DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 3 is objected to because of the following informalities: "…the input-haft main part.." should be corrected to “"…the input-shaft main part…”.
Claim 9 is objected to because of the following informalities: "an encode component" should be corrected to “an encoder component…” . Appropriate corrections are required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3,6-8 and 10-15 of copending Application No. 18/876,410 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3,6-8 and 10-15 of copending application 18/876,410 fully teach the limitations of claims 1-9 in the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, each and every feature of claim 1 of the instant application is recited in claims 1,6-8, 12 and 14 of Application 18/876,410. Therefore, claim 1 of the instant application is anticipated by, and obviously encompassed by claims 1,6-8, 12 and 14 of Application 18/876,410.
Regarding claim 2, each and every feature of claim 2 of the instant application is recited in claim 2 of Application 18/876,410. Therefore, claim 2 of the instant application is anticipated by, and obviously encompassed by claim 2 of Application 18/876,410.
Regarding claim 3, each and every feature of claim 3 of the instant application is recited in claim 3 of Application 18/876,410. Therefore, claim 3 of the instant application is anticipated by, and obviously encompassed by claim 3 of Application 18/876,410.
Regarding claim 4, each and every feature of claim 4 of the instant application is recited in claim 10 of Application 18/876,410. Therefore, claim 4 of the instant application is anticipated by, and obviously encompassed by claim 10 of Application 18/876,410.
Regarding claim 5, each and every feature of claim 5 of the instant application is recited in claim 11 of Application 18/876,410. Therefore, claim 5 of the instant application is anticipated by, and obviously encompassed by claim 11 of Application 18/876,410.
Regarding claim 6, each and every feature of claim 6 of the instant application is recited in claim 13 of Application 18/876,410. Therefore, claim 6 of the instant application is anticipated by, and obviously encompassed by claim 13 of Application 18/876,410.
Regarding claim 7, each and every feature of claim 7 of the instant application is recited in claim 15 of Application 18/876,410. Therefore, claim 7 of the instant application is anticipated by, and obviously encompassed by claim 15 of Application 18/876,410.
Regarding claim 8, each and every feature of claim 8 of the instant application is recited in claim 1 of Application 18/876,410. Therefore, claim 8 of the instant application is anticipated by, and obviously encompassed by claim 1 of Application 18/876,410.
Regarding claim 9, each and every feature of claim 9 of the instant application is recited in claim 2 of Application 18/876,410. Therefore, claim 9 of the instant application is anticipated by, and obviously encompassed by claim 2 of Application 18/876,410.
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.
Claim 9 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. There is a lack of antecedent basis for the “encode component” of claim 9. Appropriate correction is required.
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) 1, 3-6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim ( US 8997910 B2) in view of YAMAMOTO (US 20170152001 A1).
Regarding claim 1, Kim teaches a power module of an electric assisted bicycle (Fig 6), comprising:
a housing 410 (Fig 6) with which a radial direction and an axial direction are defined, and comprising a middle frame and a partition portion 418 (Fig 6) , [wherein the partition portion is extended along the radial direction toward an inner space of the housing] (Fig 6 shows the partition wall extending towards the central shaft 420) , [and divides an inner space of the housing into a motor accommodation portion and a reducer accommodation portion arranged along the axial direction] (“the housing 410 is provided with a partition wall 418 at a central portion at an inside thereof to divide an inside space, so that the accelerating unit 430 and the generating unit 450 may be easily installed.” Col 4 lines 60-63);
