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 .
Priority
Applicant’s claim for the benefit of a prior-filed U.S. Provisional Application No. 62/773,578 (filed on 11/30/2018) under 35 U.S.C. 119(e) is acknowledged.
This application discloses and claims only subject matter disclosed in prior application No. 16/699,519 (filed on 11/29/2019) & in prior application No. 17/323,999 (filed on 05/18/2021), and names the inventor or at least one joint inventor named in the prior application. Therefore, this application constitutes a continuation.
Terminal Disclaimer
The terminal disclaimer filed on 09/09/2024 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent 11,009,100 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
Claims 1, 4-7, 9-11, 14-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Marsh et al. (U.S. Patent 4,541,823 A hereinafter referred to as “Marsh”) in view of Longo (U.S. Patent 5,092,823 A).
In regards to claim 1, Marsh teach (Figures 1-13) an assembled helical belt (belt 20) comprising: a flexible belt (continuous narrow toothed strip 23 that is produced by helically cutting the preliminary belt sleeve 27), a plurality of compressive devices (couplings 69), a first side surface (left-side surface of the belt 20), and a second side surface (right-side surface of the belt 20); the flexible belt (continuous narrow toothed strip 23) having a belt length (longitudinal length of the continuous narrow toothed strip 23), a belt width (lateral width of the continuous narrow toothed strip 23 prior to it being arranged in the side-by-side fashion to form the belt 20) that is substantially the same along the entire belt length (overall length of the continuous narrow toothed strip 23), a plurality of belt teeth (belt teeth 21), a plurality of through holes (preformed holes in the belt teeth 21, which are configured to receive the couplings 69) formed in the flexible belt (continuous narrow toothed strip 23) so as to pierce the flexible belt (continuous narrow toothed strip 23) on an axis generally parallel with the belt width (lateral width of the continuous narrow toothed strip 23), and a reinforcing strand (longitudinally extending tensile members 25 of the continuous narrow toothed strip 23, which are the strands 31 of the preliminary belt sleeve 27 that forms said continuous narrow toothed strip 23); the belt length (longitudinal length of the continuous narrow toothed strip 23) being sufficient such that the flexible belt (continuous narrow toothed strip 23) is wrapped helically and overlaps itself by at least one rotation (as illustrated in figures 8-9), thereby transversely aligning each through hole (preformed holes in the belt teeth 21) with at least one other through hole (preformed holes in the belt teeth 21); each of the plurality of compressive devices (couplings 69) being configured to engage with one of the plurality of through holes (preformed holes in the belt teeth 21), and further engaged with the at least one transversely aligned through hole (preformed holes in the belt teeth 21); wherein, each respective compressive device (couplings 69) applies a compressive force (via the external ribs 70 of the coupling 69, which are formed as gripping heads that holds/join the segments of the continuous narrow toothed strip 23 in a side-by-side arrangement; see also Col. 8, line 14-28) on the flexible belt (continuous narrow toothed strip 23) along an axis parallel to the belt width (lateral width of the continuous narrow toothed strip 23), so as to mechanically secure the assembled helical belt (belt 20) (see also Col. 4, line 7 - Col. 7, line 8 and Col. 7, line 25-44). Yet, Marsh fails to teach, each respective compressive device (couplings 69) being configured to apply a compressive force on the first side surface (left-side surface of the belt 20) and the second side surface (right-side surface of the belt 20) of the assembled helical belt (belt 20).
However, Longo teach (Figures 1-4) an assembled helical belt (belt 10) comprising: a flexible belt (flexible body portion 16), a plurality of compressive devices (pins 44/46/50), a first side surface (lateral edge 18), and a second side surface (lateral edge 20); the flexible belt (flexible body portion 16) having a plurality of belt teeth (teeth 12), a plurality of through holes (apertures 42c/42d/36c/36d/48) that pierces the flexible belt (flexible body portion 16) along an axis generally parallel with a belt width (lateral width of the belt 10), and a reinforcing strand (reinforcing cords 14); each of the plurality of compressive devices (pins 44/46/50) being configured to engage with one of the plurality of through holes (apertures 42c/42d/36c/36d/48), and further engaged with the at least one transversely aligned through hole (apertures 42c/42d/36c/36d/48); wherein, each respective compressive device (pins 44/46/50) applies a compressive force (via the head 44a and the cap 44b of the pin 44, the head 46a and the cap 46b of the pin 46, and the head 50a and the cap 50b of the pin 50) on the first side surface (lateral edge 18) and the second side surface (lateral edge 20) of the assembled helical belt (belt 10) along an axis parallel to the belt width (lateral width of the belt 10), so as to mechanically secure the assembled helical belt (belt 10).
