, on a common planet carrier (86, 100, 96), a first planet wheel set (116) is in mesh with the first sun wheel (84) via first planet wheels (116), and a second planet wheel set (118) is in mesh with the second sun wheel (94) via second planet wheels (118), wherein the first and second planet wheels each form rotatably interconnected planet wheel pairs (112), wherein, to switch between the first and the second transmission ratios selectively in a first operating mode and a second operating mode, a brake (surface of 12 engaged with 134), fixed to the housing, blocks rotation of the planet carrier in the first operating mode, and in the second operating mode, a clutch (67) establishes a direct rotational connection between the input shaft (64) and the output shaft (28) to bypass the first and second planetary gears.
Claim 3
As best understood, Motl discloses wherein the first and the second planetary gears are arranged coaxially (see FIG. 2 illustrate the combined planetary gearsets are coaxial with one another) with one another in relation to the drive shaft (connected to and rotating by output shaft 28) of the compressor unit.
Claim 4
Motl discloses wherein, in the first operating mode, there is a speed increase (see FIG. 2, illustrating the input shaft larger than the output sun, or see FIGS. 3 and 4) between the input and output shafts (64, 28) of the gear unit.
Claim 5
As best understood, Motl discloses wherein the first and the second planetary gears are arranged coaxially (see FIG. 2 illustrate the combined planetary gearsets are coaxial with one another) with one another in relation to the drive shaft (connected to and rotating by output shaft 28) of the compressor unit.
Claim 6
Motl discloses wherein, in the first operating mode, there is a speed increase (see FIG. 2, illustrating the input shaft larger than the output sun, or see FIGS. 3 and 4) between the input and output shafts (64, 28) of the gear unit.
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) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Motl in view of Hill (US 2,748,623).
Claim 3
If claim 3 is interpreted as requiring that the planetary gearsets and drive shaft of the compressor unit are all coaxial with one another, Motl discloses wherein the first and the second planetary gears and the output shaft of the transmission which leads to the are arranged coaxially (see FIG. 2 illustrate the combined planetary gearsets are coaxial with one another and with shaft 28) Motl does not necessarily disclose that the drive shaft to the compressor unit is also coaxial. However, Hill discloses a compressor unit powered by a planetary gearset, where the planetary gearset (e.g., 2, 3) and the output shaft (11) are coaxial with the drive shaft (12) for the compressor turbine of the compressor unit (see FIG. 1). 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 Motl so that the drive shaft for the compressor were also coaxial in order to provide a compact arrangement.
Claim 5
If claim 5 is interpreted as requiring that the planetary gearsets and drive shaft of the compressor unit are all coaxial with one another, Motl discloses wherein the first and the second planetary gears and the output shaft of the transmission which leads to the are arranged coaxially (see FIG. 2 illustrate the combined planetary gearsets are coaxial with one another and with shaft 28) Motl does not necessarily disclose that the drive shaft to the compressor unit is also coaxial. However, Hill discloses a compressor unit powered by a planetary gearset, where the planetary gearset (e.g., 2, 3) and the output shaft (11) are coaxial with the drive shaft (12) for the compressor turbine of the compressor unit (see FIG. 1). 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 Motl so that the drive shaft for the compressor were also coaxial in order to provide a compact arrangement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,862,770 is for an accessory that includes an input sun, output sun, and a common carrier that is braked, or the entire gearset can be locked up via a one-way clutch to a 1:1 ratio. US 4,774,857 discloses the same transmission for an axle assembly. US 6,790,152 discloses the same transmission for a front rear wheel drive assembly
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.
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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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/STACEY A FLUHART/Primary Examiner, Art Unit 3655
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