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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. As such the earliest date of priority of 08/01/2023 is granted to the instant application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second eccentric shafts of claim 1, and the angle sensor of claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 of this application is patentably indistinct from claims 1 and 4 of Application No. 18/586,643. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of copending Application No. 18/586,643 (reference application).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 18/586,653
Co-Pending application 18/586,643
Claim 1:
An exercise bike flywheel system, comprising: a rotating shaft; a flywheel fixedly connected to said rotating shaft; at least one brake component provided on said flywheel along the circumferential direction of said flywheel; a bracket rotationally connected to said rotating shaft; a first magnet component arranged in an arc shape, said first magnet component comprising a first fixed end and a first movable end, said first fixed end being rotatably arranged on said bracket; a second magnet component arranged in an arc shape, said second magnet component comprising a second fixed end and a second movable end, said second fixed end being rotatably arranged on said bracket, said second magnet component cooperating with said first magnet component to achieve a shape similar to said brake component; a first gear and a second gear both rotatably arranged on said bracket, said first gear and said second gear rotating in opposite directions, said first gear comprising a first eccentric shaft, said second gear comprising a second eccentric shaft; a first link and a second link, said first link having one end thereof fixedly connected to said first movable end and an opposite end thereof rotationally connected to said first eccentric shaft, said second link having one end thereof fixedly connected to said second movable end and an opposite end thereof rotationally connected to said second eccentric shaft; and a driving device set configured to drive said first gear and said second gear to rotate simultaneously.
The examiner notes that since claim 4 is dependent on claim 1 in the co-pending application the claims combined are patentably indistinct from independent claim 1 of the instant application. Furthermore the first and second brake members of the co-pending application are the same as the first and second magnet components of the instant application, and the magnet set arc of the co-pending application is the same as the brake component of the instant application the names have merely been swapped.
Claim 1:
A flywheel power generation system comprising: a rotating shaft; a flywheel fixedly connected to said rotating shaft, said flywheel comprising a circular accommodating chamber; a magnet set fixedly installed on a circumferential inner chamber wall of said accommodating chamber in a magnet set arc; a bracket rotationally connected to said rotating shaft; a stator coil fixedly installed on the bracket; a first brake member arranged in an arc shape, said first brake member comprising a first fixed end and a first movable end, said first fixed end being rotatably arranged on said bracket; a second brake member arranged in an arc shape, said second brake member comprising a second fixed end and a second movable end, said second fixed end being rotatably arranged on said bracket, said second brake member cooperating with said first brake member to describe a brake arc similar to the magnet set arc; a first gear and a second gear both rotatably arranged on said bracket, said first gear and said second gear rotating in opposite directions, said first gear comprising a first eccentric shaft, said second gear comprising a second eccentric shaft; and a driving device set installed on the bracket in the accommodating chamber and configured to drive said first movable end and said second movable end of the first and second brake members, respectively, toward or away from each other and to move the brake arc toward or away from the magnet set arc to adjust a friction resistance between the first and second brake members and the magnet set.
Claim 4:
The flywheel power generation system as claimed in claim 1, further comprising a first link member and a second link member, said first link member having one end thereof fixedly connected to said first movable end and an opposite end thereof rotationally connected to said first eccentric shaft, said second link member having one end thereof fixedly connected to said second movable end and an opposite end thereof rotationally connected to said second eccentric shaft.
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) 1-4, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao US 20250025734 A1, and further in view of Chen CN 104426290 A.
