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 .
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 -adjustable pendulum rod, the adjustable pendulum rod extending above the pivot point, the actuator, stepper motor, stepper motor controller, rotary encoder, frequency oscillator, laser displacement sensor as disclosed in claims 1, 2, 3, 4, 5, 7, 10, 12, 13, 15, 16 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.
The drawings are objected to because the main elements like the pendulum rod, actuator, motor controller, sensor, etc. are not identify (via numerical identifiers) in the any of the figures.. 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.
Specification
The disclosure is objected to because of the following informalities: the specification does not identify any of the key elements (e.g., pendulum, pendulum rod, etc.) with proper numerical identifiers that would correspond with the figures.
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 – 19 are 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.
In claims 1, 13, the statement “pendulum adaptive” is indefinite. It is not clear in what way the pendulum is adapting.
In claim 4, a pendulum arm is disclose. It is not clear if the pendulum arm is the same component as the pendulum rod or if it is a different component (arm vs. rod).
Claims 2 – 12, 14 – 19 are rejected due to their dependency on claims 1, 13.
In order to advance prosecution in the merits, the Prior Art will be applied
as best understood by the examiner.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1 – 3, 6, 9, 10, 13, 14, 16 – 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rellins (DE 10 2014 015 432).
Rellins discloses, regarding,
Claim 1, A resonance tracking energy harvester, comprising: a pendulum adaptive frequency oscillator (see Figs. 1, 2, 3) comprising an adjustable pendulum rod 3; and control circuitry configured to adjust a length of the adjustable pendulum rod in response to a sensed forcing frequency (since it is disclosed that the “pendulum rod length” and “length of the pendulum rod is adjustable…on the basis of sensory detected wave frequencies”; see English machine translation; see also claims 7, 8 of document; Figs. 1, 2, 3).
Claim 2, the adjustable pendulum rod extends above a pivot point of the pendulum adaptive frequency oscillator (see claims 7 & 8 of document; when threaded rod is moved upwards).
Claim 3, the pendulum adaptive frequency oscillator comprises an actuator configured to adjust the length of the adjustable pendulum rod above the pivot point (since it is disclosed that the rod is adjusted automatically via a controller; see English machine translation; see abstract; claim 8 of document).
Claim 6, the adjustable pendulum rod comprises a weight 5 at a distal end above the pivot point.
Claim 9, the length of the adjustable pendulum rod is adjusted in response to a change in the sensed forcing frequency (since it is disclosed that the “pendulum rod length” and “length of the pendulum rod is adjustable…on the basis of sensory detected wave frequencies”; see English machine translation).
Claim 10, oscillation of the pendulum adaptive frequency oscillator is converted to electrical energy (see abstract).
Claim 13, A method of resonance tracking energy harvesting, comprising: sensing a forcing frequency applied to a pendulum adaptive frequency oscillator (see Figs. 1, 2, 3) comprising an adjustable pendulum rod 3; and adjusting a length of the adjustable pendulum rod in response to the sensed forcing frequency (since it is disclosed that the “pendulum rod length” and “length of the pendulum rod is adjustable…on the basis of sensory detected wave frequencies”; see English machine translation).
Claim 14, the length of the adjustable pendulum rod is adjusted by an actuator (since it is disclosed that the rod is adjusted automatically via a controller; see English machine translation).
Claim 16, adjusting the length of the adjustable pendulum rod comprises extending the adjustable pendulum rod above a pivot point of the pendulum adaptive frequency oscillator (see claims 7 & 8 of document; when threaded rod is moved upwards).
Claim 17, the adjustable pendulum rod comprises a weight 5 at a distal end above the pivot point (see Figs. 1, 2).
Claim 18, converting oscillation of the pendulum adaptive frequency oscillator to electrical energy (see abstract).
Claim 19, converting vibrational energy of the pendulum adaptive frequency oscillator to electrical energy (see abstract).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rellins in view of Guttman (US 2019/0072155).
Rellins discloses all of the elements above. However, Rellins does not disclose the elements below.
On the other hand, Guttman discloses, regarding,
Claim 7, the pendulum adaptive frequency oscillator comprises a rotary encoder configured to measure angular displacement of the pendulum adaptive frequency oscillator (see Fig. 3; [0023, 0026, 0030]).
It would have been obvious before the effective filing date of the claimed invention to design the harvester/method as disclosed by Rellins and to modify the invention per the limitations disclosed by Guttman for the purpose of reducing the cost of a power system.
Claim(s) 4, 5, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rellins in view of Niebauer (US 2015/0234087) and Ulloa (WO 2014/184620).
Rellins discloses all of the elements above. However, Rellins does not disclose the elements below.
On the other hand, Niebauer discloses, regarding,
Claims 4, 15, the actuator is a motor configured to advance or retract the adjustable pendulum arm (see Fig. 8; [0078]).
Claim 5, the control circuitry comprises a motor controller (see Figs. 8, 11, 12).
It is noted that using a stepper motor would have been very easy attainable for someone having ordinary skill in the art.
On that respect, Ulloa discloses, regarding,
Claims 4, 15, the actuator is a stepper motor (see Fig. 1).
Claim 5, the control circuitry comprises a stepper motor controller [0015]].
It would have been obvious before the effective filing date of the claimed invention to design the harvester/method as disclosed by Rellins and to modify the invention per the limitations disclosed by Niebauer for the purpose of improving the measurement characteristics of a pendulum and to disclose the limitations disclosed by Ulloa for the purpose of producing electrical energy in a very low cost manner.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rellins in view of Vikovych (UA 48981).
Rellins discloses all of the elements above. However, Rellins does not disclose the elements below.
On the other hand, Vykovych discloses, regarding,
Claim 8, the length of the adjustable pendulum rod is adjusted for resonant operation at the sensed forcing frequency (see DCG description in English machine translation).
It would have been obvious before the effective filing date of the claimed invention to design the harvester/method as disclosed by Rellins and to modify the invention per the limitations disclosed by Vikovych for the purpose of reducing unwanted vibrations in a pendulum.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rellins in view of Xue (US 7,755,258).
Rellins discloses all of the elements above. However, Rellins does not disclose the elements below.
On the other hand, Xue discloses, regarding,
Claim 11, the electrical energy is harvested via one or more piezoelectric elements (see Fig. 4; column 5, lines 4 – 46).
It would have been obvious before the effective filing date of the claimed invention to design the harvester/method as disclosed by Rellins and to modify the invention per the limitations disclosed by Xue for the purpose of prolonging the power supply of a portable device.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beverini et al (US 2010/0071461).
Rellins discloses all of the elements above. However, Rellins does not disclose the elements below.
On the other hand, Beverini et al discloses, regarding,
Claim 12, a laser displacement sensor detects the sensed forcing frequency [0064].
It would have been obvious before the effective filing date of the claimed invention to design the harvester/method as disclosed by Rellins and to modify the invention per the limitations disclosed by Beverini et al for the purpose of reducing the thermal noise of a device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Julio C. Gonzalez whose telephone number is (571)272-2024. The examiner can normally be reached M-F.
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/Julio C. Gonzalez/
Primary Examiner
Art Unit 2831
September 15, 2026
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