Accordingly, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to replace the dowel/barbed-type compressive devices in Marsh’s assembled helical belt, with the compressive devices suggested by Longo. Since each of the compressive devices used in Longo’s assembled helical belt includes a head and a cap that are better able to engage and press against the first and second side surfaces of the assembled helical belt, said compressive devices can apply enhanced compresence forces on said first and second side surfaces; which will securely hold together the transversely overlapping segments of the flexible belt that forms the assembled helical belt, while effectively preventing/limiting said transversely overlapping segments from separation under unfavorable operational stress conditions (i.e. when the helical belt assembly observe heighten tensile stress forces, excessive traveling speeds, or intensified flexibility); thereby improving the overall structural/construction integrity, the versatility, and the lifespan of the assembled helical belt taught by Marsh.
In regards to claim 11, Marsh teach (Figures 1-13) a kit for a helical belt assembly (belt 20) comprising: a flexible helical belt (continuous narrow toothed strip 23 that is produced by helically cutting the preliminary belt sleeve 27), a plurality of compressive devices (couplings 69), a first side surface (left-side surface of the belt 20), and a second side surface (right-side surface of the belt 20); the flexible helical belt (continuous narrow toothed strip 23) having a belt length (longitudinal length of the continuous narrow toothed strip 23), a belt width (lateral width of the continuous narrow toothed strip 23 prior to it being arranged in the side-by-side fashion to form the belt 20) that is substantially the same along the entire belt length (overall length of the continuous narrow toothed strip 23), a plurality of belt teeth (belt teeth 21), a plurality of through holes (preformed holes in the belt teeth 21, which are configured to receive the couplings 69) formed in the flexible helical belt (continuous narrow toothed strip 23) so as to pierce the flexible helical belt (continuous narrow toothed strip 23) on an axis generally parallel with the belt width (lateral width of the continuous narrow toothed strip 23), and a reinforcing strand (longitudinally extending tensile members 25 of the continuous narrow toothed strip 23, which are the strands 31 of the preliminary belt sleeve 27 that forms said continuous narrow toothed strip 23); the belt length (longitudinal length of the continuous narrow toothed strip 23) being sufficient such that the flexible helical belt (continuous narrow toothed strip 23) may be wrapped helically and overlaps itself by at least one rotation (as illustrated in figures 8-9), thereby transversely aligning each through hole (preformed holes in the belt teeth 21) with at least one other through hole (preformed holes in the belt teeth 21); each of the plurality of compressive devices (couplings 69) being configured to engage with one of the plurality of through holes (preformed holes in the belt teeth 21), and further engaged with the at least one transversely aligned through hole (preformed holes in the belt teeth 21); wherein, each respective compressive device (couplings 69) applies a compressive force (via the external ribs 70 of the coupling 69, which are formed as gripping heads that holds/join the segments of the continuous narrow toothed strip 23 in a side-by-side arrangement; see also Col. 8, line 14-28) on the flexible helical belt (continuous narrow toothed strip 23) along an axis parallel to the belt width (lateral width of the continuous narrow toothed strip 23), so as to mechanically secure the assembled flexible helical belt (belt 20) (see also Col. 4, line 7 - Col. 7, line 8 and Col. 7, line 25-44). Yet, Marsh fails to teach, each respective compressive device (couplings 69) being configured to apply a compressive force on the first side surface (left-side surface of the belt 20) and the second side surface (right-side surface of the belt 20) of the helical belt assembly (belt 20).
