DETAILED ACTION
This action is in response to the request for reconsideration filed September 1, 2026. Claims 1-18, 21 and 22 remain pending and have not been amended relative to the previous version filed June 26, 2025.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
EXAMINER’S AMENDMENT
An examiner’s amendment to the record appears below. This amendment is necessary so that the claim listing includes proper status identifiers for the previously cancelled claims 19-20 and 23-28 in accordance with 37 CFR 1.121(c). See MPEP § 714(II)(B). Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
The application has been amended as follows:
After claim 18, “19-20. Cancelled” has been changed to –19-20. (Cancelled)--.
After claim 22, --23-28. (Cancelled)-- has been inserted.
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, 4, 6, 7, 15, 18 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 203488594 U (hereinafter, Luo).
Regarding claim 1, Luo resilient dust cover (19) for a fan clutch assembly (Fig. 1), the fan clutch assembly including a solenoid body (yoke 13), a drive shaft (11) extending through the solenoid body, and a clutch body (11a) connected to the drive shaft, the resilient dust cover comprising: a resilient body comprising: a first opening (the larger diameter portion surrounding yoke 13) arranged to allow the resilient body to receive the solenoid body within the resilient body and to fit tightly on the solenoid body; and a second opening (at the inner periphery of flange 19a) opposite the first opening arranged to fit loosely over the drive shaft to allow the drive shaft to rotate freely. The dust cover is considered to be formed of a resilient material as broadly claimed since all materials exhibit a degree of resiliency.
Regarding claim 4, the resilient dust cover further comprises a retention member (the lip formed on the dust cover 19 contacting the left-hand end of the yoke 13) adjacent the first opening, wherein the retention member is arranged to hold the resilient dust cover onto the solenoid body (the shoulder prevents axial movement of the cover toward the right side as viewed in Fig. 1).
Regarding claim 6, the retention member comprises a circumferential lip that fits over an end of the solenoid body.
Regarding claim 7, the resilient dust cover (19) is shaped to conformally form to an outer profile of the solenoid body (13).
Regarding claim 15, Luo discloses a fan clutch assembly (Fig. 1), comprising: a solenoid body (13); a drive shaft (11) extending through the solenoid body; a clutch body (11a) connected to the drive shaft; and a resilient dust cover (19) on the solenoid body, the resilient dust cover having a first opening (the larger diameter portion surrounding yoke 13) adjacent the clutch body, the first opening arranged to allow the resilient dust cover to receive the solenoid body within the resilient dust cover and to fit tightly on the solenoid body, and a second opening (at the inner periphery of flange 19a) opposite the first opening arranged to fit loosely over the drive shaft to allow the drive shaft to rotate freely. The dust cover is considered to be formed of a resilient material as broadly claimed since all materials exhibit a degree of resiliency.
Regarding claim 18, the fan clutch assembly of Luo further comprises a retention member (the lip formed on the dust cover 19 contacting the left-hand end of the yoke 13) adjacent the first opening, wherein the retention member is arranged to hold the resilient dust cover onto the solenoid body (the shoulder prevents axial movement of the cover toward the right side as viewed in Fig. 1).
Regarding claim 21, the resilient dust cover is shaped to conformally form to an outer profile of the solenoid body.
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 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Luo.
Luo does not specify the material of the dust cover. However, the selection of rubber or plastic material would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the cover 19 of Luo is intended to be waterproof, and rubber and plastic are well known to be suitable for this purpose.
Response to Arguments
Applicant's arguments filed September 1, 2026 have been fully considered but they are not persuasive.
Applicant argues that the Luo reference does not disclose a clutch assembly including “a drive shaft extending through the solenoid body” as required by independent claims 1 and 15. This argument is not persuasive, since it is based upon Applicant’s incorrect characterization of the clutch assembly of Luo. Applicant asserts, in the last paragraph on page 5 of the response that Luo shows “a clutch assembly including a coil 14 housed in a coil yoke 13 that is attached to a drive shaft (not shown).” This is incorrect, as the yoke 13 is not attached to a not shown drive shaft as alleged by Applicant. Rather, the yoke 13 is fixed to a not shown fixing element through a fixing plate 21. The drive shaft, as pointed out in the rejection of claims 1 and 15 repeated above, is shown in Fig. 1 of Luo as the shaft sleeve 11.
In support of the examiner’s position, an English language machine translation of the Luo reference has been obtained and made of record. Note paragraph [0021] of the translation which states, “sleeve 11 for connected with one driving member (not shown)” and “the shaft sleeve 11 for connected with the crankshaft output end of the secondary engine”, which supports the examiner’s position that the shaft 11 is a driving (input) shaft of the clutch. Also note paragraph [0022] which states “magnetic yoke 13 is fixed, in this embodiment, the magnetic yoke 13 through a fixing plate 21 fixing on a fixing element (not shown)”. This contradicts Applicant’s argument that the coil yoke 13 is attached to a not shown drive shaft. The examiner agrees that the member 17 is the driven member, and this is described in the last sentence of paragraph [0025] of the translation.
With the understanding that the shaft sleeve 11 of Luo is the drive shaft, pulley 17 is the driven member and the yoke 13 is fixed as described in the translation, it is clear from the showing in Fig. 1 of Luo that the drive shaft 11 extends through the solenoid body 13, since the drive shaft 11 is surrounded by the yoke 13 which houses the electromagnetic coil 13. Also, it is clear from the drawing that the opening defined by the flange 19a of the cover 19 fits loosely over the drive shaft 11.
Allowable Subject Matter
Claims 2, 5, 8-14, 16 and 22 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.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art discloses or renders obvious the third opening that is arranged to allow a wiring assembly to pass through the resilient body as recited in claims 2 and 16, the retention member extending into a gap between the solenoid body and the clutch body as recited in claim 5, the rib on an inner surface of the resilient body arranged to contact an outer surface of the solenoid body as recited in claims 8 and 22, or the multi-layered material comprising an inner layer of resilient material and an outer layer of resilient material that are laminated together to form the resilient body as recited in claim 13, in combination with the other claim limitations. Claims 9-12 depend on claim 8 and are allowable for at least the same reasons. Claim 14 depends on claim 13 and is allowable for at least the same reasons.
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 Richard M. Lorence whose telephone number is 571-272-7094. The examiner can normally be reached Tuesday-Thursday from 11:00 AM-7:00 PM.
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/RICHARD M LORENCE/Primary Examiner, Art Unit 3617
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