Regarding claim 1:
Zhao discloses an exercise bike flywheel system (a resistance adjustable rotating wheel 1000), comprising: a rotating shaft (assembling/mounting shaft 420); a flywheel (rotating wheel 200)fixedly connected to said rotating shaft (“The mounting shaft 420 is mounted on the mounting channel 1401 of the base plate 140 and the mounting hole 203 of the rotating wheel 200” See page 11 of the translated description and figure 2); at least one brake component (metal spacer 300) provided on said flywheel along the circumferential direction of said flywheel (“The metal spacer 300 is held between the magnetic conductive surface 101 of the rotating wheel 200 and the magnetic surfaces 101 of the resistance adjusting device 100 in a manner that is mounted to the magnetic conductive surface 101 of the rotating wheel 200.” See paragraph [0086] and figure 3); a bracket (carrying platform 141) rotationally connected to said rotating shaft (See figure 3) ; a first magnet component (first magnetic tile 110) arranged in an arc shape (see figure 3), said first magnet component comprising a first fixed end (See annotated figure 3) and a first movable end (“wherein two ends of the first linkage member 150 are rotatably connected with an upper portion of the rotating member 130 and an upper portion of the first magnetic tile 110” See paragraph [0089], where the examiner notes that the upper portion of the magnetic tile is a movable end since the linkage is meant to push/pull the tile causing it to change the resistance of the wheel.), said first fixed end being rotatably arranged on said bracket (“A lower portion of the first tile 110 is rotatably mounted at a lower portion of the base plate 140 and an upper portion of the second tile 120 is rotatably mounted at an upper portion of the base plate 140.” See paragraph [0089]); a second magnet component (second magnetic tile 120) arranged in an arc shape (See figure 3), said second magnet component comprising a second fixed end (See annotated figure 3) and a second movable end (“two ends of the second linkage member 160 are rotatably connected with a lower portion of the rotating member 130 and a lower portion of the second magnetic tile 120” See paragraph [0089], where the examiner notes that the lower portion of the magnetic tile is the second moveable end since the linkage is meant to push/pull on the tile in order to change the resistance of the wheel.), said second fixed end being rotatably arranged on said bracket (“A lower portion of the first tile 110 is rotatably mounted at a lower portion of the base plate 140 and an upper portion of the second tile 120 is rotatably mounted at an upper portion of the base plate 140.” See paragraph [0089]), said second magnet component cooperating with said first magnet component to achieve a shape similar to said brake component (See figure 3); a first gear (See annotated figure 5C) and a second gear (rotating member 130) both rotatably arranged on said bracket (See figure 3 which shows all the transmission gears 192, which the first gear is a part of, and the rotating member 130, mounted on the bracket discussed above and are capable of rotating in order to execute their functions), said first gear and said second gear rotating in opposite directions (“The rotating member 130 has a plurality of gear teeth matching the gear teeth of the transmission gear set 192, and the driving motor 191 is capable of driving the transmission gear set 192 to rotate to drive the rotating member 130 to rotate clockwise or counterclockwise with respect to the base plate 140, and thereby drive the first magnetic tile 110 and the second magnetic tile 120 close to each other or away from each other by the first linkage member 150 and the second linkage member 160, thereby adjust the amount of resistance to which the rotating wheel 200 is subjected during rotation” See paragraph [0107], where the examiner notes that the first gear which rotates the rotating member 130 must rotate in a direction opposite the rotating member in order for the device to function as depicted.); said second gear comprising a second eccentric shaft (See annotated figure 5C. The examiner notes that due to the lack of direction from the drawings, see above, and that since there is no special definition given to what the applicant considers an “eccentric shaft”, the point at which the second linkage is depicted in Zhao as being connected to the rotating member, which is similar to the depiction shown in the figures of the instant application, the annotated figure 3 does show the second gear having a second eccentric shaft, as the definition of eccentric as provided by Merriam-Webster is “located internally somewhere other than at the geometric center”, which the point shown in the annotated figure meets this definition and is being considered as the eccentric shaft with no further functional or structural limitations.); a first link (first linkage member 150) and a second link (Second linkage member 160), said first link having one end thereof fixedly connected to said first movable end (See recitation of paragraph [0089] above which discusses how the first link is attached to the first magnetic tile), said second link having one end thereof fixedly connected to said second movable end (See recitation of paragraph [0089] above which discusses how the first link is attached to the first magnetic tile) and an opposite end thereof rotationally connected to said second eccentric shaft (See annotated figure 5C and discussion of paragraph [0089] above); and a driving device set (driving assembly 190) configured to drive said first gear and said second gear to rotate simultaneously (Paragraph [0107] discusses the individual components of the driving device set including motor 191, and a set of transmission gears 192, which are used together to rotate the first gear at the end of the transmission set and the rotating member 130 ate the same time in order to move the magnetic tiles).
[AltContent: arrow][AltContent: textbox (2nd fixed end of 2nd magnetic component)][AltContent: textbox (1st fixed end of first magnetic component)][AltContent: arrow]
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Zhao fails to teach said first gear comprising a first eccentric shaft, and that the first link has an opposite end thereof rotationally connected to said first eccentric shaft.
The examiner notes that Zhao does teach the first and second links having an end opposite the end attached to the magnetic tile which is attached to a shaft or post in order to rotate with the rotating member and first gear, but that the eccentric shafts specifically are not taught.
