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 .
DETAILED ACTION
This is the first action on the merits for application 18/822921. Claims 1-10, 17-24 are currently pending in this application.
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 1-8 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.
Claim 1 recites the limitation "the first and second sides" in line 21 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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 1-10, 17-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,104,695. Although the claims at issue are not identical, they are not patentably distinct from each other because all the elements in the present set of claims are claimed in the patent.
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, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over ECK (2018/0238430) in view of AITCIN (2014/0349792), BOUFFARD (9,057,432), and JOSS (6,309,317).
Regarding Claim 1, ECK teaches A CVT primary clutch for an engine of a vehicle, the clutch (100) comprising: a center post [0021] for mounting to an output end of an engine (302) crankshaft [0025]; a stationary sheave (102a) to be attached to the center post [0021]; a moveable sheave (150) for moving axially along the center post toward and away from the stationary sheave (102a) in response to engine RPM; and a face plate (Fig. 3) to be fastened onto the moveable sheave (150) for protecting internal components of the clutch (100); a spider portion (158) mounted onto the center post [0021] within an interior of the moveable sheave (150): and at least two shift arms (158a-c) and ramps (152) coupling the moveable sheave (150) with the spider portion, the shift arms (158a-c) each including a roller (Fig. 2) configured to ride on the corresponding ramp (152) coupled to the moveable sheave (150) with the roller configured to push against the ramp (152) when centrifugal force causes the multiple shift arm to be pushed away from the center post [0021] and the shift arms and the rollers and the ramps configured to push the moveable sheave (150) toward the stationary sheave (102a) in response to engine RPM.
ECK does not teach the shift arms each including opposing exterior surfaces each configured to receive additional weights secured to the opposing exterior surfaces of the shift arm by a thru bolt to affect the engine RPM at which the moveable sheave begins to move toward the stationary sheave, the ramps each supported in the moveable sheave by a quick shift bolt directly mounted within the moveable sheave, the first and second sides may be selected to contact the rollers and affect the engine RPM when the moveable sheave begins to move toward the stationary sheave.
JOSS teaches the shift arms (30) each including opposing exterior surfaces each configured to receive additional weights (40) secured to the opposing exterior surfaces of the shift arm by a thru bolt to affect the engine RPM at which the moveable sheave begins to move toward the stationary sheave
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in ECK to have the ramp changing system in JOSS to help change the shifting properties of the transmission.
AITCIN teaches the ramps each supported in the moveable sheave by a quick shift bolt (230) directly mounted within the moveable sheave,
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in ECK to have the ramp changing system in AITCIN to further help change the shifting properties of the transmission as the rotation speed of the pulley increases.
BOUFFARD teaches the first (226) and second (228) sides may be selected to contact the rollers and affect the engine RPM when the moveable sheave begins to move toward the stationary sheave (Col. 7 lines 59 – Col. 8 line 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in ECK to have the ramp changing system in BOUFFARD to further help change the shifting properties of the transmission as the moveable sheave gets closer to the stationary sheave.
Regarding Claim 2, ECK as modified teaches wherein the face plate (Fig. 3) may be implemented with any of various decorations, colors, diagrams, words, numbers, and the like (claim 2, label 182).
Regarding Claim 3, ECK as modified teaches wherein the face plate (Fig. 3) includes multiple openings (181, fig. 4) configured to provide easy access to internal components comprising the clutch (100).
Regarding Claim 4, ECK as modified teaches wherein the openings (181, fig. 4) facilitate quickly and easily performing adjustments to the performance of the clutch (100).
Regarding Claim 6, ECK as modified teaches wherein a roller bearing (120) may be mounted onto the center post [0021] and disposed between the stationary sheave (102a) and the moveable sheave (150).
Regarding Claim 7, ECK as modified teaches wherein the roller bearing (120) is configured to provide a stationary surface for a belt [0005] to reside on during engine idling.
Regarding Claim 8, ECK as modified teaches wherein the roller bearing (120) reduces belt friction and overall clutch temperature while increasing longevity of the belt [0005].
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over ECK (2018/0238430) in view of AITCIN (2014/0349792), BOUFFARD (9,057,432), and JOSS (6,309,317) and further in view of OKESON (2018/0363748).
Regarding Claim 5, ECK as modified does not teach wherein multiple fan blades may be disposed on an inner surface of the face plate and configured to provide cooling to the components comprising the clutch. OKESON teaches wherein multiple fan blades may be disposed on an inner surface of the face plate and configured to provide cooling to the components comprising the clutch (Fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in ECK as modified to have the fan in OKESON to help circulate air for cooling the transmission.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY Y LIU whose telephone number is (571)270-7018. The examiner can normally be reached 9-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MANSEN can be reached at 5712726608. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HENRY Y. LIU
Examiner
Art Unit 3654
/HENRY Y LIU/ Primary Examiner, Art Unit 3654