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 .
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 1-10 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 “movement means…adapted to move each of said at least first and second masses along said direction of movement to vary a moment of inertia of said rotor body in order to vary an angular speed of said rotating shaft.” This feature does not recite structure that performs the function of moving the masses or of varying inertia and is therefore interpreted under 112(f). As such, the movement means is interpreted as encompassing the structure disclosed in the specification for performing the moving and varying functions. In this case, the specification describes the movement means as reference 5 which generally points to a region of multiple elements and is not limited to any particular structure according to the drawings. The detailed description discloses that the movement means includes a first transmission system 23, a second transmission system 24, and an actuator 25 connected to the transmission systems, where each transmission system includes a tie rod 26. The actuator is disclosed as a piston that exerts a force on the tie rod along an actuation direction, which is parallel to X2. The specification does not describe and the drawings do not illustrate how the piston causes radial movement of the masses. As such, it is unclear what structurally is to be considered the movement means that covers only the disclosed structure and its equivalents.
Claim 3 recites “wherein said movement means are configured to move said at least first and second masses between a closed configuration, wherein both of said at least first and second masses are in an approached limit position, and an open configuration, wherein both of said at least first and second masses are in a receding limit position.” However, unlike in claim 2, the approached limit position and receding limit position are not defined in claim 3. Furthermore, it is unclear what open and closed configurations mean structurally.
Claim 10 lacks proper antecedent basis for “said approached limit position” and “said receding limit position.”
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schumacher (US 4,995,282).
Claim 1
Schumacher discloses an actuating device which can be coupled to a rotating shaft (2) for the reduction of energy consumption, said actuating device comprising:
a rotor body (1) adapted to rotate around an axis of rotation (3), said rotor body (1) being configured to be locked together with a rotating shaft (2);
at least a first mass (top mass 6) and a second mass (bottom mass 6), each constrained to said rotor body (1) to move along a direction of movement (radial) transverse to said axis of rotation (3); and
movement means (actuator 18, axially movable member 10, springs 15, 12) operatively connected to each of said at least first and second masses (6) and adapted to move each of said at least first and second masses (6) along said direction of movement to vary a moment of inertia of said rotor body (1) in order to vary an angular speed of said rotating shaft (see e.g., Abstract).
Claim 2
Schumacher discloses wherein each of said at least first and second masses (6) are movable between an approached limit position (inward-most position of 6, radially inward near 2, occurs when 10 is moved to the left in FIG. 1) wherein said each of said at least first and second masses (6) is arranged in a proximity of said axis of rotation and a receding limit position (outer-most position of 6, radially outward near outer surface of 1, occurs when 10 is moved to the right in FIG. 1) wherein said each of said at least first and second masses (6) moved away from said axis of rotation.
Claim 3
As best understood, Schumacher discloses wherein said movement means are configured to move said at least first and second masses (6) between a closed configuration (inward-most position of 6, radially inward near 2, occurs when 10 is moved to the left in FIG. 1), wherein both of said at least first and second masses are in an approached limit position, and an open configuration outer-most position of 6, radially outward near outer surface of 1, occurs when 10 is moved to the right in FIG. 1), wherein both of said at least first and second masses are in a receding limit position.
Claim 4
Schumacher discloses a control unit (see FIG. 4) operatively connected to said movement means to control the operation thereof, said control unit being configured to operate in:
a deceleration condition wherein said control unit controls said movement means (18 moving 10 moving 12) to move said at least first and second masses (6) from said closing configuration (inward) to said opening configuration (outward) (when masses of a rotating body move outward, the speed will necessarily decelerate), and
an acceleration condition wherein said control unit controls said movement means (18 moving 10 moving 12) to move said at least first and second masses (6) from said opening configuration (outward) to said closing configuration (inward) (when masses of a rotating body move inward, the speed will necessarily accelerate).
