DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the first office action on the merits of Application No. 18/529,797 filed on 12/05/2023. Claims 1-9 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. The certified copy has been filed with application no JP2021-108818, filed on 06/30/2021 and JP2022-013266, filed on 01/31/2022.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3, and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirota et al. (US 20160238107 A1).
Regarding claim 1, Hirota discloses a clutch actuator (figs. 1-8) for a clutch device (e.g. 1, fig. 1 para 30) that includes a clutch (7, fig. 1) installed between a first transmission element (e.g. propeller shaft 219, fig. 4) and a second transmission element (e.g. a gear for transmission torque to the rear differential 219), which are configured to make relative rotation between the first transmission element and the second transmission element, (see para 29) while the clutch is configured to shift a state between:
a coupled state where transmission of a torque between the first transmission element and the second transmission element is enabled; and
a decoupled state where the transmission of the torque between the first transmission element and the second transmission element is blocked (see para 21), the clutch actuator comprising:
a housing (67, 73, fig. 1, para 39) that is placed at an inside space of a case (e.g. casing 6, fig. 1, para 30) which is configured to be installed on a vehicle (fig. 4), wherein the housing (67,fig. 1) includes:
a housing plate portion (has not character numeral, the portion contacting 6) that is configured to contact a case plate portion of the case; and
a receiving space (e.g. has no character numeral, the space motor 9 is located as shown in fig. 1) that is located on one side of the housing plate portion which is opposite to the case plate portion;
an electric motor (9, para 39) that is placed at the receiving space and is configured to output a torque of rotation in response to supply of an electric power to the electric motor; and
a rotation-to-translation converter (e.g. cam mechanism 13) that is configured to convert a rotating motion, which is generated by the torque transmitted from the electric motor(9), into a translating motion to shift the state of the clutch to the coupled state or the decoupled state, wherein:
the housing (67) includes:
a housing protrusion (see the annotated figure A below) that protrudes from a surface of the housing plate portion located on another side of the housing plate portion at which the case plate portion is placed, wherein the housing protrusion is configured to fit into a case recess of the case; and
a housing recess (see the annotated figure A below) that is recessed from another surface of the housing plate portion which is opposite to the housing protrusion;
the housing plate portion is shaped in an annular form; and
the housing protrusion is formed at a location that is spaced from an axis of the housing plate portion in a radial direction of the housing plate portion by a predetermined distance.
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Fig. A : Annotated fig. 1 of Hirota
Regarding claim 2, Hirota discloses the clutch actuator (fig. 1) according to claim 1, wherein the housing protrusion is configured to be fitted into the case recess to limit relative rotation of the housing relative to the case. (see the annotated fig. A above)
Regarding claim 3, Hirota discloses the clutch actuator (fig. 1) according to claim 1, wherein the housing protrusion is formed at the location that is spaced from a rotational axis of the electric motor in a radial direction of the electric motor by a predetermined distance.
Regarding claim 6, Hirota discloses the clutch actuator according to claim 1, wherein a distance between a bottom surface of the housing recess and an end surface of the housing protrusion is equal to a plate thickness of a part of the housing plate portion which is located on a radially outer side of the housing protrusion.
Regarding claim 7, Hirota discloses the clutch actuator (fig. 1) according to claim 1, wherein: the case recess is shaped in a form of an oblong hole, wherein an inner diameter (e.g. D1 of annotated fig. A) of the case recess, which is measured in the radial direction of the housing plate portion, is larger than another inner diameter (D2 of annotated fig. A) of the case recess, which is measured in a direction perpendicular to the radial direction of the housing plate portion.
Regarding claim 8, Hirota discloses the clutch actuator (fig. 1) according to claim 1, comprising a seal member (75, fig. 1 and para 60) that is shaped in an annular form and is placed between the housing plate portion (e.g. 67) and the case plate portion (6) at a location which is on a radially outer side of the housing protrusion in a view taken in a plate thickness direction of the housing plate portion, wherein the seal member (75) is configured to maintain a gas-tight or liquid-tight seal between the housing plate portion and the case plate portion.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hirota et al. (US 20160238107 A1) in view of Ishi et al. (JP 2001221020 A).
Regarding claim 9, Hirota discloses a method for manufacturing the clutch actuator of claim 1, but fails to disclose comprising: simultaneously forming the housing protrusion and the housing recess by plastic working.
Ishi teaches a method for manufacturing a housing of a rotor (figs. 1-5) wherein protrusion can be formed by the plastic working. (see para 25)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Hirota by manufacturing the protrusion by plastic working as taught by Ishi, such as the manufacturing can be performed smoothly, easily and accurately. Moreover, the process is cost effective. (see paras 59-60)
Allowable Subject Matter
Claims 4 and 5 is objected to as been dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, set forth in this office action.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Prior Art
SHIROTORI (US 20190186615 A1) discloses a breather device (e.g. 52, fig. 1) for casing (20a) structure of a vehicle.
Conclusion
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/F.P/Examiner, Art Unit 3655
/FARHANA PERVIN/Examiner, Art Unit 3655