DETAILED ACTIONAcknowledgment is made of applicant’s amendment filed 4/13/26. 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 § 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 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tomoo et al. (JP3908873, hereinafter Tomoo) in view of Gram (4,905,502). Regarding claim 1, Tomoo discloses an apparatus comprising a main frame (See
Fig. 13) comprising guide supports 2a, 2b vertically extending from a base portion and
a mounting plate 8 coupled to the guide support; a first mount jig 9 mounted to the
mounting plate and configured to support an upper portion of a mount member (test
object not shown); a second mount jig 10 mounted to a lower portion of the mount
member and configured to support the lower portion of the mount member; a weight
portion 11 fixed to the second mount jig and configured to apply a load to the mount
member; and a vibration portion 14 (See Fig. 15) configured to continuously provide
vibration to the base to vibrate the weight portion using the main frame, the first
mount jig, and the second mount jig as media (See Pg. 5, Para. 0040, Pg. 12, Para.
0085 and Pg. 13, Para. 0090). Tomoo fails to disclose that the weight portion includes a plurality of unit weights stacked to reproduce a weight of a powertrain of a vehicle, and a through hole is formed in a central portion of each unit weight, and wherein a shaft that passes through the through holes of the plurality of unit weights, protrudes from a bottom of the weight portion, and has an end fastened by a nut. However, Gram discloses an apparatus comprising a weight portion 55 that includes a plurality of unit weights stacked to reproduce a weight of a powertrain of a vehicle, and a through hole or clearance (See Fig. 2) formed in a central portion of each unit weight, and a shaft that passes through the through holes or clearance of the plurality of unit weights, protrudes from a bottom of the weight portion, and has an end fastened by a nut (clamp) 64 (See Col. 3, lines 58 – 68 and Col. 4, lines 1 – 19). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Tomoo according to the teachings of Gram for the purpose of, advantageously providing an improved device since this type of device provides a way of imparting velocity to a mass coupled to a piston to provide a substantial amount of kinetic energy and utilizing that kinetic energy for generating a pressure pulse of sufficiently high pressure level in a short time (See Gram, Col. 1, lines 18 – 22).
Regarding claim 8, in Tomoo, the weight portion 11 is selectively varied in weight by assembling or disassembling the unit weights (See Fig. 13).
Claims 10 - 12 are rejected under 35 U.S.C. 103 as being unpatentable over
Uno (JP2001074627) in view of Gram (4,905,502). Regarding claim 10, Uno discloses a method and apparatus comprising steps of inputting a target load signal of a mount member (sample) to a controller 14 (See Fig. 1), the controller calculating a natural frequency of the mount member using a weight measurement for a weight portion and a characteristic value of the mount member to control a vibration portion to vibrate at a frequency identical to the calculated natural frequency of the mount member and with an inputted amplitude; the controller receiving the load applied to the mount member in real time to compare the same with the target load; and when the load applied to the mount member coincides with the target load, the vibration portion is controlled to vibrate with a corresponding amplitude (See Abstract, See Pg. 2, Paras. 0006 - 0007 and Pg. 4, lines 32 - 45). Uno fails to disclose that the weight portion is configured such that the weight portion includes a plurality of unit weights stacked to reproduce a weight of a powertrain of a vehicle, each unit weight has a through hole formed in a central portion thereof, and a shaft that passes through the through holes of the plurality of unit weights, protrudes from a bottom of the weight portion, and is fastened at an end by a nut. However, Gram discloses an apparatus comprising a weight portion 55 that includes a plurality of unit weights stacked to reproduce a weight of a powertrain of a vehicle, and a through hole or clearance (See Fig. 2) formed in a central portion of each unit weight, and a shaft that passes through the through holes or clearance of the plurality of unit weights, protrudes from a bottom of the weight portion, and has an end fastened by a nut (clamp) 64 (See Col. 3, lines 58 – 68 and Col. 4, lines 1 – 19). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Uno according to the teachings of Gram for the purpose of, advantageously providing an improved device since this type of device provides a way of imparting velocity to a mass coupled to a piston to provide a substantial amount of kinetic energy and utilizing that kinetic energy for generating a pressure pulse of sufficiently high pressure level in a short time (See Gram, Col. 1, lines 18 – 22).
Regarding claim 11, in Uno, when the load applied to the mount member does not coincide with the target load, the controller selectively increases or decreases the
amplitude of the vibration portion (See Abstract).
Regarding claim 12, in Uno, the displacement measurement is performed by a
displacement sensor 5 to enable the controller to calculate and output a velocity and
an acceleration of the weight portion using the displacement measurement (See Fig. 4,
See Pg. 1, Para. 0002 and Pg. 2, Para. 0034).
5. Claims 2 and 4 - 7 are rejected under 35 U.S.C. 103 as being unpatentable over Tomoo in view of Gram, as applied to claim 1 above, and further in view of Uno (JP2001074627).
Regarding claim 2, Tomoo and Gram fail to disclose a controller configured to make a comparison between the load applied to the mount member and an inputted target load to selectively increase or decrease an amplitude of the vibration portion.
However, Uno discloses a method and apparatus comprising a controller 14
that compares a load applied to a sample 1 with a target load and adjusts an amplitude
of a vibration portion (See Pg. 2, Paras. 0003 and 0006 -0009 and Pg. 4, lines 1 - 19).
Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Tomoo and Gram in view of Uno for the purpose of, advantageously providing an improved device since this type of device is capable of removing the influence of the inertial force or a movable portion and applying a desired stress to a sample (See Uno, Pg. 2, Para. 0005).
Regarding claim 4, Tomoo and Gram fail to disclose that the controller is further configured to calculate a natural frequency of the mount member using a weight measurement for the weight portion and a characteristic value of the mount member to control the vibration portion to vibrate at a frequency identical to the calculated natural frequency of the mount member and with an inputted amplitude.
However, in Uno, the controller is further configured to calculate a natural
frequency of the mount member using a weight measurement for the weight portion
and a characteristic value of the mount member to control the vibration portion to
vibrate at a frequency identical to the calculated natural frequency of the mount
member and with an inputted amplitude (See Abstract, See Pg. 2, Paras. 0006 - 0007
and Pg. 4, lines 32 - 45).
Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Tomoo and Gram in view of Uno for the purpose of, advantageously providing an improved device since this type of device is capable of removing the influence of the inertial force or a movable portion and applying a desired stress to a sample (See Uno, Pg. 2, Para. 0005).
Regarding claim 5, Tomoo and Gram fail to disclose that the controller is further configured to receive the load applied to the mount member from a load cell 6 (See Fig. 3) attached to the first mount jig in real time and to compare the same with the inputted target load.
However, in Uno, the controller is further configured to receive the load
applied to the mount member from a load cell attached to the first mount jig in real
time and to compare the same with the inputted target load (See Abstract, See Pg. 2,
Paras. 0006 - 0007 and Pg. 4, lines 32 45).
Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Tomoo and Gram in view of Uno for the purpose of, advantageously providing an improved device since this type of device is capable of removing the influence of the inertial force or a movable portion and applying a desired stress to a sample (See Uno, Pg. 2, Para. 0005).
Regarding claim 6, in Tomoo, a displacement measuring device 19 is mounted
to the guide support 2b via 4, 5 and is configured to evaluate a displacement of the
weight portion in a vertical movement (See Fig. 19, See Pg. 14, Paras. 0096 and
0097).
Regarding claim 7, in Tomoo, the controller is further configured to calculate
and output a velocity or speed and an acceleration of the weight portion using a
displacement measurement for the weight portion received from the displacement
measuring device (See Pg. 14, Para. 0096).
6. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tomoo, Gram and Uno, as applied to claim 1 above, and further in view of Hashida et al. (JP2017053698, hereinafter Hashida).
Regarding claim 3, Tomoo, Gram and Uno fail to disclose that the target load is inputted by being set to a maximum shock load on an actual vehicle.
However, Hashida discloses a method and apparatus comprising inputting a
target load to a machine 3 during a fatigue test that is indicative of a shock load on a
vehicle (See Pg. 6, lines 37 - 44 and Pg. 8, lines 1 - 30).
Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Tomoo, Gram and Uno according to the teachings of Hashida for the purpose of, advantageously
providing an improved device since this type of device reduces the time required for
fatigue testing (See Hashida, the Abstract).
7. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tomoo and Gram, as applied to claim 1 above, and further in view of Rastegar et al. (9,970,844, hereinafter Rastegar).
Regarding claim 9, Tomoo and Gram fail to disclose that the weight portion is coupled to a plurality of guide shafts disposed upright from the base plate by allowing the plurality of guide shafts to pass through four corners of the weight portion,
respectively, and moves up and down along the guide shafts by vibration.
However, Rastegar discloses an apparatus comprising a weight portion 23 that
is coupled to a plurality of guide shafts 22 disposed upright from a base plate 24 by
allowing the plurality of guide shafts to pass through four corners of the weight
portion, respectively, and that moves up and down along the guide shafts by vibration
(See Fig. 2, See Col. 9, lines 44 - 67 and Col. 10, lines 1 - 30).
Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Tomoo and Gram according to the teachings of Rasteger for the purpose of, advantageously providing an improved device since this type of device tests a large number of fully
instrumented components in a relatively short time (See Rasteger, Col. 6, lines 45 –
53). Response to Arguments
Applicant’s arguments, on Pg. 6, lines 9 – 15 and Pg. 7, lines 4 – 8 and 19 –
23, with respect to these claims have been considered but are moot in view of the new grounds of rejection. In response to applicant’s arguments that the references do not disclose that the weight portion is configured such that the weight portion includes a plurality of unit weights stacked to reproduce a weight of a powertrain of a vehicle, each unit weight has a through hole formed in a central portion thereof, and a shaft that passes through the through holes of the plurality of unit weights, protrudes from a bottom of the weight portion, and is fastened at an end by a nut, it is the Examiner’s position that applicant is arguing new issues.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
10. Wang et al. (CN21586543) disclose a dynamic simulation test system of anti-falling device of lifting protection platform. Cheng et al. (CN212989070) disclose a drop hammer impact testing machine for detecting building material. Jiang et al. (CN111442895) disclose a heavy impact device for battery detection. Zhang et al. (CN110926967) disclose a free falling type impact fatigue tester. Matsunaga et al. (JP5955127) disclose a vibration control device. 11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OCTAVIA HOLLINGTON whose telephone number is (571)272-2176. The examiner can normally be reached Monday-Friday 9am-5pm. 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, John Breene can be reached at 5712724107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OCTAVIA HOLLINGTON/Primary Examiner, Art Unit 2855 8/4/26
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