Claim 5
Schumacher discloses wherein said rotor body (1) comprises at least one internal cavity defining a first housing (upper half of the housing 1 in FIG. 1, this interpretation of the housing as half of the overall housing is consistent with Applicant’s use of the terms first and second housing) adapted to house said first mass (top 6 in FIG. 1) and a second housing (lower half of the housing 1 in FIG. 1) adapted to house said second mass (bottom 6 in FIG. 1).
Claim 6
Schumacher discloses wherein said movement means comprise:
a first transmission system (top 12 and 15 in FIG. 1) operatively connected to said first mass (top 6 in FIG. 1) to move said first mass along said respective direction of movement,
a second transmission system (bottom 12 and 15 in FIG. 1) operatively connected to said second mass (bottom 6 in FIG. 1) to move said second mass along said respective direction of movement, and
an actuator (18 and/or 10) operatively connected to said transmission systems (both 12 and 15) to operate said first and second masses (6) simultaneously.
Claim 7
Schumacher discloses each of said transmission systems comprise:
at least one tie rod (12) positioned between said actuator and said respective mass (6), and
a spring return element (15) positioned between said rotor body (1) and said respective mass (6), wherein:
said actuator (18 and/or 10) is configured to exert a force on said tie rod (12) in order to move said respective mass (6) along said direction of movement in a first direction (radially outward), and
said spring return element (15) is configured to elastically oppose the movement of said respective mass (6)along said first direction in order to exert a spring return force capable of moving said respective mass along a second direction (radially inward) opposite the first direction.
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, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chuptys (US 2018/0128347) in view of Schumacher.
Claims 1 and 9
Chuptys discloses a motor transport vehicle (see paragraph [0030] disclosing vehicle braking), comprising:
at least one rotating shaft (11) supporting at least one wheel (28).
Chuptys discloses an inertia changing flywheel device but does not clearly disclose the actuating device according to claim 1. However, Schumacher discloses the actuating device according to claim 1 associated with its rotating shaft (see rejection of claim 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Chuptys so that the structure of the inertia changing device was that taught by Schumacher in order to provide an inertia changing flywheel that more quickly decreases its inertia, i.e., more quickly accelerates when the masses move inward.
Claim 10
Chuptys discloses a method of using an inertia changing device but does not disclose the same actuating device according to claim 1. However, Schumacher discloses the actuating device according to claim 1 (see rejection of claim 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Chuptys so that the inertia changing device was that taught by Schumacher in order to provide an inertia changing flywheel that more quickly decreases its inertia, i.e., more quickly accelerates when the masses move inward.
As so modified, Chuptys would disclose the phases of:
having said actuating device (per the rejection of claim 1 and proposed modification above),
applying said actuating device to a rotating shaft (in Chuptys, the shaft is 11 and in Schumacher the equivalent shaft is 2) of a motor transport vehicle (see Chuptys, paragraph [0030]).
With regard to the deceleration and acceleration recitations, Chuptys discloses moving the masses (24) in a reciprocating manner to capture energy during both deceleration and acceleration and allows for conversion of inertia into speed or speed into inertia by the reciprocating movement (see paragraphs [0004], [0005], [0009]). Chuptys discloses that the device recovers energy for example during vehicle braking and transforms it into power to use during acceleration [0030]). Chuptys also describes that the switching of direction of the actuator which switches the vertical movement and the movement of the masses 24, this causes conversion of inertia to speed or speed to inertia triggered by the change in diameter of the weights 24 (see paragraph [0039]). Thus, Chuptys discloses during a deceleration phase (when speed is converted to inertia) of said motor transport vehicle, moving said masses from said approached limit position towards said receding limit position, during an acceleration phase (when inertia is converted into speed) of said motor transport vehicle, moving said masses from said receding limit position to said approached limit position.
Allowable Subject Matter
Claim 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With reference to claim 8, the prior art does not disclose or render obvious the combination of the two transmission systems actuated simultaneously, each having a tie rod, spring return, magnetic element, and electromagnet as these are recited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0389915 discloses two masses that are movable by an axially movable actuator. US 2020/0386295 discloses a vehicle with a flywheel which changes inertia.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655