Chen, however, a flywheel body, a flywheel inner side, a coil set, a flywheel outer side, and a plurality of magnetic units, and the magnetic unit ring array is disposed on the inner ring (See page 2 of the translated description) and further teaches said first gear (gear set 72) comprising a first eccentric shaft (output shaft 721), and that the first link has an opposite end thereof rotationally connected to said first eccentric shaft (See figure 3. The examiner notes that due to the lack of direction from the drawings, and that since there is no special definition given to what the applicant considers an “eccentric shaft”, the point at which the first linkage is depicted in Chen as being connected to the gear, which is similar to the depiction shown in the figures of the instant application, figure 3 does show the first gear having a first eccentric shaft, as the definition of eccentric as provided by Merriam-Webster is “located internally somewhere other than at the geometric center”, which the point shown in the annotated figure meets this definition and is being considered as the eccentric shaft with no further functional or structural limitations).
[AltContent: textbox (flywheel main body schematic diagram of the braking device)]
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gears and links of Zhao to include a first eccentric shaft which couples one end of the link to the gear as taught by Chen, as Zhao already teaches the first gear and the first link and a coupling of the link at an opposite end, so to modify the parts to include the shaft on the first gear itself amounts to no more than a rearrangement of parts which is not a patentably distinct invention as stated in MPEP Chapter 2144.04, section VI., subsection C., and would still allow the links to push/pull the magnet components as that is the function of both inventions.
Regarding claim 2:
Zhao as modified discloses the exercise bike flywheel system as claimed in claim 1, wherein said flywheel comprises a circular receiving groove (receiving space 202); said at least one brake component is fixedly arranged on the circumferential groove wall of said circular receiving groove (See figure 3); said bracket is located in said circular receiving groove (“the resistance adjusting device 100 is held within the receiving space 202 of the rotating wheel 200.” See paragraph [0079] where the examiner notes the bracket as discussed above in the rejection of claim 1, which claim 2 depends on, is part of the resistance adjusting device 100); said driving device set is arranged on said bracket (see rejection of claim 1 above).
Regarding claim 3:
Zhao as modified discloses the exercise bike flywheel system as claimed in claim 2, wherein said first gear meshes with said second gear (“The rotating member 130 has a plurality of gear teeth matching the gear teeth of the transmission gear set 192,” See paragraph [0107]); said driving device set comprising a motor (motor 191) and a transmission gear set (transmission gear set 192), said motor being set on said bracket (see figure 3)so that said first gear or said second gear and said motor are transmitted through said transmission gear set (“and the driving motor 191 is capable of driving the transmission gear set 192 to rotate to drive the rotating member 130 to rotate clockwise or counterclockwise with respect to the base plate 140” See paragraph [0107].The examiner notes that the inclusion of the phrase “or” requires that only one of the options are necessary for the invention.).
Regarding claim 4:
Zhao as modified discloses the exercise bike flywheel system as claimed in claim 3, wherein said transmission gear set comprises a worm and a plurality of intermediate gears (See annotated figure 5C), said worm being coaxially fixed on the output shaft of said motor (See annotated figure 5C), said multiple intermediate gears meshing and transmitting one by one to form a transmission path set in a preset direction (“The rotating member 130 has a plurality of gear teeth matching the gear teeth of the transmission gear set 192, and the driving motor 191 is capable of driving the transmission gear set 192 to rotate to drive the rotating member 130 to rotate clockwise or counterclockwise with respect to the base plate 140, and thereby drive the first magnetic tile 110 and the second magnetic tile 120 close to each other or away from each other by the first linkage member 150 and the second linkage member 160, thereby adjust the amount of resistance to which the rotating wheel 200 is subjected during rotation” See paragraph [0107], with the examiner noting that the claimed limitation is merely reciting the function of a transmission gear set and a motor), said worm meshing with the said intermediate gear located at the beginning of said transmission path(See annotated figure 5C), said first gear or said second gear meshing with the said intermediate gear located at the end- of said transmission path (See annotated figure 5C).
[AltContent: arrow][AltContent: textbox (1st intermediate gear)][AltContent: arrow][AltContent: textbox (2nd Intermediate gear)][AltContent: textbox (Worm gear on output shaft of motor)][AltContent: arrow]
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Regarding claim 6:
Zhao discloses the exercise bike flywheel system as claimed in claim 2, further comprising a fixing member (outer cover 170) rotationally connected to said rotating shaft, said fixing member is configured to cooperate with said bracket to fix the components located on said bracket and to seal said circular receiving groove (“wherein the outer cover 170 is held at a side of the resistance adjusting device 100 in such a manner that the through hole 171 is corresponded to the assembling shaft 420 and shelters an opening of the receiving space 202 of the rotating wheel 200” See paragraph [0156]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao US 20250025734 A1, in view of Chen CN 104426290 A, and further in view of Tamaki JP 2011107059 A.
Zhao as modified teaches the invention as substantially claimed above.
