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.
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 and 8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 1652006 A (Gamble).
Regarding claim 1 Gamble discloses a friction disc (see figures 1-4), comprising:
a support plate (5) including a first lateral surface and a second lateral surface (see figures 1 and 2 where the clutch plate has two opposite lateral face), 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 1 and 2);
a first friction material (see figures 1 and 2 where 10 designates two separate rings referring here to the first friction ring 10) attached to the first lateral surface of the support plate (5); and
a second friction material (see figures 1 and 2 where 10 designates two separate rings referring here to the second friction ring 10 arranged on the opposite side) attached to the second lateral surface of the support plate (5), wherein the support plate includes
a first engaging protrusion (11) protruding from the first lateral surface to the first side in the axial direction (see figures 1 and 2 where 11 designates multiple sets of rivets referring here to the first set of rivets 11 that fastens the first friction ring 10 to the projecting bows of alternate sectors 6),
a first recess (12) disposed to overlap with the first engaging protrusion (11) as seen in the axial direction (see figures 1 and 2), the first recess (12) recessed on the second lateral surface to the first side in the axial direction (see figures 1 and 2),
a second engaging protrusion (11) protruding from the second lateral surface to the second side in the axial direction (see figures 1 and 2, specifically referring here to the second set of rivets 1 that fasten the second friction ring 10 to the other alternate sectors 6 projecting to the second side), and
a second recess (12) disposed to overlap with the second engaging protrusion as seen in the axial direction (see figures 1 and 2), the second recess (12) recessed on the first lateral surface to the second side in the axial direction (see figures 1 and 2),
the first friction material (10) includes a first engaging recess (12) engaged with the first engaging protrusion (11) ( see figures 1 and 2 where the first engaging recess maps to the fastening openings 12 located in the first friction ring 10 that hold the rivets 11), and the second friction (10) material includes a second engaging recess (12) engaged with the second engaging protrusion (11) ( see figures 1 and 2 where the second engaging recess maps to the fastening openings 12 located in the second friction ring 10 that hold the second set of rivets).
Regarding claim 8 Gamble discloses the friction disc (5) according to claim 1, wherein the support plate (5) includes a plurality of said first engaging protrusions (first set of rivets, 11 see figure 1) and a plurality of said second engaging protrusions (second set of rivets, 11 see figure 1), and the plurality of first engaging protrusions and the plurality of second engaging protrusions are alternately disposed in a circumferential direction (see figures 1, 3 and 4).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 1652006 A (Gamble).
Regarding claim 2 Gamble discloses the friction disc according to claim 1 but fails to disclose wherein at least one of the first engaging protrusion and the second engaging protrusion has an elliptical shape as seen in the axial direction. Gamble instead discloses wherein at least one of the first engaging protrusion and 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 Gamble device. Further, a person having ordinary skill in the art, being faced with modifying the shape of the first and second engaging protrusions of Gamble, 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 [0059] and [0062]) 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 Gamble 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over US 1652006 A (Gamble) in view of US 6524681 B1 (Seitz et al.).
Regarding claim 9 Gamble discloses the friction disc according to claim 1, wherein the first friction material includes a first slide surface and a first attachment surface ( Figures 2-4 show the friction material 10 having an outer slide surface facing away from the friction disc 5 and inner attachment surface bearing on the main face wall of the friction disc 5), the first slide surface facing the first side in the axial direction (Figure 2-4 show the friction material 10 having an inner attachment surface facing the opposite second side in the friction disc 5), the first attachment surface facing the second side in the axial direction, the first attachment surface coming in contact with the support plate ( Figures 2-4 show the friction material 10 bearing on and contacting the main face wall of the friction disc 5) but fails to teach 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 Gamble 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, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 10948024 B1 (Uehara et al) in view of US 1652006 A (Gamble).