Nevertheless, Longo teach (Figures 1-4) a kit for a helical belt assembly (belt 10) comprising: a flexible helical belt (flexible body portion 16), a plurality of compressive devices (pins 44/46/50), a first side surface (lateral edge 18), and a second side surface (lateral edge 20); the flexible helical belt (flexible body portion 16) having a plurality of belt teeth (teeth 12), a plurality of through holes (apertures 42c/42d/36c/36d/48) that pierces the flexible helical belt (flexible body portion 16) along an axis generally parallel with a belt width (lateral width of the belt 10), and a reinforcing strand (reinforcing cords 14); each of the plurality of compressive devices (pins 44/46/50) being configured to engage with one of the plurality of through holes (apertures 42c/42d/36c/36d/48), and further engaged with the at least one transversely aligned through hole (apertures 42c/42d/36c/36d/48); wherein, each respective compressive device (pins 44/46/50) applies a compressive force (via the head 44a and the cap 44b of the pin 44, the head 46a and the cap 46b of the pin 46, and the head 50a and the cap 50b of the pin 50) on the first side surface (lateral edge 18) and the second side surface (lateral edge 20) of the flexible belt assembly (belt 10) along an axis parallel to the belt width (lateral width of the belt 10), so as to mechanically secure the flexible belt assembly (belt 10).
Consequently, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to replace the dowel/barbed-type compressive devices in Marsh’s helical belt assembly, with the compressive devices suggested by Longo. Since each of the compressive devices used in Longo’s helical belt assembly includes a head and a cap that are better able to engage and press against the first and second side surfaces of the assembled helical belt, said compressive devices can apply enhanced compresence forces on said first and second side surfaces; which will securely hold together the transversely overlapping segments of the flexible helical belt that forms the helical belt assembly, while effectively preventing/limiting said transversely overlapping segments from separation under unfavorable operational stress conditions (i.e. when the helical belt assembly observe heighten tensile stress forces, excessive traveling speeds, or intensified flexibility); thereby improving the overall structural/construction integrity, the versatility, and the lifespan of the helical belt assembly taught by Marsh.
In regards to claims 4-6 and 14-16, Marsh in view of Longo teach all intervening claim limitations as shown above. Marsh further teach (Figures 1-13), each of the plurality of through holes (preformed holes in the belt teeth 21, which are configured to receive the couplings 69) being positioned in a manner that does not result in said through holes (preformed holes in the belt teeth 21) cutting the reinforcing strand (longitudinally extending tensile members 25 of the continuous narrow toothed strip 23/strands 31 of the preliminary belt sleeve 27); the reinforcing strand (longitudinally extending tensile members 25/strands 31) being embedded in the material (elastomeric material 24/rubber layer 33) of the flexible belt (continuous narrow toothed strip 23); and the reinforcing strand (longitudinally extending tensile members 25/strands 31) including a plurality of reinforcing strands (figure 1 clearly illustrate, the continuous narrow toothed strip 23 having at least three longitudinally extending tensile members 25).
In regards to claims 7 and 17, Marsh in view of Longo teach all intervening claim limitations as shown above. Marsh further teach (Figures 1-13), the reinforcing strand (strands 31 of the preliminary belt sleeve 27, which becomes the longitudinally extending tensile members 25 of the continuous narrow toothed strip 23 after the formation of said continuous narrow toothed strip 23) being an embedded strand that can be made of various material (Col. 4, line 46 - Col. 5, line 33 disclose, the strands 31 of the preliminary belt sleeve 27 being made of a flexible/substantially non-stretchable material, such as polyester, cotton, rayon, nylon, aramid, wire or the like; where the strands 31/longitudinally extending tensile members 25 are emended within the rubber layer 33/elastomeric material 24). Yet, Marsh does not explicitly disclose, the reinforcing strand (strands 31 of the preliminary belt sleeve 27, which becomes the longitudinally extending tensile members 25 of the continuous narrow toothed strip 23) being made specifically of Poly (azanediyl-1,4-phenyleneazanediylterephthaloyl) fiber.
On the contrary, Longo teach (Figures 1-4) an assembled helical belt/helical belt assembly (belt 10) comprising a flexible belt/flexible helical belt (flexible body portion 16) having at least one embedded reinforcing strand (reinforcing cords 14) made of Poly fiber (Col. 3, line 29-37 disclose, the reinforcing cords 14 that can be constructed of KEVLAR; examiner also notes that the widely known and commonly accepted IUPAC/chemical nomenclature for KEVLAR is “azanediyl-1,4-phenyleneazanediylterephthaloyl”).
Hence, using the additional suggestions in Longo, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to replace the at least one embedded reinforcing strand in Marsh’s flexible belt/flexible helical belt, with an at least one embedded reinforcing strand produced/constructed from Poly/KEVLAR fiber. KEVLAR fiber (azanediyl-1,4-phenyleneazanediylterephthaloyl) is a well-known material that is widely employed in the art due to its beneficial inherent structural/performance properties, such as high tensile/physical strength, high compressive strength, light weight, suitable flexibility, desirable heat resistance characteristic, extensive lifespan. Thus, the overall tensile strength of Marsh’s flexible belt/flexible helical belt can be optimized without negatively affecting its flexibility, by providing said flexible belt/flexible helical belt with at least one reinforcing strand made of KEVLAR fiber.