a pedal shaft 420 (Fig 6) [accommodated in the housing, and extended along the axial direction] (Fig 6 shows the pedal shaft extending along the length of the interior);
a motor 450 (Fig 6) [accommodated in the motor accommodation portion, and comprising a stator fixed to a first side of the partition portion] (Fig 6 shows the rotor 452 and stator 454 of generator 450 positioned on a first side of the partition portion- See annotated Kim Fig 6 below);
a reducer accommodated 430 (Figs 4 and 6) [in the reducer accommodation portion] (“In addition, the housing 410 is provided with a partition wall 418 at a central portion at an inside thereof to divide an inside space, so that the accelerating unit 430 and the generating unit 450 may be easily installed.” col 4 lines 60-63), and comprising a reducer input shaft 456 (Fig 6) , a movable gear 442 (Fig 6) , a fixed gear 444 (Fig 6) and a reducer output shaft 446 (Fig 6), wherein the fixed gear 444 (Fig 6) [is sleeved around the movable gear 442] (Fig 5 shows an exploded view where the fixed gear 444 is sleeved around the moveable gear 442 ), the fixed gear 444 (Fig 6) [ is fixed to a second side of the partition portion] (Fig 6 shows the fixed gear 444 on the opposed side of the partition 418) , [and the first side and the second side are opposite to each other] (See Kim annotated Figure 6 below), wherein the reducer output shaft 446 [is connected to the movable gear 442 along the axial direction] ( Fig 5 shows an exploded view of the axle where the movable gear 442 is axially connected to the reducer output shaft via gears 444 ), the reducer input shaft 456 comprises an input-shaft main part, an input-shaft rotor part 452 (Fig 6) [and an input-shaft eccentric part 456 ] (“The rotor shaft 456 is directly connected to the second sun gear 442 of the second accelerating unit 440. In addition, the rotor shaft 456 is rotatively coupled to the penetrating hole of the partition wall 418 to prevent the grease at an inside the accelerating units 430 and 440 from being introduced to the generating unit 450.” Col 6 lines 32-38), the [movable gear 442 (Fig 6) is sleeved around the input-shaft eccentric part 456 ] ( “The rotor shaft 456 is directly connected to the second sun gear 442” col 6 lines 32-33 ), [the input-shaft rotor part 452 is connected to an output shaft of the motor along the radial direction] (Fig 6 shows the rotor part 452 is directly connected to an output shaft of the motor, “In addition, the rotor 452 includes a rotor shaft 456 extendedly provided in lengthways of the pedal shaft 420.” Col 6 lines 31-32), [the input-shaft main part is connected to a third side of the partition portion, and the third side is connected between the first side and the second side] (“In addition, the rotor shaft 456 is rotatively coupled to the penetrating hole of the partition wall 418 to prevent the grease at an inside the accelerating units 430 and 440 from being introduced to the generating unit 450.” Col 6 lines 35-38 ); Kim further teaches the input-shaft main part is arranged between the input-shaft rotor part 452 (Fig 6) and the input-shaft eccentric part 456 (Fig 6) , [an outer diameter of the input-shaft rotor part is greater than an outer diameter of the input-shaft main part, and the outer diameter of the input-haft main part is greater than an outer diameter of the input-shaft eccentric part] (Annotated Kim Fig 6 below shows the different diameters of the rotor input parts).
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Annotated Kim Fig 6 shows the positioning of the stator and rotor elements compared to the partition element 418.
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Annotated Kim Fig 6 shows the outer diameters of the input-shaft elements compared to one another.
Kim does not teach a gear-plate output shaft accommodated in the housing, wherein the reducer output shaft is sleeved around the gear-plate output shaft through a gear-plate-output-shaft first one-way bearing, and the gear-plate output shaft is sleeved around a first end of the pedal shaft through a gear-plate-output-shaft second one-way bearing;
a pedal-shaft first two-way bearing accommodated in the housing, and sleeved around a second end of the pedal shaft; and a sensing component attached to the pedal shaft, and disposed adjacent to one side of the pedal-shaft first two-way bearing along the axial direction.
