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.
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 12 is 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 12 recites “wherein the annular is…” which is unclear and renders the claims indefinite. Specifically, there is no antecedent basis for “the annular” in the claims. The claims previously recite “an annular portion” and “an inner annular portion” and it is unclear if the recitation of “the annular” is attempting to refer back to one of these.
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.
Claim(s) 1, 3 and 8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Huber et al. (USPN 4,021,171).
Huber discloses a gear ring assembly (Fig. 4), comprising: a gear ring (14) comprising: an inner toothing (16) arranged for engaging with a mating toothing on a second gear; and an outer toothing (18); and a stamped plate (10) comprising a cylindrical portion (see Fig. 4, between 18 and 34) pressed on to the outer toothing such that the outer toothing forms a complementary toothing (18) on an inner surface of the cylindrical portion to rotationally connect the gear ring and the stamped plate for torque transmission without lash; wherein the outer toothing is a straight toothing (see Fig. 2); wherein the stamped plate further comprises: a radial body portion (see Fig. 4, portion between 18 and 32 that at least partially extends radially); and an inner cylindrical portion (see Fig. 4, where 32 is indicated), wherein the cylindrical portion and the inner cylindrical portion extend from the radial portion in opposite axial directions (see Fig. 4).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huber et al. (USPN 4,021,171) in view of Tao et al. (US 2010/0292043 A1).
Huber discloses the claimed invention, except for wherein the inner toothing is a helical toothing.
Tao discloses an internally toothed gear (20) with helical toothing (64).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to have modified the internal toothing of Huber to be helical, in order to reduce the noise of the gears during operation.
Allowable Subject Matter
Claims 4-7, 9-11 and 13-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618
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