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 .
Election/Restrictions
Applicant’s election of Species B (Figs. 8-13 and 31-34) in the reply filed on 17 February 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 11-31 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment, there being no allowable generic or linking claim.
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, the “groove positioned in the exterior surface of the piston”, as recited in claim 1, 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 1-10 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 “the exterior surface of the piston having an external diameter sized to fit against the interior wall of the housing”. Claim 2, then recites “the external diameter of the piston is less than an internal diameter defined by the interior wall of the housing”. These two limitations are conflicting. Correction is required.
Claim 1 recites “a groove positioned in the exterior surface of the piston”. With respect to fig. 8, the groove is surrounded by a sleeve (116) portion of the piston. Clarification is required. To further prosecution, the examiner will treat this limitation to mean that the groove is located adjacent the exterior surface of the piston.
Claim 4 recites the feature at the top of the housing as a “connecting lug”. Claim 10 then recites that the feature at the top of the housing is a “connecting rod”. These two limitations are conflicting. Correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 4, 5, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor et al. (US 4,815,574).
In Re claim 1, Taylor et al. disclose a vibration isolator (10, fig. 1), comprising: a housing defining inter cavities (46, 47); an upper cap (12, 14); a lower cap (17); a first flexure (30) having a fluid tight seal with the upper cap (see 33); a second flexure (37) having a fluid tight seal with the lower cap (see 42); a piston (22) having an exterior surface (see 44 in fig. 3), a top (see leftmost side in fig. 3) having a fluid tight seal with the first flexure (see 31, 32), and a bottom (see rightmost side in fig. 3) having a fluid tight seal with the second flexure (see 39, 40); the exterior surface of the piston sized to fit against the interior wall of the housing and forming a groove (see 38 and/or 62) providing a fluid path from the top of the piston to the bottom of the piston; a first fluid chamber (46) defined by the area between the top of the piston, an interior wall of the housing, and an exterior of the first flexure; and a second fluid chamber (47) defined by the area between the bottom of the piston, an interior wall of the housing, and an exterior of the second flexure, wherein the first and second fluid chambers are connected via the fluid path to define a dynamic fluid chamber. The examiner notes that the fluid paths (grooves 62) through the piston extend to the circumferential edge (exterior surface of the piston).
In Re claim 2, see cylindrical boss (44) in figs. 1-3.
In Re claims 4 and 10, see connecting rod / mounting lug (49) and connecting rod (24).
In Re claim 5, the mounting lug extends over a side of the housing (see 74, which encircles the end of the housing (11), adjacent the end cap (12).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Taylor et al. (US 4,815,574).
In Re claim 9, Taylo et al further disclose tat the flexures are metallic (col. 3, line 4), but fail to disclose a pressure of 3450 kPa. However, the examiner asserts that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the fluid chambers at any functional pressure, including applicant’s claimed 3450 kPa, as a matter of engineering design choice, simply to provide proper vibration damping and functionality. The examiner notes that it has been held that where the general conditions of a claim are taught by the prior art, discovering the optimum or workable ranges involves only routine skill in the art (MPEP2144.04).
Allowable Subject Matter
Claims 3 and 6-8 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.
Conclusion
The examiner understands the intended claim language of claims 1 and 2 regarding the fluid pathway groove and sleeve, but points out that the claim language, as presently presented, raises 112 issues and drawing objections (see above). Claim 2 would be allowable if amended to correct the issue regarding the exterior surface of the piston and the interior wall of the housing.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616