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 § 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, 4-6, 8, 9, 13, 14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hertel et al (US 20170219048).
Hertel et al disclose a centrifugal pendulum absorber for a flywheel comprising: a plurality of pendulum weights (7) being arranged circumferentially around a center axis of the centrifugal pendulum absorber (see Fig 2), each pendulum weight (7) being configured to be movable along a predetermined pendulum path (22) during use, wherein the centrifugal pendulum absorber further includes at least one stopping element (38) for at least one of the pendulum weights (7) which is positioned such that it defines an end point of the predetermined pendulum path (22), at which end point the at least one of the pendulum weights (7) is configured to come into contact with the at least one stopping element (38), wherein the at least one stopping element (38) is located radially inwardly with respect to the at least one of the pendulum weights (7) which the at least one stopping element (38) is configured to contact (see Fig 3).
Re claim 4, the at least one stopping element (38) is a separate element (see Fig 3).
Re claim 5, the at least one stopping element (38) is provided between two circumferentially abutting pendulum weights (7) and positioned such that it defines respective end points of the predetermined pendulum paths (22) of the two circumferentially abutting pendulum weights (7), at which end points the two abutting pendulum weights (7) are configured to come into contact with the at least one stopping element (38).
Re claim 6, the at least one stopping element (38) is made in one single piece (see Fig 3).
Re claim 8, flywheel arrangement for an internal combustion engine, comprising: a flywheel configured to be connected to a crankshaft of an engine for common rotation around a center axis; and the centrifugal pendulum absorber according to claim 1 (see T 45).
Re claim 9, the at least one stopping element (38) is configured to be releasably attached to the flywheel (see Fig 3).
Re claim 13, the at least one stopping element (38) is provided in a receiving section (3) of the flywheel which circumferentially locates the at least one stopping element (38) with respect to the flywheel (see Fig 3).
Re claim 14, the receiving section (3) is a recess provided on the flywheel (see Fig 3).
Re claim 16, vehicle comprising the centrifugal pendulum absorber according to claim 1 (see I 45).
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) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hertel et al (US 20170219048).
Hertel et al discloses the device as described above, but does not disclose at least a portion of the at least one stopping element which is intended to contact the at least one pendulum weight comprises a copper alloy. It would have been obvious to one having ordinary skill in the art before the effective filing date because the selection of a known material based on its suitability for its intended use is obvious at least a portion of the at least one stopping element which is intended to contact the at least one pendulum weight comprises a copper alloy and at least 70 volume % of the at least one stopping element is made of the copper alloy (see MPEP 2144.07.
Allowable Subject Matter
Claims 7, 10, 11, 12, and 15 are 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.
Response to Arguments
Some further comments regarding the applicant’s remarks are deemed appropriate.
It is argued, “Hertel's stops 31, formed by holders 34 and stop profiles 40 of the annular component part 32, are only active when the centrifugal force drops below the weight force.” There is no time specified in the sequence of events. The “end point of the predetermined pendulum path”, is not defined in the claim
The applicant argues “Hertel does not disclose or teach a stopping element that limits or defines the operational circumferential movement of a pendulum weight during damping.” Th limitation is not in the claim.
The Hertel reference meets the limitations of the claims. The applicant’s remarks have been accorded due consideration; however, they are not deemed fully persuasive.
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 VICKY A JOHNSON whose telephone number is (571)272-7106. The examiner can normally be reached Monday - Friday.
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/VICKY A JOHNSON/Primary Examiner, Art Unit 3617