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 .
The amendment filed January 7, 2026 has been entered. Claims 1-15 are amended. Therefore, claims 1-15 are currently pending in the application.
Claim Objections
Claim 15 is objected to because of the following informalities: the status identifier should be “currently amended”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: line 12, “a cross-section-defined” should be --a cross-section defined--. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: line 2, “are chopped fibres.” should be --are chopped fibers.-- Appropriate correction is required.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kageyama et al., U.S. Patent Publication 2016/0040749 in view of Nakashima et al., U.S. Patent Publication 2017/0037224, further in view of Ozaki et al., U.S. Patent Publication 2019/0390047.
As per claim 1, Kageyama et al. disclose a CVT belt (figs. 1, 2) (para [0023]) comprising:
a body (11, 13, 14) extending over an entire section of the CVT belt and comprising cords (12) [tension members] and having a central axis (I) (fig. 1) along their length, wherein the body (11, 13, 14) is made from a single compound comprising a nitrile group- containing copolymer rubber as a main elastomer, and
a top toothing (17) [cog portion] (fig. 2);
an axis A (fig. 2, at cross-section) orthogonal to said central axis and extending at a point where the thickness of the belt is the highest;
a cross-section (fig. 2 cross-section) defined by a section plane orthogonal to said central axis (I) and taken at the axis A, the cross-section having a trapezoidal shape with a top side (fig. E-1) defining a top width, a bottom side (fig. E-1) defining a bottom width, and two lateral sides (fig. E-1),
wherein said top width is greater than said bottom width,
the two lateral sides form an angle alfa (fig. E-1) with said top side,
wherein a projected top width (Wp) (fig. E-1) is defined as the distance between the two intersections of the extensions of the top side and the lateral sides;
characterized in that:
a first height (Hp) defined between said top side and the central axis (I) of said cords is in a range of 1 mm to 6 mm (paras [0060, 0063]), and
a ratio between a second height (H) of the belt defined between the top side and the bottom side, and (H/Hp) is in a range of 0.1 and 0.6 (paras [0060, 0063]).
Kageyama et al. do not disclose cords comprising carbon or PBO fibers and said nitrile group-containing copolymer rubber comprising an acrylonitrile unit (a), a monomer unit (b) of α,β-ethylenically unsaturated nitrile monomer other than acrylonitrile, and a conjugated diene monomer unit (c) and having an iodine value of 120 or less. However, Nakashima et al. in their Cross-Linkage Nitrile Rubber Composition and Cross-Linked Rubber invention teach the use of a cross-linkable nitrile rubber composition including a highly saturated nitrile rubber containing α,β-ethylenically unsaturated nitrile monomer units and having an iodine value of 120 or less (abstract, paras [0019, 0026, 0027, 0040]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kageyama et al. with the above described nitrile rubber composition, as taught by Nakashima, as the cross-linked rubber is suitable for toothed belts because it is particularly excellent in tensile stress and low heat buildup (paras [0075, 0076]).
In addition, Ozaki et al. in their Transmission Belt invention teach the use of a toothed V-belt (fig. 1) containing cords [tension members] made from carbon fibers (para [0098]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kageyama et al. with carbon fiber cords, as taught by Ozaki et al., for the purpose of achieving a belt of high modulus (para [0098]).
Kageyama et al. disclose the claimed invention except for the edges defined by the intersection of the top side and the lateral sides are beveled or chamfered or filleted or radiused. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to radius a sharp corner intersection since it was known in the art that sharp intersections can increase the likelihood of hand injury during belt installation.
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As per claim 2, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, disclose the ratio is between 0.1 and 0.4 (paras [0060, 0063]).
As per claim 3, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose a bottom toothing (16) [cog portion] (fig. 2) on the bottom side.
As per claim 4, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose said top toothing (17) and said bottom toothing (16) have different pitches (paras [0076, 0077, 0097]).
As per claim 5, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose said top toothing (17) has a pitch between 5 and 15 mm (para [0097]).
As per claim 6, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose said bottom toothing (16) has a pitch between 5 and 12 mm (para [0097]).