In regards to claims 9-10 and 19-20, Marsh in view of Longo teach all intervening claim limitations as shown above. Marsh further teach (Figures 1-13), the reinforcing strand (strands 31 of the preliminary belt sleeve 27, which becomes the longitudinally extending tensile members 25 of the continuous narrow toothed strip 23 after the formation of said continuous narrow toothed strip 23) being an embedded strand made of nylon fiber or metal wire (Col. 4, line 46 - Col. 5, line 33 disclose, the strands 31 of the preliminary belt sleeve 27 being made of a flexible/substantially non-stretchable material, such as polyester, cotton, rayon, nylon, aramid, or wire; where the strands 31/longitudinally extending tensile members 25 are emended within the rubber layer 33/elastomeric material 24).
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Marsh in view of Longo as applied to the corresponding claims 1 and 11 above, and further in view of Goettsch et al. (U.S. PGPUB 2008/0132370 A1 hereinafter referred to as “Goettsch”).
In regards to claims 8 and 18, Marsh in view of Longo teach all intervening claim limitations as shown above. Marsh further teach (Figures 1-13), the reinforcing strand (strands 31 of the preliminary belt sleeve 27, which becomes the longitudinally extending tensile members 25 of the continuous narrow toothed strip 23 after the formation of said continuous narrow toothed strip 23) being an embedded strand (Col. 4, line 46 - Col. 5, line 33 disclose, the strands 31/longitudinally extending tensile members 25 of the preliminary belt sleeve 27 being made of a flexible/substantially non-stretchable material, and being emended within the rubber layer 33/elastomeric material 24). Yet, Marsh fails to teach, the reinforcing strand/embedded strand (longitudinally extending tensile members 25 of the continuous narrow toothed strip 23/strands 31 of the preliminary belt sleeve 27) being made of carbon fiber.
Whereas, Goettsch teach (Figure 1), a flexible belt/flexible helical belt (endless power transmission belt 10) comprising an at least one embedded reinforcing strand (load-carrying filaments/cords 24 of the load-carrying section 14, which is embedded in a compound 26, the tension section/backing 12, and the compression section 16) made of carbon fiber (paragraph 0019 disclose, the load-carrying filaments/cords 24 can be made of any suitable material, such aramid, fiberglass, nylon, polyester, cotton, steel, carbon fiber, or polybenzoxazole) (see also paragraphs 0016-0023).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the flexible belt/flexible helical belt taught by Marsh in view of Longo, with an at least one embedded reinforcing strand produced/constructed from carbon fiber, using the suggestions of Goettsch. Carbon fiber is a well-known material that is widely employed in the art due to its advantageous inherent structural/performance properties, such as high tensile/physical strength, high compressive strength, light weight, suitable flexibility, desirable heat resistance characteristic, extensive lifespan. Thus, the overall tensile strength of the flexible belt/flexible helical belt can be optimized without negatively affecting its flexibility, by providing said flexible belt/flexible helical belt with at least one reinforcing strand made of carbon fiber.
Response to Arguments
With respect to applicant’s arguments in pages 7 of the remarks filed on 08/29/2025, regarding previously set forth objections to the claims, all have been fully considered and they are persuasive. Thus, said claim objections has been withdrawn.
With respect to applicant’s arguments in pages 7-14 of the remarks filed on 08/29/2025, regarding previously set forth 35 U.S.C. 103 rejections of claims 1 and 11 in light of Marsh and Longo, all have been fully considered but they are not persuasive for the following reasons:
It’s the applicant’s position that the combined teachings Marsh and Longo does not teach or render obvious, an assembled helical belt/helical belt assembly comprising a plurality of compressive devices that are configured to engage a first side surface and a second side surface of the assembled helical belt, so as to apply a compressive force (along an axis parallel to the belt width), on said first side surface and said second side surface, when said compressive devices are inserted through each corresponding through hole in the flexible belt that forms said assembled helical belt/helical belt assembly. In fact, the applicant main concern appears to be is that the compressive devices disclosed in Longo reference are not capable of applying a sufficient compressive force on the first and second side surface of the assembled helical belt, even if said compressive devices are used to connect/hold the transversely aligned segments of Marsh’s flexible belt in a laterally overlapping arrangement.
