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 . 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because the claimed subject matter (claim 4) is not shown. The drawings must show every feature of the invention specified in the claims. Therefore, the claimed limitation (the second engaging protrusion includes only the second body extending in the axial direction) 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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim 4 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 4 recites the limitation "the second body" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. “A second body” was not recited or introduced in claims 4, 2 or 1, it is not clear what “the second body” is referring to. The examiner has interpreted “the second body” as the second engaging protrusion as a whole.
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.
Claims 1-4, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6659254 B2 ( Kraus et al.).
Regarding claim 1, Kraus et al. discloses a friction disc (101), comprising:
a support plate (104) including a first lateral surface and a second lateral surface (see figures 5,6 and 7 where the support plate has two opposite lateral faces), the first lateral surface facing a first side in an axial direction, the second lateral surface facing a second side in the axial direction (see figures 5,6 and 7);
a first friction material (106a) attached to the first lateral surface of the support plate (104) (see figures 5,6 and 7); and
a second friction (106b) material attached to the second lateral surface of the support plate (104) (see figures 5,6 and 7),
wherein the support plate (104) includes
a first engaging protrusion (107) protruding from the first lateral surface toward the first side in the axial direction (see figures 5,6 and 7),
a first through-hole (see column 8 lines 30-33 and figures 6 and 7 where 107 is hollow) extending inside the first engaging protrusion (107) in the axial direction,
a second engaging protrusion (107) protruding from the second lateral surface toward the second side in the axial direction (see figures 5,6 and 7), and
a second through-hole (see column 8 lines 30-33 and figures 6 and 7 where the second rivet 107 is hollow) extending inside the second engaging protrusion in the axial direction (see figures 5,6 and 7),
the first friction material (106a) includes a first engaging recess (123a) engaged with the first engaging protrusion (107), and
the second friction material (106b) includes a second engaging recess (127) engaged with the second engaging protrusion (107) (see figures 6 and 7).
Regarding claim 2, Kraus et al. discloses the friction disc according to claim 1, wherein the first engaging protrusion (107) includes a first body (tubular shank of 107) and a first hold-down portion (see annotated figure 6 below), with the first body extending in the axial direction (see annotated figure 6 below) and the first hold-down portion extending from an outer peripheral surface of a distal end of the first body to hold down the first friction material (see annotated figure 6 below).
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Regarding claim 3, Kraus et al. discloses the friction disc according to claim 2, wherein the second engaging protrusion (107) includes a second body and a second hold-down portion (see annotated figure 7 above), with the second body extending in the axial direction and the second hold-down portion extending from an outer peripheral surface of a distal end of the second body to hold down the second friction material (see annotated figure 7 above).
Regarding claim 4, Kraus et al. discloses the friction disc according to claim 2, wherein the second engaging protrusion includes only the second body (NOTE: see 112(b) rejection above) extending in the axial direction (see figures 6 and 7 where the rivet 107 itself acts as the whole body extending axially).
Regarding claim 10, Kraus et al. disclose the friction disc according to claim 1, wherein the first engaging recess (123a) includes a small diameter portion opened toward the support plate in the axial direction ( see figure 6), the small diameter portion accommodating the first engaging protrusion (see figure 6), and a large diameter portion communicated with the small diameter portion in the axial direction (see figure 6 where it shows the difference in size of the diameters), the large diameter portion opened to an opposite side of the support plate ( see figure 6), the large diameter portion larger in dimension than the small diameter portion as seen in the axial direction ( see figures 6 and 7).
Regarding claim 11, Kraus et al. discloses the friction disc according to claim 1,
wherein the support plate (104) includes a plurality of said first engaging protrusions (107) and a plurality of said second engaging protrusions (107), and
the plurality of first engaging protrusions (107) and the plurality of second engaging protrusions (107) are alternately disposed in a circumferential direction (see column 7 lines 30-34 and figure 1 where 7 functions the same as 107).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 6659254 B2 ( Kraus et al.).
Kraus et al. discloses the friction disc according to claim 1, but fails to disclose wherein the first engaging protrusion and/or the second engaging protrusion has an elliptical shape as seen in the axial direction. Kraus et al. instead discloses wherein the first engaging protrusion and/or the second engaging protrusion has a circular shape as seen in the axial direction (see figure 1).
