11061309 (B.P.A.I. Aug. 8, 2012)

Ex Parte Schnitzer

Board of Patent Appeals and InterferencesAug 8, 2012

11061309 (B.P.A.I. Aug. 8, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 11/061,309 02/18/2005 Detles Schnitzer MB 454 2721 27956 7590 08/09/2012 KLAUS J. BACH 4407 TWIN OAKS DRIVE MURRYSVILLE, PA 15668 EXAMINER JOHNSON, PHILLIP A ART UNIT PAPER NUMBER 3656 MAIL DATE DELIVERY MODE 08/09/2012 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte DETLES SCHNITZER ____________ Appeal 2010-005668 Application 11/061,309 Technology Center 3600 ____________ Before STEVEN D.A. McCARTHY, JAMES P. CALVE, and RICHARD E. RICE, Administrative Patent Judges. CALVE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant appeals under 35 U.S.C. § 134 from the rejection of claims 1, 4, 5, 8, and 9. Claims 2, 3, 7, and 8 have been canceled. App. Br. 1.1 We have jurisdiction under 35 U.S.C. § 6. We AFFIRM. 1 Refers to Supplemental Appeal Brief filed on Nov. 9, 2009. All other references to “App. Br.” are to the Appeal Brief filed on Oct. 6, 2009. Appeal 2010-005668 Application 11/061,309 2 CLAIMED SUBJECT MATTER Claim 1 represents the claimed subject matter on appeal: 1. A gearing element with at least first and second coaxial gear structures (10, 11) with the same number of teeth but different constant diameters, the two constant but different diameter gear structures (10, 11) including a continuous smooth gear transition area disposed between, and joining, said transmission gear structures of different constant diameters. REJECTION Claims 1, 4, 5, 8, and 9 are rejected under 35 U.S.C. § 102(b) as being anticipated by Pierpont (US 2,288,206; iss. Jun. 30, 1942). ANALYSIS Appellants argue claims 1, 4, 5, 8, and 9 as a group. App. Br. 2-4. We select claim 1 as representative. See 37 C.F.R. 41.37(c)(1)(vii) (2011). Claims 4, 5, 8, and 9 stand or fall with claim 1. The Examiner found that Pierpont discloses a gearing element with a first coaxial gear structure 31A, a second coaxial gear structure 31B, and a transition portion 31C that is a continuous, smooth, unbroken, flat gear transition area that joins the two gear structures 31A, 31B. Ans. 3-5. The Examiner’s findings regarding the first and second coaxial gear structures 31A, 31B and the continuous smooth gear transition area 31C are best understood from the annotated illustration provided at page 4 of the Examiner’s Answer and reproduced below: App App trans upon does does discl that area by th beca eal 2010-0 lication 11 Figure 1 Appellan ition betw by the Ex not clearl not persua oses a gea is disposed Appellan marked w e claimed use claim 05668 /061,309 is a longi t argues th een the tw aminer in y show the de us of e ring eleme between t also argu ith corners subject m 1 calls for tudinal, se at Pierpon o gear sec Figure 1 s shape of rror in the nt with a s two gear s es that Fi and edge atter. App a transitio 3 ctional vie t does no tions 31A, hows a sm the transiti Examiner mooth, co tructures 3 gure 3 of P s, which is . Br. 4. T n area “dis w of a gea t disclose a 31B beca all differe on. App. ’s finding ntinuous t 1A, 31B. ierpont sh exactly w his argume posed bet r transmis continuo use the fea nce in diam Br. 3. Thi that Pierpo ransition a ows a gea hat is to b nt is not p ween, and sion us smooth ture relied eter but s argumen nt rea 31C r transition e avoided ersuasive joining, t App App said porti This discl betw F wher exten struc 10, 1 cont and eal 2010-0 lication 11 transmissi on of the g interpreta oses the tr een gear s Figure 1 igure 1 di The tran e the first ds as a co tures 10, 1 1 end. W inuous tran second gea As such, 05668 /061,309 on gear str earing ele tion is con ansition ar tructure 10 of Appell scloses a t sition area and secon ntinuous p 1) and do e agree wi sition are r structure we sustai uctures.” ment that sistent wit ea 12 as a and gear ant’s discl ransition a 12 is defi d gear stru ortion bet es not incl th the Exa a 31C that s 31A, 31 n the rejec 4 We interp extends be h Appellan smooth, c structure 1 osure is re rea 12 bet ned by lea ctures 10, ween the l ude the po miner that extends be B end. tion of cla ret the tran tween the t’s Specif ontinuous 1 as show produced b ween gear d lines ext 11 end. T ead lines ( ints where Pierpont d tween po ims 1, 4, 5 sition are two gear ication, w portion ex n in Figur elow: structures ending fro he transiti i.e., betwe the gear s iscloses a ints where , 8, and 9. a to be the structures. hich tending e 1. 10, 11. m points on area 12 en the gea tructures smooth, the first r Appeal 2010-005668 Application 11/061,309 5 DECISION We AFFIRM the rejection of claims 1, 4, 5, 8, and 9 under 35 U.S.C. § 102(b) as being anticipated by Pierpont. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED JRG