In response, examiner first emphasize that neither the claims nor the specification reveals how much compressive force is being applied on the first and second side surfaces of the assembled helical belt/helical belt assembly, by the compressive devices in the applicant’s claimed invention. Therefore, a compressive device that is capable of exerting even a smallest amount of compressive force on the first and second side surfaces of an assembled helical belt/helical belt (i.e. by contacting/slightly pushing against said first and second side surface) can reasonably meet the structure and the functionality of the compressive devices in the claimed invention. It should also be noted that each of the compressive devices (pins 44/46/50) used in Longo’s assembled helical belt/helical belt assembly (belt 10), includes a head (heads 44a/46a/50a) and a nut/cap (caps 44b/56b/50b) that are positioned on both sides of said assembled helical belt/helical belt assembly (belt 10); where said heads (heads 44a/46a/50a) and said nut/cap (caps 44b/56b/50b) respectively contacts and at least slightly press against the first side surface (lateral edge 18) and the second side surface (lateral edge 20) of the assembled helical belt/helical belt assembly (belt 10). Hence, the compressive devices proposed by Longo would inherently exert at least some amount of compressive force on the first side surface and the second side surface of the assembled helical belt/helical belt assembly.
Secondly, it should be recognized that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art (See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981)). Furthermore, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art (See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007)). In this case, one of ordinary skill in the art would have the necessary skills and the motivation required to replace the dowel-type coupling means employed by March to connect/hold the transversely aligned segments of a flexible belt in a laterally overlapping arrangement, with the compressive devices employed by Longo (each of which are designed to engage both side surfaces of the assembled helical belt/helical belt assembly). Such a modification would result in each of the transversely aligned segments of the flexible belt being much more securely connected to one another; thereby enhancing the overall structural integrity and the construction strength of the assembled helical belt/helical belt assembly; which would be advantageous in enabling said assembled helical belt/helical belt assembly to withstand higher stress forces (e.g. tensile, compressive, bending), while also increase its overall lifespan. Moreover, as evident through other cited prior art references, coupling means (e.g. bolts, screws, and/or conventional fasteners having head and nuts) that similar to the compressive devices (pins 44/46/50) revealed by Long, are widely used for construction and assembly of different types of belts. Also, one of ordinary skill in the art wound have known to uses the teaching in Longo’s disclosure to select coupling means/compressive devices that has the adequate strength and the ability to firmly connect/hold (via applying an appropriate amount of comprehensive force on the lateral side surfaces of the assembled helical belt/helical belt) the transversely aligned segments of a flexible belt of an assembled helical belt/helical belt assembly in a laterally overlapping arrangement. In other words, instead of directly using the exact coupling means/compressive devices taught by Longo, one of ordinary skill in the art would have thought improve upon the teaching in Longo and provide the modified assembled helical belt/helical belt assembly with coupling means/compressive devices that can satisfy the required and/or preferred structural and functional permitters of the modified assembled helical belt/helical belt assembly.
In addition, examiner further notes that there is no structural nor functional difference between the compressive devices described within the claims 1 and 11, and the compressive devices suggestion by Longo. Similar to applicant’s claimed invention, the compressive devices are implemented in Lonog for securely connecting/holding the transversely aligned segments of a flexible belt in a laterally overlapping arrangement. In fact, based on examiner’s understanding of the currently presented claim limitations, applying a comprehensive force on the first and second side surface of the assembled helical belt/helical belt assembly, simply looks to be an inherent characteristic of each compressive device that would naturally occur when it engages both said first and second surfaces; if the applicant is merely attempting to argue the intend use of the compressive devices, examiner stress that a recitation of the intended use of the claimed invention/feature/component must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. That is, if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, there is no structural variation between the compressive devices described within the claims and the compressive devices taught by Longo (or the compressive devices in the modified assembled helical belt/helical belt assembly render obvious by Marsh in view of Longo). For all these reasons, examiner still assert that Marsh in view of Longo can conceive an assembled helical belt according to claim 1, and a helical belt assembly kit according to claim 11.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEEN J DIAS whose telephone number is (571) 272-2195. The examiner can normally be reached on Monday-Thursday 8:30AM - 4:30PM, Alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANNA M MOMPER can be reached on (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.J.D./Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3654