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 § 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.
Claims 1-5 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites a drive shaft, intermediate shaft and output shaft as having tooth arrangements. This is unclearly contrary to the figures which show –gear wheels-- having the tooth arrangements. While the gear wheels do have shaft portions attached thereto, the tooth arrangements are on the outer diameters of the gear wheels rather than on the shaft portions. See MPEP 2173.03 which states that a claim may be "indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty."
Claim 1 recites “a hollow space substantially separated from the gear space and connected to the gear space” which is unclear since the commonly accepted meanings of “separated” and “connected” are contrary to one another.
Claim 1 recites “an opening, which is orientated counter to a rotation direction of the drive and output tooth arrangements”. It is unclear how an opening orientation defines any particular direction since any number of different directions can traverse any opening. If applicant means to set forth a direction of motion it would be unclear as to how a stationary opening can have a direction [of motion] counter to a rotation direction of the tooth arrangements.
Claim 2 is unclear as to whether “a first discharge channel” is to refer to the same element as the channel previously recited in claim 1 or to an additional element. See MPEP 2173.05(o) which states "where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. Ix parte Kristensen, 10 USPQ2d 1701 (Bd. Pat. App. & Inter. 1989)".
Claim 3 is unclear as to whether “a second discharge channel” is to refer to the same element as the channel previously recited in claim 1 or to an additional element. Further, there is no previous [first discharge channel] noting that claim 3 does not depend from claim 2.
The remaining claims depend from the above and are thus similarly unclear/rejected.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Gu et al. CN215171920.
Claim 1 (as best understood, see 35 USC 112 rejections). Gu discloses a gear transmission device, comprising: a gear housing (8) surrounding a gear space (space in 8), a drive shaft (1) arranged in the gear space and having a drive tooth arrangement (tooth arrangement of 1), an intermediate shaft (2) arranged in the gear space and having a first and a second intermediate tooth arrangements (tooth arrangements of any two of 2), and an output shaft (5) arranged in the gear space and having an output tooth arrangement (4), wherein the drive tooth arrangement is in engagement with the first intermediate tooth arrangement, and the second intermediate tooth arrangement is in engagement with the output tooth arrangement (in that each of 2 are engaged with both of 1 and 5), wherein the drive shaft is supported in a shaft bearing (6), and the shaft bearing is arranged in the output shaft, wherein in a portion (portion of 8), which is arranged above the output shaft, of the gear housing there is formed a hollow space (space above 7) substantially separated from the gear space and connected to the gear space via an opening (opening), which is orientated counter to a rotation direction of the drive and output tooth arrangements, wherein a collection hopper (7) is arranged below the hollow space, the hollow space includes at least one discharge channel (channel of space entering into 7) which leads into the gear space to the collection hopper, and the collection hopper has a drain (drain in 7 leading to 9 and 6), which leads into a region of the shaft bearing (region of 6).
Claim 2 (as best understood, see 35 USC 112 rejections). The gear transmission device of claim 1, wherein the hollow space includes a first discharge channel (channel of space entering into a first one of 7), which leads into the gear space to the collection hopper, and wherein an outlet of the first discharge channel (outlet of channel of space entering into a first one of 7) is orientated toward a hopper opening (opening in 7 which fluid enters), which is open toward the gear space and faces the hollow space, of the collection hopper.
Claim 3 (as best understood, see 35 USC 112 rejections). The gear transmission device of claim 1, wherein the hollow space includes a second discharge channel (channel of space entering into a second one of 7), which leads into the gear space to the collection hopper, and the second discharge channel, via a side wall (sidewall of 7), of the collection hopper, opens therein.
Claim 4. The gear transmission device of claim 1, wherein the shaft bearing is a needle bearing (See the English Translation attached to this Office Action, which describes 6 as a “needle bearing”).
Claim 5. The gear transmission device of claim 1, wherein the drive tooth arrangement with the first intermediate tooth arrangement or the second intermediate tooth arrangement with the output tooth arrangement represents a transmission stage (2/1 or 2/4) with a transmission ratio less than 1 (the stages of 2/1 and 2/4 are each necessarily less than one noting that figure 1 shows 2 to be smaller than each of 1 and 4 such that 2 necessarily must have less teeth than each of 1 and 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR L MACARTHUR whose telephone number is (571)272-7085.
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/VICTOR L MACARTHUR/Primary Examiner, Art Unit 3618
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