Yamamoto teaches a gear-plate output shaft 58 (Fig 3) accommodated in the housing 40 (Fig 3) , and the gear-plate output shaft 58 (Fig 3) [is sleeved around a first end of the pedal shaft 32 (Fig 3) through a gear-plate-output-shaft second one-way bearing 34 (Fig 3)] (para 0038) ; [a pedal-shaft first two-way bearing accommodated in the housing, and sleeved around a second end of the pedal shaft 32 (Fig 3)] (Fig 3 shows the pedal shaft having bearings attached to both sides of the pedal shaft within the housing); [and a sensing component 82 (Fig 3) attached to the pedal shaft (See Fig 3), and disposed adjacent to one side of the pedal-shaft first two-way bearing along the axial direction] (“The rotational speed sensor comprises a cadence sensor that detects the rotational speed of the crank. The cadence sensor detects, for example, a magnet that is provided on the crankshaft 32. The cadence sensor comprises a magnetism detection sensor, such as a reed switch or a Hall Effect element. The cadence sensor outputs a signal corresponding to the rotational speed of the crankshaft 32 to the controller 46.’ para 0062, Fig 3 shows sensor element 82 that is adjacent to the two way bearing at the housing of the pedal shaft in Fig 3 ). Yamamoto further teaches a first and second two way bearing 84B (Fig
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the output shaft, bearings and sensor of Yamamoto with the drive device of Kim with a reasonable expectation of success because it would allow for a means to transfer energy from the motor output device into the pedal shaft, and the one way bearings prevent the pedal shaft from reversing and damaging the motor components. By including the elements of Yamamoto the drive device has a better energy transfer system with one way bearings that prevent reversal of the energy and the overall efficiency of the drive device is improved.
Additionally, Kim and Yamamoto teach the drive device of claim 1, except for a one-way bearing is sleeved between the gear plate output shaft and a reducer output shaft. It would have been obvious to one having ordinary skill in the art at the time of the claimed invention to add a one-way bearing between the shaft elements since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 3, Kim and Yamamoto fully teach the input-shaft main part is arranged between the input-shaft rotor part and the input-shaft eccentric part, an outer diameter of the input-shaft rotor part is greater than an outer diameter of the input-shaft main part, and the outer diameter of the input-haft main part is greater than an outer diameter of the input-shaft eccentric part (See modification of Kim in view of Yamamoto in claim 1 above).
Regarding claims 4-6, Kim and Yamamoto discloses the claimed invention except for the two way bearings installed on the input and output shafts It would have been obvious to one having ordinary skill in the art at the time of the claimed invention to duplicate the two way bearings so that each shaft is axially supported by the bearings since it has been held that a duplication of parts has no patentable significance unless a new and unexpected result emerges. See In re Harza, 124 USPQ 378. Please note that using a plurality of two way bearings to provide axial support to the different shaft components is a standard practice to provide axial support along the length of the shaft (See Kim Col 5 lines 4-9 and Fig 3 for two-way bearing placements and usage).
Regarding claim 8, Kim teaches the drive device of claim 1.
Kim does not teach the reducer input shaft has an extension portion extended to a cap of the housing along the axial direction, and connected to the cap through an input shaft rear bearing.
Yamamoto teaches a reducer input shaft 42 (Fig 4) [has an extension portion extended to a cap of the housing along the axial direction] (Fig 4 shows a reducer input shaft 42 extending along the axial direction of the housing), [and connected to the cap through an input shaft rear bearing] (Fig 4 of Yamamoto shows bearings attached to both sides of the reducer input shaft and the housing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the extended reducer input shaft, of Yamamoto with the drive device of Kim with a reasonable expectation of success because it would allow for more axial support of the reducer input shaft along the entire length of the shaft. By lengthening the reducer input shaft as shown in Yamamoto the drive device has a better energy transfer system between the shafts.
Claim(s) 2,7 and 9-10, are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Yamamoto in further view of Arimune (US 9376163 B2).
Regarding claim 2, Kim and Yamamoto teach the drive device of claim 1.
Kim and Yamamoto do not teach an encoder attached to an input shaft rotor part in the axial direction.