Regarding claims 1 and 10,
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, Gamble teaches a friction disc (see figures 1-4), comprising:
a support plate (5) including a first lateral surface and a second lateral surface (see figures 1 and 2 where the clutch plate has two opposite lateral face), 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 1 and 2);
a first friction material (see figures 1 and 2 where 10 designates two separate rings referring here to the first friction ring 10) attached to the first lateral surface of the support plate (5); and
a second friction material (see figures 1 and 2 where 10 designates two separate rings referring here to the second friction ring 10 arranged on the opposite side) attached to the second lateral surface of the support plate (5), wherein the support plate includes
a first engaging protrusion (11) protruding from the first lateral surface to the first side in the axial direction (see figures 1 and 2 where 11 designates multiple sets of rivets referring here to the first set of rivets 11 that fastens the first friction ring 10 to the projecting bows of alternate sectors 6),
a first recess (12) disposed to overlap with the first engaging protrusion (11) as seen in the axial direction (see figures 1 and 2), the first recess (12) recessed on the second lateral surface to the first side in the axial direction (see figures 1 and 2),
a second engaging protrusion (11) protruding from the second lateral surface to the second side in the axial direction (see figures 1 and 2, specifically referring here to the second set of rivets 1 that fasten the second friction ring 10 to the other alternate sectors 6 projecting to the second side), and
a second recess (12) disposed to overlap with the second engaging protrusion as seen in the axial direction (see figures 1 and 2), the second recess (12) recessed on the first lateral surface to the second side in the axial direction (see figures 1 and 2),
the first friction material (10) includes a first engaging recess (12) engaged with the first engaging protrusion (11) ( see figures 1 and 2 where the first engaging recess maps to the fastening openings 12 located in the first friction ring 10 that hold the rivets 11), and the second friction (10) material includes a second engaging recess (12) engaged with the second engaging protrusion (11) ( see figures 1 and 2 where the second engaging recess maps to the fastening openings 12 located in the second friction ring 10 that hold the second set of rivets).
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 to the first side in the axial direction, a first recess disposed to overlap with the first engaging protrusion as seen in the axial direction, the first recess recessed on the second lateral surface to the first side in the axial direction, a second engaging protrusion protruding from the second lateral surface to the second side in the axial direction, and a second recess disposed to overlap with the second engaging protrusion as seen in the axial direction, the second recess recessed on the first lateral surface to the second side 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 Gamble. Such modification would allow a single central metal plate to symmetrically and securely grasp two separate friction pads on opposite sides of the assembly providing a yielding but rapid progressive action to make the friction disc act quickly and efficiently without grabbing or jerking (page 1 left column lines 6-15).
Regarding claim 11, Uehara et al. in view of Gamble teaches the damper device according to claim 10, 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 Gamble figures 1-4 where the rivet 11 is the first engaging protrusion).
Allowable Subject Matter
Claim 3-7 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 3, Gamble 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 Gamble 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 Gamble 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 Gamble already explicitly utilizes rivets to physically fasten the friction rings 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 4-6, claims 4-6 are objected to for the same reasons set forth above for claim 3.
Regarding claim 7, Gamble discloses the friction disc according to claim 1 but fails to disclose wherein the first engaging recess includes a large diameter portion opened toward the support plate in the axial direction, the large diameter portion accommodating the first engaging protrusion, and a small diameter portion connected to the large diameter portion in the axial direction, the small diameter portion opened to an opposite side of the support plate, the small diameter portion being smaller in dimension than the large diameter portion as seen in the axial direction, the small diameter portion being smaller in dimension than the first engaging protrusion as seen in the axial direction. A modification to Gamble to include these features would not make sense because Gamble explicitly utilizes pre-formed solid rivets (11) passing through continuous clearance openings (12) to physically fasten the friction rings (10) to the plate and changing the diameter of clearance openings (12) to feature a narrow exit smaller than the protrusions would be physically incompatible with the rivets (11) and would cause the rivets to fall out. Therefore, it would not have been obvious to one having ordinary skill in the art to make these modifications.
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-7686142-B2, US-2826901-A, US-1479973-A, US-1571747-A, US-1858312-A, US-1992626-A, US-3811545-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.
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/A.H.A./Examiner, Art Unit 3678
/Josh Skroupa/Primary Examiner, Art Unit 3678
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