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 mechanical connection to a pre-stressed material (see claim 21) and at least one spacer intermediate between the upper spherical plate and the lower spherical plate (see claim 22) 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.
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 21 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.
Regarding claim 21, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Moreover, the phrase mechanical connection “to a pre-stressed material…” renders the scope of the claim as indefinite because it is unclear if the claim requires a mechanical connection connected to a pre-stressed material or if the mechanical connection is for use with a pre-stressed material. Interpreting the claim in the former would make it unclear if the claim is directed to smart friction pendulum system per se or to the smart friction pendulum in combination with a pre-stressed structure. For purposes of examination, the claim is interpreted as directed to a smart pendulum system per se where the mechanical connection is capable of connecting with a pre-stressed structure.
Claim Rejections - 35 USC § 102
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, 6-12, 15, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 113374107 to Cao et al. (“Cao”).
Regarding claim 1, Cao discloses a smart friction pendulum system comprising: an upper spherical plate 1 and a lower spherical plate 3 each having a sliding surface (spherical sliding portion at 131 and 331); a slider 21-23 positioned between the upper spherical plate and the lower spherical plate 3; and a plurality of shape memory alloy (SMA) wires 4 each having a first end and a second end; wherein the first end of each of the plurality of SMA wires is attached to the upper spherical plate and the second end of each of the plurality of SMA wires is attached to the lower spherical plate.
Regarding claim 2, Cao discloses that the sliding surface (inner surface of 131) on the upper spherical plate is curved (131 is curved to accommodate spherical surface 21).
Regarding claim 3, Cao discloses that the sliding surface 331 on the lower spherical plate is curved.
Regarding claim 6, Cao discloses that an upper surface 21 of the slider is curved.
Regarding claim 7, Cao discloses that a lower surface 23 of the slider is curved.
Regarding claim 8, Cao discloses that the smart friction pendulum system is configured to be installed between a foundation and a base mass of a civil infrastructure.
Regarding claim 9, Cao discloses that the smart friction pendulum system is configured to preserve a civil infrastructure under lateral loads.
Regarding claim 10, Cao discloses that the smart friction pendulum system is configured to dissipate energy by providing friction between the sliding surfaces and the slider.
Regarding claim 11, Cao discloses that the plurality of SMA wires 4 is at least eight SMA wires.
Regarding claim 12, Cao discloses that two SMA wires of the plurality of SMA wires 4 are positioned on each of a first side, a second side, a third side, and a fourth side of the upper spherical plate and lower spherical plate.
Regarding claim 15, Cao discloses that each of the plurality of SMA wires are configured to deform and subsequently recover their initial shape (SMA wire 4 allows self-resetting ability; see abstract and pg 2, ln 27-29 of English translation).
Regarding claim 17, Cao discloses that each of the plurality of SMA wire is pre-stressed (pg 2, ln 14-19 of English translation).
Regarding claim 20, Cao discloses that at least one of the plurality of SMA wires is pre-stressed (pg 2, ln 14-19 of English translation).
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) 4, 5, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao in view of U.S. Publication No. 2019/0368138 to Weber et al. (“Weber”). All references are made with respect to Cao unless otherwise noted.
Regarding claims 4 and 5, Cao does not disclose sliding material positioned on an upper surface of the slider nor a sliding material positioned on a lower surface of the slider.
Weber discloses a pendulum system comprising a sliding material (Weber 4) positioned on an upper surface of a slider (Weber 3a, 3b) and a sliding material (Weber 4) positioned on a lower surface of the slider (Weber 3a, 3b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine system of Cao to have a sliding material positioned on an upper surface of the slider and a sliding material positioned on a lower surface of the slider as taught in Weber with a reasonable expectation of success because it would facilitate relative movement between two surfaces.
Regarding claim 22, Cao does not disclose at least one spacer intermediate between the upper spherical plate and the lower spherical plate.
Weber discloses a pendulum system comprising at least one spacer (Weber 4) intermediate between an upper spherical plate (Weber 1) and a lower spherical plate (Weber 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine system of Cao to have at least one spacer intermediate between the upper spherical plate and the lower spherical plate as taught in Weber with a reasonable expectation of success because it would facilitate relative movement between two surfaces.
Claim(s) 14 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao in view of U.S. Publication No. 2022/0081925 to Noori et al. (“Noori”). All references are made with respect to Cao unless otherwise noted.
Regarding claim 14, Cao does not disclose that each of the plurality of SMA wires is positioned diagonally between the upper spherical plate and the lower spherical plate.
Noori discloses a vibration damping system wherein each of a plurality of SMA wires (Noori 310, 311) is positioned diagonally between an upper plate (Noori 202) and a lower plate (Noori 201).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine system of Cao to have each of the plurality of SMA wires is positioned diagonally between the upper spherical plate and the lower spherical plate as taught in Noori with a reasonable expectation of success because it would provide improved lateral stability.
Regarding claim 21, Cao does not expressly disclose a mechanical connection to a pre-stressed material that contains SMA bars.
Noori discloses that vibration damping system comprising a mechanical connection (Noori par 0045) for a pre-stressed material (Noori par 0045).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine system of Cao to have a mechanical connection to a pre-stressed material as taught in Noori with a reasonable expectation of success because it would predictably secure the system while in use.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao in view of CN111395568 to Liu et al. (“Liu”). All references are made with respect to Cao unless otherwise noted.
Regarding claims 18 and 19, Cao does not disclose that the first end of each of the plurality of SMA wires is attached to the upper spherical plate by a pre-stressing nut or the second end of each of the plurality of SMA wires is attached to the lower spherical plate by a pre-stressing nut.
Liu in Fig. 3 discloses a vibration damping system wherein a first end of each of a plurality of SMA wires (Liu 7) is attached to an upper plate (Liu 1) by a pre-stressing nut (Liu 8) and a second end of each of a plurality of SMA wires (Liu 7) is attached to a lower plate (Liu 2) by a pre-stressing nut (Liu 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine system of Cao to have the first end of each of the plurality of SMA wires is attached to the upper spherical plate by a pre-stressing nut or the second end of each of the plurality of SMA wires is attached to the lower spherical plate by a pre-stressing nut as taught in Liu with a reasonable expectation of success because it would facilitate adjusting pre-stressing on site.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
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