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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim Rejections - 35 USC § 103
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 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.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1,6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Runhui (WO2019233295A1 hereinafter “Runhui” Fig.5 in view of Fig.9 embodiment).
Re-claim 1, Runhui discloses a pendulum generator (200) comprising: a swinging frame (201); a pusher (210,210) configured to drive the swinging frame (201) to oscillate; a crossbar (242,252) mounted on the swinging frame (201), the crossbar (252,242) oscillating with the swinging frame (201) and being rotatable relative to the swinging frame (201) around a central axis (axis of 252,242) of the crossbar; a pendulum (230,231,220,221) fixedly connected to the crossbar (242,252), wherein when the swinging frame (201) oscillates (moves vibrates 201), the pendulum (230,231,220,221) is driven to oscillate by the crossbar (252,242); the pendulum (230,220,231,221) is able to continue oscillating under an action of inertia (inertia of the weight), and drives the crossbar (252,242) to rotate and the swinging frame to oscillate (242,252); a one-way bearing (240,250,241,251) mounted on the crossbar (252,242), wherein the one-way bearing rotates in a single direction (one way bearing) when the pendulum (230,231,220,221) drives the crossbar to rotate (251,241 rotate); the one-way bearing (240,250,241,251) comprises a bearing body (241,251) and a gear (244,254) positioned on an exterior of the bearing body (241,251); a power generation device (262,251,260) comprising a main body (261) and a flywheel (260), the flywheel (260) being connected to the main body (261, to 262), and wherein a rotation of the flywheel (260) drives the main body (generator 262) to generate electricity (generate electricity).
Ruhnui fig.5 fails to explicitly teach a chain connecting the gear and the flywheel to transmit rotational motion from the one-way bearing to the flywheel.
However, Ruhnui Fig.9 teaches a chain (535) connecting the gear (533) and the flywheel (536,580) to transmit rotational motion from the one-way bearing (534) to the flywheel (580).
Therefore, it would have been obvious to on with ordinary skill in the art before the effective filling date of the invention to modify the device of Ruhnui Fig.5 wherein a chain connecting the gear and the flywheel to transmit rotational motion from the one-way bearing to the flywheel as shown by Ruhnuifig.9
as being various modification of the design to further improve the device using pendulum motion (Ruhnui, P[0086-0089]).
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Re-claim 6, Runhui as modified discloses wherein the pusher is designed to be powered manually (see fig.4, or 5, pusher is moved due to vibration).
Re-claim 7, Runhui as modified discloses the generator of claim 1, wherein the number of the one-way bearing is two (250,240,251,241), both of the one-way bearings are mounted on the crossbar (241,251); rotating directions of the one-way bearings are reverse (both work opposite, since they are on opposite ends); a number of the power generation devices is two (provide power using shafts, 242,2452), each corresponding to one of the one-way bearings.
Claim 5,6 are rejected under 35 U.S.C. 103 as being unpatentable over Runhui (WO2019233295A1 hereinafter “Runhui” Fig.5 in view of Fig.9 embodiment) in view of QINGLIANG (CN109178261B “QINGLIANG”).
Re-claim 5, Runhui as modified discloses the pendulum generator of claim 1.
Runhui fails to explicitly teach wherein the pusher is designed to be powered electrically.
However, teach wherein QINGLIANG the pusher is designed to be powered electrically (Qingliang, P[n0017]).
Therefore, it would have been obvious to on with ordinary skill in the art before the effective filling date of the invention to modify the device of Ruhnui Fig.5 wherein the pusher is designed to be powered electrically as shown by Ruhnuifig.9
as being various modification of the design to further improve the device providing more power and energy to the device to operate (Oingliang, P[n0017]).
6. The pendulum generator of claim 1, wherein the pusher is designed to be powered manually.
Re-claim 6, Runhui as modified discloses the pendulum generator of claim 1.
Runhui fails to explicitly teach wherein the pusher is designed to be powered manually.
However, teach wherein QINGLIANG the pusher is designed to be powered manually (Qingliang, P[n0017]).
Therefore, it would have been obvious to on with ordinary skill in the art before the effective filling date of the invention to modify the device of Ruhnui Fig.5 wherein the pusher is designed to be powered electrically as shown by Ruhnuifig.9
as being various modification of the design to further improve the device providing more power and energy to the device to operate (Oingliang, P[n0017]).
Claim 8 are rejected under 35 U.S.C. 103 as being unpatentable over Runhui (WO2019233295A1 hereinafter “Runhui” Fig.5 in view of Fig.9 embodiment) in view of Li (CN101958637a “Li”).
Re-claim 8, Runhui as modified discloses the pendulum generator of claim 1 above.
Runhui fails to explicitly teach wherein the power generation device further comprises an accumulator; the accumulator is connected with the main body to store electricity.
However, Li teaches wherein the power generation device further comprises an accumulator (10); the accumulator is connected with the main body to store electricity (9).
Therefore, it would have been obvious to on with ordinary skill in the art before the effective filling date of the invention to modify the device of Ruhnui Fig.5 wherein wherein the power generation device further comprises an accumulator; the accumulator is connected with the main body to store electricity as suggested by Li
as being various modification of the design to further improve the device providing more power and energy to the device to operate (Li, P[007]).
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Allowable Subject Matter
Claim 2-4 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.
The following is a statement of reasons for the indication of allowable subject matter:
“1. A pendulum generator comprising: a swinging frame; a pusher configured to drive the swinging frame to oscillate; a crossbar mounted on the swinging frame, the crossbar oscillating with the swinging frame and being rotatable relative to the swinging frame around a central axis of the crossbar; a pendulum fixedly connected to the crossbar, wherein when the swinging frame oscillates, the pendulum is driven to oscillate by the crossbar; the pendulum is able to continue oscillating under an action of inertia, and drives the crossbar to rotate and the swinging frame to oscillate; a one-way bearing mounted on the crossbar, wherein the one-way bearing rotates in a single direction when the pendulum drives the crossbar to rotate; the one-way bearing comprises a bearing body and a gear positioned on an exterior of the bearing body; a power generation device comprising a main body and a flywheel, the flywheel being connected to the main body, and wherein a rotation of the flywheel drives the main body to generate electricity; and a chain connecting the gear and the flywheel to transmit rotational motion from the one-way bearing to the flywheel.2. The pendulum generator of claim 1, wherein the pendulum comprises an arm connected to the crossbar and a bob connected to the arm; the pendulum generator further comprises a roller bracket; the roller bracket is located at a bottom of the bob to support the bob, and the roller bracket is in sliding contact with the bob.”
The combination of claim 2 with claim 1 limitations are unique and are found allowable, none of the prior art of record, ai search, ip search teach or suggest the combined claims of 1 and 2.
Claims 3-4 are rejected based on dependency from rejected claim 2.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGED M ALMAWRI whose telephone number is (313)446-6565. The examiner can normally be reached on Monday - Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M. Koehler can be reached on 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAGED M ALMAWRI/ Primary Patent Examiner, Art Unit 2834