Applicant is reminded that it has been held that where the general conditions of a claim are disclosed the prior art, changing the shape of a prior art device involves only routine skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). There is no evidence of record that establishes that changing the shape of the first and second engaging protrusions would result in a difference in function of the Kraus et al. device. Further, a person having ordinary skill in the art, being faced with modifying the shape of the first and second engaging protrusions of Kraus et al., would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed shape. Lastly, applicant has not disclosed that the claimed shape solves any stated problem, indicating that each of the first and second engaging protrusions “has a circular shape” or “can be made in the shape of an ellipse” (see paragraphs [0060] and [0064]) and therefore there appears to be no criticality placed on the shape as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second engaging protrusions of Kraus et al. to have an elliptical shape as seen in the axial direction as an obvious matter of design choice within the skill of the art.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 6659254 B2 (Kraus et al.) in view of US 6524681 B1 (Seitz et al.).
Kraus et al. discloses the friction disc according to claim 1, wherein the first friction material includes a first slide surface and a first attachment surface ( see figures 6-7 where friction lining 106a has outer and inner surfaces), the first slide surface facing the first side in the axial direction (see figures 6-7 where the outer surface faces axially outward), the first attachment surface facing the second side in the axial direction, the first attachment surface coming in contact with the support plate (see figures 6-7 where the inner surface contacts the carrier sections 108a/108b).
Kraus et al. fails to disclose the first attachment surface is larger in surface roughness than the first slide surface.
However, Seitz et al. teaches a clutch plate (16) that has a friction material where the inward-facing member attachment surface (see column 6 lines 14-19) is mechanically roughened making the attachment surface larger in surface roughness than the slide surface (see column 20 lines 11-14).
It would therefore have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the friction disc of Kraus et al. with the first attachment surface is larger in surface roughness than the first slide surface as taught by Seitz et al. Such modification would provide the benefit of improving the grip of the friction material to the friction disc and would prevent the friction material from slipping against the plate under heavy torsional loads (column 20 lines 11-40).
Claims 1, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 10948024 B1 (Uehara et al) in view of US 6659254 B2 (Kraus et al.).
Regarding claims 1 and 13, Uehara et al. discloses a damper device ( see figures 1-4 element 1), comprising: a damper unit (20) including an input rotor ( 21 and 22), an output rotor (23), an elastic member (24), and a friction disc (13) the elastic member (24) being configured to elastically couple the input rotor and the output rotor ( see column 6 lines 15-21), the friction disc (13) being attached to either the input rotor (21) or the output rotor (23) ( see figure 1 and column 5 lines 59-61);
and a torque limiter unit (10) configured to be engaged by friction with the friction disc (13), the torque limiter unit sandwiching the friction disc (13) therein in the axial direction (see column 4 lines 29-25).
Uehara et al. does not explicitly disclose the friction disc comprising all the limitations of claim 1.
However, Kraus et al. teaches a friction disc (101) comprising:
a support plate (104) including a first lateral surface and a second lateral surface (see figures 5,6 and 7 where the support plate has two opposite lateral faces), the first lateral surface facing a first side in an axial direction, the second lateral surface facing a second side in the axial direction (see figures 5,6 and 7);
a first friction material (106a) attached to the first lateral surface of the support plate (104) (see figures 5,6 and 7); and
a second friction (106b) material attached to the second lateral surface of the support plate (104) (see figures 5,6 and 7),
wherein the support plate (104) includes
a first engaging protrusion (107) protruding from the first lateral surface toward the first side in the axial direction (see figures 5,6 and 7),
a first through-hole (see column 8 lines 30-33 and figures 6 and 7 where 107 is hollow) extending inside the first engaging protrusion (107) in the axial direction,
a second engaging protrusion (107) protruding from the second lateral surface toward the second side in the axial direction (see figures 5,6 and 7), and
a second through-hole (see column 8 lines 30-33 and figures 6 and 7 where the second rivet 107 is hollow) extending inside the second engaging protrusion in the axial direction (see figures 5,6 and 7), the first friction material (106a) includes a first engaging recess (123a) engaged with the first engaging protrusion (107), and the second friction material (106b) includes a second engaging recess (127) engaged with the second engaging protrusion (107) (see figures 6 and 7).
