12928537 (P.T.A.B. Feb. 17, 2016)

Ex Parte Hodjat

Patent Trial and Appeal BoardFeb 17, 2016

12928537 (P.T.A.B. Feb. 17, 2016)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/928,537 12/14/2010 Yahya Hodjat P10-137A 7880 26683 7590 02/18/2016 GATES CORPORATION IP LAW DEPT. 10-A3 1551 WEWATTA STREET DENVER, CO 80202 EXAMINER TRAN, DIEM M ART UNIT PAPER NUMBER 3654 MAIL DATE DELIVERY MODE 02/18/2016 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte YAHYA HODJAT ____________________ Appeal 2013-011070 Application 12/928,537 Technology Center 3600 ____________________ Before LYNNE H. BROWNE, JILL D. HILL, and LISA M. GUIJT, Administrative Patent Judges. BROWNE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Yahya Hodjat (Appellant) appeals under 35 U.S.C. § 134 from the Examiner’s decision rejecting claims 1–12 under 35 U.S.C. § 103(a) as unpatentable over Kimura (US 2002/0165053 A1, pub. Nov. 7, 2002) and Bergman (US 4,050,266, iss. Sept. 27, 1977). We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. Appeal 2013-011070 Application 12/928,537 2 CLAIMED SUBJECT MATTER The claims are directed to an isolating decoupler for connecting an alternator in an engine to a crankshaft. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. An isolating decoupler comprising: a pulley (30) having a pulley inner surface (300); a hub (20) having a radially extending arm (21); the radially extending arm having a frictional surface (211) slidingly engaged with the pulley inner surface; a spring (41) fixed to the pulley; the spring intermittently engageable with the radially extending arm; an elastomeric member (61) disposed between the spring and the radially extending arm; and the radially extending arm intermittently engageable with a pulley stop (301). DISCUSSION Independent claims 1 requires “a hub (20) having a radially extending arm (21),” and independent claim 10 similarly requires “a hub (20) having three radially extending arms (21, 22, 23).” Br. 12. The Examiner finds that Kimura teaches “a hub (i.e. 38) having at least one or three radially extending arm (i.e. 51).” Final Act. 2. Appellant argues that Kimura fails to teach a hub having a radially extending arm because the connecting piece (51) in Kimura is a separate component that moves in and out of engagement with the hub depending on the operating mode. Br. 6–7. In response to this argument, the Examiner additionally finds that Kimura’s connecting pieces 51 are part of the hub. See Ans. 5. Appeal 2013-011070 Application 12/928,537 3 Kimura describes connecting pieces 51 as part of annular power transmission member 59 which is not part of hub 38. Kimura ¶ 32. Thus, the Examiner’s finding is in error. For this reason, we do not sustain the Examiner’s decision rejecting independent claims 1 and 10, and claims 2–9, 11, and 12, which depend therefrom. DECISION The Examiner’s rejections of claims 1–12 are REVERSED. REVERSED