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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 5, and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Jolly et al. (US 20030079948 A1) in view of Hsu et al. (US 20040217324 A1).
Regarding claim 1, Jolly discloses a magneto rheological fluid device (201, see Fig. 4) comprising:
a magneto rheological fluid (217) including magnetic particles and a dispersion medium; and
a first member (219) and a second member (202, see Annotated Fig. 4 below) that rotate relative to each other with a layer of the magneto rheological fluid (217) having a predetermined thickness interposed therebetween; and
a magnetic field generator (221),
PNG
media_image1.png
630
620
media_image1.png
Greyscale
the magnetic field generator (221) forming a magnetic path so as to cross the layer of the magneto rheological fluid (217) interposed between the first member (219) and the second member (202, see Annotated Fig. 4 below), in a thickness direction.
Jolly does not disclose that the magneto rheological fluid contains fluorine oil as the dispersion medium.
Hsu teaches the magneto rheological fluid containing fluorine oil as the dispersion medium by disclosing MR fluids, wherein the dispersion medium comprises perfluorinated polyether (PFPE) (see ¶ 0010).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the dispersion medium taught by Hsu with the magneto rheological fluid device disclosed in Jolly to maintain pressure and/or seal deterioration, and decomposition of the MR fluid (see ¶ 0008).
Regarding claim 2, Hsu teaches the dispersion medium is perfluoropolyether (PFPE) (see ¶ 0028).
Regarding claim 5, Jolly discloses the magneto rheological fluid device (201) of claim 1, wherein the magnetic particles are carbonyl iron particles (see ¶ 0045).
Regarding claim 8, Jolly discloses the magneto rheological fluid device (201) of claim 4, wherein the first member is a rotor (219), the second member is a case (202, see Annotated Fig. 4 above) for housing the rotor (219), and the cavity is filled by the magneto rheological fluid (217) [see Annotated Fig. 4 above].
Regarding claim 9, Jolly discloses the magneto rheological fluid device (201) of claim 8, wherein the case (202, see Annotated Fig. 4 above) made from a magnetic material (see ¶ 0003).
Regarding claim 10, Jolly discloses the magneto rheological fluid device (201) of claim 8, wherein the magnetic field generator is arranged outside of the cavity.
Regarding claim 11, Jolly discloses the magneto rheological fluid device (201) of claim 8, wherein the layer of the magneto rheological fluid (217) has a first layer formed between a first surface (219a) of the rotor (219) and the case (202, see Annotated Fig. 4 above) and a second layer formed between a second surface (219b) of the rotor (219) and the case (202, see Annotated Fig. 4 above), and the magnetic field generator (221) forms the magnetic path so as to cross the first layer and the second layer, in a thickness direction [see Annotated Fig. 4 above].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jolly et al. (US 20030079948 A1) in view of Hsu et al. (US 20040217324 A1), as applied to claim 1 above, and further in view of Iyengar et al. (US 20010045540 A1).
Regarding claim 6, Jolly, as modified, does not disclose a magneto rheological fluid device, wherein the carbonyl iron particles are non-surface treated particles.
Iyengar teaches the carbonyl iron particles are non-surface treated particles (see ¶ 0026).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the non-surfaced treated carbonyl iron particles by Iyengar with the magneto rheological fluid device disclosed in Jolly in order to address the desired yield stress properties for the device while exhibiting in the fluid long-term durability, sufficiently low viscosity and minimal particle settling (see ¶ 0018).
Allowable Subject Matter
Claims 3-4 and 7 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Karem Akram Algarash whose telephone number is (571)272-5789. The examiner can normally be reached Monday - Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.A.A./Patent Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616