Arimune teaches an encoder 58a-58b (Fig 3) [attached to an input shaft rotor part] (“…a substantially cylindrical magnet 58a is provided on an outer circumferential surface of the outer member 55b of the one-way clutch 55. An encoder 58b including a Hall element is provided in a position opposed to a portion of the outer circumferential surface of the magnet 58a. The encoder 58b is held on an inner surface of the second case portion 53” Col 5 lines 14-19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the encoder of Arimune with the drive device of Kim and Yamamoto with a reasonable expectation of success because it would provide an output signal to check the speed of the input shaft. By including the encoder, a controller has improved control of the drive device with more inputs from the drive device.
Regarding claim 7, Kim and Yamamoto teach the drive device of claim 1.
Kim and Yamamoto do not teach a driver disposed in the housing, arranged between the motor and a cap of the housing, and electrically connected to an encoder component and the sensing component.
Arimune teaches a driver 100 (Fig 4) disposed in the housing 53 (Fig 3), [arranged between the motor and a cap of the housing, and electrically connected to an encoder component and the sensing component] (“More specifically, the controller 100 detects the rider's pedaling effort based on a signal output from the torque detector 57 that detects a torque at the crankshaft 41” Col 6 lines 52-55 and “Although not shown, the controller 100 that will be described is provided in the vicinity of the electric motor 61. the controller 100 is preferably provided near the electric motor 61,” Col 5 lines 49-50 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the motor controller of Arimune with the drive device of Kim and Yamamoto with a reasonable expectation of success because it would provide a way to interpret the encoder and sensor signals to control the power output from the motor. By including the controller near the motor within the housing, the controller can control the output of the motor while saving space within the drive device.
Regarding claim 9, Kim and Yamamoto teach the drive device of claim 8.
Kim and Yamamoto do not teach the drive device having an encode component having a rotating part and a sensing part arranged in the radial direction, wherein the rotating part is disposed on the extension portion of the reducer input shaft.
Arimune teaches an encoder 58a-58b (Fig 3) with a rotating part and sensor part (“…a substantially cylindrical magnet 58a is provided on an outer circumferential surface of the outer member 55b of the one-way clutch 55. An encoder 58b including a Hall element is provided in a position opposed to a portion of the outer circumferential surface of the magnet 58a. The encoder 58b is held on an inner surface of the second case portion 53 by a resin support member 58c. The encoder 58b detects a change in the magnetic field of the magnet 58a provided on the outer circumferential surface of the outer member 55b.” Col 5 lines 14-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the encoder sensing and rotating parts of Arimune with the extended input shaft of Kim and Yamamoto with a reasonable expectation of success because it would provide additional signals to the motor controller to improve the response time of the motor. By including encoder with a sensor and rotating part, the rotation of the reducer input shaft can be properly recorded and the motor speed can adjust the output of the motor to ensure proper power is applied to the drive device.
Regarding claim 10, Kim and Yamamoto teach the drive device of claim 1.
Kim and Yamamoto do not teach an encoder component having a sensing part disposed adjacent to a motor-rotor magnet of the motor.
Arimune teaches an encoder 58a-58b (Fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the encoder of Arimune next to the motor rotor magnet drive device of Kim and Yamamoto with a reasonable expectation of success because it would provide an output signal to check the speed of the input shaft via the motor rotor magnet. By including the encoder, a controller has improved control of the drive device with more inputs from the drive device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mercat (US 20220081063 A1) teaches an assist device for a bicycle includes a motor, a step-down gear, a free wheel, and a shaft which rotates as one with a right crank and a left crank. The motor transmits an assist torque to the shaft by m the free wheel. The device is designed to be received inside a pedal assembly casing.
Chung (US 20230099907 A1) teaches a power module of an electric assisted bicycle is disclosed and includes a pedal shaft, a gear-plate-output shaft, a reducer-output shaft and a motor-output shaft. The pedal shaft is arranged along an axial direction. The gear-plate-output shaft includes a first section and a second section arranged in the axial direction. The first section is concentrically sleeved on the pedal shaft through a first one-way bearing along a radial direction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN M KNAUF whose telephone number is (703)756-4532. The examiner can normally be reached 8:00 AM -4:30 PM.
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/M.M.K./Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611