As per claim 7, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose said projected top width (Wp) is in a range of 15 mm to 45 mm (para [0097]).
As per claim 8, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose said bottom width is in a range of 12 mm to 42 mm (paras [0060, 0063, 0097]). Dimensions supplied in these paragraphs yield at least a portion of the claimed range (12-42mm) bottom width dimension. Top side width of 37.1 mm.
As per claim 9, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose said angle alfa is in a range of 24° C to 30° C (paras [0060, 0063, 0097]). Dimensions supplied in these paragraphs yield at least a portion of the claimed angle alpha range (24° to 30°). Top side width of 37.1 mm.
As per claim 10, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose said top toothing (17) and said bottom toothing (16) are covered by a fabric (5) (para [0097]).
As per claim 11, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose the carbon or PGO fibers are uniformly distributed in the body from the top side to the bottom side (paras [0045-0050]).
As per claim 12, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose the carbon or PBO fibers are present in percentage by weight of a total weight of the body of 1 % wt to 20 % wt (paras [0045-0050]) .
As per claim 13, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose the carbon or PBO fibers are chopped fibres. Paragraph [0045], chopped fibers are also known as short fibers.
As per claim 14, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. disclose the carbon or PBO fibers are made of aliphatic or aromatic polyamide (para [0052]).
As per claim 15, Kageyama et al., Nakashima et al., and Ozaki et al. as set forth above, Kageyama et al. as modified, disclose the claimed belt structure of claim 1 above, therefore that belt structure would exhibit the same functional belt stiffness above 7000 N/mm when measured with a load of 500 N, applying a dynamic load of + 100 N with a Frequency of 10 Hz in a servohydraulic testing system.
Response to Arguments
Applicant's arguments filed January 7, 2026 have been fully considered but they are not persuasive. Applicants argue beginning on page 6 of the Remarks that regarding the rejection of claim 1 there is no evidence of record that the knowledge generally available to one of skill in the art contained a teaching, suggestion, or motivation to modify Kageyama's belt based on the Office's allegation that "sharp intersections can increase the likelihood of hand injury during belt installation”. Examiner respectfully disagrees. U.S. Patent Publication 2016/0333963 by South et al. disclose a rubber based endless power transmission belt for a CVT similar to Kageyama’s belt. The durometer shore A hardness being 90+ (table 3). Although belt hardness is not claimed in the instant application examiner interprets the belt of claim 1 to have a similar hardness. This durometer hardness is considered a high hardness material that does not deform easily under pressure. Examiner maintains a rubber belt of this hardness with a sharp corner can easily cut, lacerate or scrape human skin. It is therefore common sense and known to one of ordinary skill in the art to improve safety by adding a radius or bevel to mitigate sharp corners.
Next, Applicants argue on page 8 that the claimed invention includes recitation of specific materials for the composition of the nitrile group-containing copolymer rubber and a claimed geometry of the belt, which among other features, collectively contribute to the performance of the CVT belt. Likewise, Kageyama discloses a CVT belt. The secondary reference to Ozaki discloses a poly-V belt, not a CVT belt. Poly-V belts have a different geometry. Further, one of ordinary skill in the art would not be motivated by the teachings of a poly V-belt to modify a CVT belt for lack of a reasonable expectation of success. Again, examiner respectfully disagrees and notes the claimed CVT belt is a V-belt design as shown in fig. 2 with lateral sides (9, 10) forming a V shape with angle alpha. Ozaki, ‘047 discloses a raw edged cogged V-belt is generally used as a CVT driving belt (para [0002]). Further, that Ozaki’s examples of the power transmission belt of the present invention include raw edge cogged V-belts (para [0086]). Figure 5 also shows a V-belt with a top toothing and a bottom toothing, similar to that shown in Applicants’ fig. 1. Therefore, examiner maintains one of ordinary skill would be motivated to look to the teachings of Ozaki, ‘047 as an analogous belt.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK KENNETH BUSE whose telephone number is (571)270-3139. The examiner can normally be reached 8:00 am to 5:00 pm.
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/M.K.B/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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