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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a frictional surface, a surface on the center arm and a frictional surface engagement of claims 4 and 13, a fixing member of claims 9, 10, 18 and 19 and a motor generator of claims 10 and 19 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.
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.
Claims 1-19 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, line 6, recites “a dynamic pivot around which the tensioner dynamically rotates”. It is unclear what is meant by and how a pivot is dynamic. Dynamic is defined as changing, active, in motion. Pivot is defined as a thing on which something turns. How is the claim further limited using the word dynamic over “a pivot around which the tensioner rotates”? Claim 11 has the same issue.
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, 3, 4, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2021093836.
As per claim1, WO2021093836 discloses a tensioner (dual arm tensioner) (para [0029]) comprising:
a center arm (13) [first tensioning arm] having a first tensioning pulley (11) journaled thereto and engageable with a mounting surface through a mounting axis (para [0034]);
a side arm (14) [second tensioning arm] having a second tensioning pulley (12) journaled thereto and coupled to the center arm (13) (figs. 1, 2);
a dynamic pivot (15) [first pivot center) (figs. 1, 2)around which the tensioner dynamically rotates (para [0032]); and
the dynamic pivot (15) journaled to the center arm (13).
As per claim3, WO2021093836 as set forth above, discloses a torsion spring (19) [deflection member] disposed between the side arm (14) and the center arm (13) (figs. 1-3).
As per claim 4, WO2021093836 as set forth above, discloses a carrier member (fig. 3) having a frictional surface that engages a surface on the center arm (13), and having a frictional surface engagement with the side arm (14) to damp an oscillatory movement of the side arm (para [0036]).
As per claim 9, WO2021093836 as set forth above, discloses a fixing member (17) [locking member] (fig. 3).
As per claim 10, WO2021093836 as set forth above, discloses the fixing member (17) comprises a bolt (17) configured and arranged to pass through a dynamic pivot center bore (near 15) aligned to the mounting axis of the dynamic pivot (15) to fix the tensioner to a motor generator (50) (para [0030]) (fig. 1).
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.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over WO2021093836 in view of Sas, FR2931917.
As per claims 5 and 6, WO2021093836 as set forth above, does not disclose the center arm is stamped or cast. However, Sas in his Belt Guiding and Tensioning Device invention teaches a dual member tensioning device where the members can be made from sheet metal (stamped) or cast (molding an aluminum alloy) (p. 2, paragraph 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to produce a center arm from stamping or casting, as taught by Sas, for the purpose of meeting the physical property requirements of the tensioner at an economical price.
As per claims 7 and 8, WO2021093836 as set forth above, does not disclose the side arm is stamped or cast. However, Sas in his Belt Guiding and Tensioning Device invention teaches a dual member tensioning device where the members can be made from sheet metal (stamped) or cast (molding an aluminum alloy) (p. 2, paragraph 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to produce a side arm from stamping or casting, as taught by Sas, for the purpose of meeting the physical property requirements of the tensioner at an economical price.
Allowable Subject Matter
Claim 2 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: the prior art of record fails to teach or suggest a tensioner comprising: a center arm having a first tensioning pulley journaled thereto and engageable with a mounting surface through a mounting axis; a side arm having a second tensioning pulley journaled thereto and coupled to the center arm: a dynamic pivot around which the tensioner dynamically rotates; and the dynamic pivot journaled to the center arm;
wherein the dynamic pivot comprises an eccentric bushing.
The closest prior art of record is considered to be WO2021093836. WO ‘836 teaches a similar dual arm tensioner with a pivot joint attachment. However, WO ‘836 has a conventional pivot joint and does not meet the limitation of the pivot joint containing an eccentric bushing, enabling optimized belt tensioning. An International Search Report, dated December 14, 2023, under PCT/US2023/033024 rejected claim 2 wherein the dynamic pivot comprises an eccentric bushing with WO 2000/034686 – Hydraulic Damping Cartridge for a Belt Tensioner. WO ‘686 teaches a single arm tensioner, not a dual arm tensioner, with an eccentric rubber core 64. The eccentric 64 is used to force fluid through channels of the construction as part of overall damper 44. In other words, the search report relies on a single arm tensioner, not a dual arm tensioner as claimed, with an eccentric used as part of a fluid based damping system in conjunction with the base reference WO2021093836 which doesn’t used a fluid based damping system. Therefore, it would not have been obvious to teach this pivot attachment with an eccentric feature to the invention of WO2021093836.
Claims 11-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: see reasons for indication of allowable subject matter above for claim 2.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK KENNETH BUSE whose telephone number is (571)270-3139. The examiner can normally be reached 8:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at 571 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.K.B/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654