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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites in the 14th line of the claim “as compared with first inertia by a first mass obtained by combining the driven gear and the shaft at least necessary for rotating the shaft of the load device, inertia of the driven gear and the shaft is set as second inertia larger than the first inertia, the second inertia is made larger to approach inertia of the power gear, the idle gear includes a plurality of openings, and third inertia due to rotation of the idle gear is decreased as compared with fourth inertia in a case where the plurality of openings is not provided.”. The specification recites this language but does not recite how a first mass obtained by combining the driven gear and the shaft has an inertia that is less than a second inertia that is comprised of the same masses of the driven gear and the shaft. It is further unclear how the plurality of openings in the idle gear are provided and then not provided to reduce the inertia of the idle gear. The specification does not recite any language that describes the idle gear being able to switch from having openings and not having openings. Claims 2-7 depend on claim 1 and are therefore rejected. For the purposes of examination, it will be understood as “a first mass obtained by combining the driven gear and the shaft having a first inertia, and the idle gear includes a plurality of openings”.
Claim 2 recites in the 4th line “the second inertia is twice or more the first inertia”. The specification does not recite how a mass can have two different inertias. For the purpose of examination, it will be understood as “a second inertia that is the same as the first inertia.”
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 1-7 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 in the 14th line of the claim “as compared with first inertia by a first mass obtained by combining the driven gear and the shaft at least necessary for rotating the shaft of the load device, inertia of the driven gear and the shaft is set as second inertia larger than the first inertia, the second inertia is made larger to approach inertia of the power gear, the idle gear includes a plurality of openings, and third inertia due to rotation of the idle gear is decreased as compared with fourth inertia in a case where the plurality of openings is not provided.”. The claim recites multiple instances of inertia, wherein a first inertia of a first mass defined by a driven gear and a shaft, a second inertia larger than the first inertia while having the same masses, a third inertia that is not related to a claimed mass but exists due to an idle gear rotating which is recited in the 22nd line, “third inertia due to rotation of the idle gear”, and a fourth inertia that is not related to any claimed mass but exists when openings to an idle gear are not provided which is recited in the 23rd line “fourth inertia in a case where the plurality of openings is not provided”. It is unclear how these inertias are calculated. Each instance of “inertia” lacks antecedent basis and the first instance of each respective inertia will be understood as “a first inertia”, “a second inertia”, “a third inertia”, and “a fourth inertia”. Claims 2-7 depend on claim 1 and are therefore rejected. For the purposes of examination, it will be understood as “a first mass obtained by combining the driven gear and the shaft having a first inertia, and the idle gear includes a plurality of openings”.
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.
The factual inquiries 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.
Claims 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Genter et al (US 5,882,181 hereinafter “Genter”) in view of Jang et al (US 10,960,866 hereinafter “Jang”).
In regards to claim 1:
Genter teaches a load device assembly for use with an internal combustion engine (12), the load device assembly comprising: an idle gear (22) that is configured to rotate in conjunction with rotation of a power gear (24) of the internal combustion engine (12); a driven gear (16) that is configured to rotate by receiving a rotational force of the power gear (24) via the idle gear (22), the idle gear being disposed between the driven gear and the power gear (Shown in Figure 1); and a load device (14) that is configured to rotate integrally with the driven gear (16) and that includes a shaft (30) to serve as a load of the power gear (24), wherein a first mass obtained by combining the mass of the driven gear and the mass of the shaft has a first inertia, wherein all mass has an inertia value, and Figure 1 of Genter does appear to show openings in the idle gear..
Genter is silent to the idle gear having a plurality of openings.
Jang teaches an idle gear (51) having a plurality of openings (Shown in Figure 3).
It would have been obvious to one of ordinary skill in the art at the time of filing of the application to have the idle gear of Genter to have a plurality of openings as taught by Jang in order to reduce the mass of the idle gear.
In regards to claim 2:
Genter teaches the shaft is a crankshaft, and has a second inertia that is equal to the first inertia.
In regards to claim 3:
Genter the load device is an air compressor that is configured to discharge compressed air by rotation of the crankshaft.
In regards to claim 4:
Genter as modified teaches the plurality of openings is formed symmetrically with respect to an imaginary line extending in a radial direction from a central axis of the idle gear at equal intervals in a circumferential direction, and distances between a center of the idle gear and the plurality of openings are the same (Shown in Figure 3 of Jang).
In regards to claim 6:
Genter teaches an internal combustion engine assembly (12) comprising: the load device assembly according to claim 1; the power gear; and an internal combustion engine that applies power to the power gear (Figure 2 shows the power gear attached to the crankshaft, wherein the engine powers rotation of the crankshaft).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Genter and Jang as applied to claim 1 above and further in view of Sano et al (US 2014/0311464).
In regards to claim 5:
Genter teaches in a case where the plurality of openings is circles having the same diameter, a distance between the plurality of openings and an inner peripheral edge of the idle gear is longer than a distance between the plurality of openings and an outer peripheral edge of the idle gear, wherein the claim recites a hypothetical that would be true when the limitations of the hypothetical are applied.
Genter further circular holes in which appear to have the same diameter (idle gear 22 behind a removable cap shown in Figure 1 of Genter) wherein the hole is closer to an outer peripheral edge than a center of the gear. Sano teaches circular holes in a gear (Shown in Figure 3 of Sano) that extend about the entirety of the gear. It would have been obvious to one of ordinary skill in the art at the time of filing of the application been obvious to one of ordinary skill in the art to have the openings extend about the entirety of the gear as taught by Sano in order to have the mass of the gear balanced and to reduce the mass of the gear.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Genter and Jang as applied to claim 1 above and further in view of Jung et al (US 2020/0149619 hereinafter “Jung”).
In regards to claim 7:
Genter does not teach a vehicle comprising: the internal combustion engine assembly according to claim 6.
Jung teaches a vehicle (Paragraph [0003]).
It would have been obvious to one of ordinary skill in the art at the time of filing of the application to have the engine of Genter in a vehicle as taught by Jung in order to use the power generated by the engine to be used for traveling. Vehicles are known in the art to allow faster travel and to carry loads over extended distances such as a commercial vehicle or large truck (both are recited having an engine in Paragraph [0003] of Jung).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JAY KIM whose telephone number is (571)270-7610. The examiner can normally be reached M-F 9-5 EST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES J KIM/Examiner, Art Unit 3747
/HUNG Q NGUYEN/Primary Examiner, Art Unit 3747