Regarding claim 5:
Zhao as modified teaches the exercise bike flywheel system as claimed in claim 1, but fails to teach further comprising an angle sensor used to detect the rotation angle of said first gear or said second gear.
Tamaki, however, teaches a rotation angle detection device for detecting the rotation angle of a rotating body, the first driven body and the second driven body rotating in conjunction with the rotation of the rotating body (See paragraph [0005] of the translated document), and further teaches an angle sensor (angle sensor 112) used to detect the rotation angle of said first gear or said second gear (“The first rotation angle sensor 112 is arranged outside the first driven gear 111 in the radial direction of rotation, and a plurality of first rotation angle sensors 112 are formed in the teeth of the first driven gear 111 or in the circumferential direction of the first rotary shaft 110. Based on the angle mark, the rotation angle of the first driven gear 111 is detected.” See paragraph [0016] of the translated document).
[AltContent: textbox (a schematic block diagram of the rotation angle detection apparatus)]
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Zhao to include an angle sensor to detect the rotation angle of said first gear or said second gear as taught by Tamaki, in order to better control the rotation of the first and second gear via the driving device set in order to more accurately control the braking system during use.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao US 20250025734 A1, in view of Chen CN 104426290 A, and further in view of Shaw et al. US 20220263388 A1.
Zhao as modified teaches the invention as substantially claimed above.
Regarding claim 7:
Zhao as modified teaches the exercise bike flywheel system as claimed in claim 2, but fails to teach wherein said brake component is an annular aluminum sheet adhered to the circumferential groove wall of said circular receiving groove.
The examiner notes that as noted above in the rejection of claim 1, which claim 2 depends on, which claim 7 depends on, Zhao does teach that the brake component is adhered to the circumferential groove wall of said circular receiving groove (See figure 3 and the rejection of claims 1 and 2), however that the brake component is specifically an annular aluminum sheet is not taught.
Shaw, however, teaches an axial flux machine including a planar stator having a winding arranged to be positioned within the machine's active region, and may further include at least one switch configured to be selectively closed to establish an electrical connection between respective ends of the winding at a time that the winding is not coupled to an external power source (See abstract), and further teaches said brake component is an annular aluminum sheet (“The segment 904 of the machine 900, however, may be a conductive sheet of material (e.g., aluminum or copper) positioned in the gap within the active region of the machine 900 such that eddy currents may be generated as the rotor rotates, thus causing the creation of a drag force on the rotor that increases as a function of rotor speed.” See paragraph [0047] and figure 9).
[AltContent: textbox (a second example implementation of a planar axial flux machine that includes multiple different stator structure types)]
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the brake component of Zhao to be an annular aluminum sheet as taught by Shaw, as using aluminum for magnetic braking systems to generate eddy currents is common in the art, and it allows for the resistance of the magnetic brake to be adjusted during use.
Conclusion
The following prior art made of the record has not been relied upon but has been found to be pertinent to the content of the applicant’s disclosure:
Kim et al. US 20250152998 A1:Exercise Bike, which teaches an exercise bike comprising a base part being placed on an installation surface, a support frame part having a lower portion that is fixed to the base part and an upper portion that extends to an upper side of the base part and supports a handle and a seat, a disc part connecting to a rotation support shaft that passes through the support frame part, a pedal being detachably disposed at the disc part, a resistance adjusting part receiving a rotation of the disc part through a belt member, being supported by the support frame part and adjusting resistance at a time when the pedal is rotated by magnetic force, and a housing part being disposed at the upper side of the base part in a state.
Lee US 20230113237 A1:Eddy Current Type Resistance Device, which teaches an eddy current type resistance device comprising: a ring-shaped flywheel; a shaft center, the shaft center has an axial blind hole, the shaft center has a radial blind hole, the radial blind hole is connected to the axial blind hole; a positioning frame, connected to the shaft center inside the ring-shaped flywheel; multiple magnetic field generating components, evenly arranged on the positioning frame, and make the signal wires of the magnetic field generating components pass through the radial blind hole and the axial blind hole the outer end of the shaft center; and a side cover, connecting to the other side of the ring-shaped flywheel, and is connected to the shaft center by a bearing.
Liu et al. US 20200338383 A1: Spinner Bike with Adjustable Magnetic Resistance, which teaches a spinner bike with adjustable magnetic resistance including a generator, a disc plate, a magnetic resistance adjusting apparatus and a resistance adjusting apparatus, wherein the elements are disposed on a frame body of a spinner bike, so that a pedaling mechanism of the spinner bike can be operated to drive a flywheel and the disc plate for generating electricity by the cutting of flux formed by a plurality of magnets surrounding an armature core.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN A DICUIA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