It would therefore have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the friction disc of Uehara et al. to include a friction disc, comprising: a support plate including a first lateral surface and a second lateral surface, the first lateral surface facing a first side in an axial direction, the second lateral surface facing a second side in the axial direction; a first friction material attached to the first lateral surface of the support plate; and a second friction material attached to the second lateral surface of the support plate, wherein the support plate includes a first engaging protrusion protruding from the first lateral surface toward the first side in the axial direction, a first through-hole extending inside the first engaging protrusion in the axial direction, a second engaging protrusion protruding from the second lateral surface toward the second side in the axial direction, and a second through-hole extending inside the second engaging protrusion in the axial direction, the first friction material includes a first engaging recess engaged with the first engaging protrusion, and the second friction material includes a second engaging recess engaged with the second engaging protrusion as taught by Kraus et al. Such modification would provide the benefits of restricting unwanted circumferential shifting between the coupled components, reducing the amount of wear on the fastener shanks compared to a design that allows multidirectional movement and providing the radial clearance that allows the friction linings to freely expand and contract to safely absorb thermal expansion differences between the connected parts (see column 8 lines 48-55 and column 9 lines 16-25).
Regarding claim 14, Uehara et al. in view of Kraus et al. teaches the damper device according to claim 13, wherein Uehara et al. further teaches the torque limiter unit (10) includes a pressure plate (12) and an urging member (14), the urging member (14) urging the pressure plate (12) toward the friction disc (13) ( see column 5 lines 43-46 where the cone spring 14 presses the disc 13 through the pressure ring 12), the urging member (14) includes a contact portion ( inner radial tip of the cone spring14) coming in contact with the pressure plate (12) (see figure 4), and the contact portion overlaps with the first engaging protrusion as seen in the axial direction ( Uehara et al. figures 3 and 4 where the inner radial end of the cone spring 14 radially overlaps the rivet 18 and Kraus et al. figures 5-7 where the rivet 107 is the first engaging protrusion).
Allowable Subject Matter
Claim 6-9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 6, Kraus et al. discloses the device of claim 1 but fails to disclose wherein the support plate includes a slit extending inward in a radial direction from an outer peripheral surface of the support plate and an anchor protruding from an edge of the slit to either the first side or the second side in the axial direction, the anchor biting into either the first friction material or the second friction material. The prior art fails to fairly show or suggest a modification to Kraus et al. such that the support plate includes a slit extending inward in a radial direction from an outer peripheral surface of the support plate and an anchor protruding from an edge of the slit to either the first side or the second side in the axial direction and the anchor biting into either the first friction material or second friction material. US 4537299 A (Fukatani) teaches a driven plate (6) having portions (25) that are partially cut and erected to enter into and bite in the facings (7) to functions as anchors as set forth above, but fails to teach how one of ordinary skill would modify the device because adding anchors to the rivets set forth in Kraus et al. would not make sense. Specifically, US 4537299 A (Fukatani) teaches that its integral anchors (25) are used so that conventional rivets are unnecessary, allowing the riveting process to be completely eliminated to simplify manufacturing and reduce costs. Because Kraus et al. already explicitly utilizes rivets to physically fasten the friction linings to the plate, one of ordinary skill in the art would have no motivation to combine these teachings as adding a rivet less anchoring system to an already riveted plate would be entirely redundant and would directly defeat the purpose of US 4537299 A (Fukatani).
Regarding claims 7-9, claims 7-9 are objected to for the same reasons set forth above for claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the field of friction discs. US-10233979-B2, US-4537299-A, US-1479973-A, US-4580673-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALMUTASIM HEZAM AIYASH whose telephone number is (571)272-6104. The examiner can normally be reached Monday-Friday 7:30AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/A.H.A./Examiner, Art Unit 3678
/Josh Skroupa/Primary Examiner, Art Unit 3678
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