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 .
Information Disclosure Statement
The information disclosure statement (IDS) dated 01/17/2024 has been received and considered.
Claim Objections
Claims 1-13 are objected to because of the following informalities: it appears that a translation error has occurred: “rhyme” appears to mean “rhythm” or “vibration” based on the disclosure. This translation error exists across the claims, specification, abstract, and invention title.
Claim 1 is objected to for the limitations: “a first shaft assembly driven by the first motor assembly to rotate” , “a second shaft assembly driven by the second motor assembly to rotate”, and “wherein, the first motor assembly drives the two first linkage assemblies to move the top cover in a first oscillation, the second motor assembly drives the two second linkage assemblies”. These limitations give the appearance of claiming both an apparatus and a process in the same claim. It is suggested to amend the limitations as follows:
“a first shaft assembly configured to be driven by the first motor assembly to rotate” , “a second shaft assembly configured to be driven by the second motor assembly to rotate”, and “wherein, the first motor assembly is configured to drive[[s]] the two first linkage assemblies to move the top cover in a first oscillation, the second motor assembly is configured to drive[[s]] the two second linkage assemblies”.
Claim 9 is objected to for the same reasons as claim 1, and should be amended similarly.
Claims 2, 5, 10, and 11 are objected to for similar reasons as claim 1. Respectively, the claims should be amended as follows (or similar):
Claims 2 and 10: “wherein the first motor is configured to drive[[s]] the first belt to rotate”
Claims 5 and 11: “wherein the second motor is configured to drive[[s]] the second belt to rotate”
Appropriate 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 1-6 and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko (US 2022/0071830 A1), hereafter Ko.
Regarding Claim 1, Ko discloses a vertical rhyme machine (abstract), comprising: a base (fig. 1, 21 [0024]); a first actuating mechanism (fig. 2, the assembly of 40 + 50 [0023]), comprising: a first motor assembly disposed at the base (figs. 2 and 3, first drive unit 40 is fixed directly or indirectly to the base [0026]); a first shaft assembly driven by the first motor assembly to rotate (fig. 3, the assembly of 45 + 451 [0027]), and comprising: a first shaft body (fig. 3, first transmission shaft 45 [0026]); and two first eccentric linking elements connected to two ends of the first shaft body, respectively (fig. 5, 451 [0027]; both ends of shaft body 45 have 451, see fig. 5 and [0026]); and two first linkage assemblies connected to the two first eccentric linking elements, respectively (fig. 5, first two linkages 50, one on each end [0023]); a top cover (fig. 1, platform 22 [0024]) moved by the two first linkage assemblies ([0028]); and a second actuating mechanism (fig. 2, the assembly of 60 + 70 [0023]), comprising: a second motor assembly disposed at the base (figs. 2-3, second drive assembly 60 is mounted to the base [0029]); a second shaft assembly driven by the second motor assembly to rotate (fig. 8, 65 + 651 [0031]), and comprising: a second shaft body disposed at the base (fig. 8, 65 [0029]); and two second eccentric linking elements connected to two ends of the second shaft body, respectively (fig. 8, eccentric shaft 651 [0031] there is a second 651 at the other end of the second shaft 65 since the assembly is symmetrical); and two second linkage assemblies connected to the two second eccentric linking elements, respectively (fig. 8, 70 [0030]), and the two second linkage assemblies connected to the first shaft assembly of the first actuating mechanism (fig. 4 [0033]); wherein, the first motor assembly drives the two first linkage assemblies to move the top cover in a first oscillation ([0003] a double-amplitude oscillation is provided), the second motor assembly drives the two second linkage assemblies and the first shaft assembly is linked to move the two first linkage assemblies ([0033]), so as to move the top cover in a second oscillation ([0003] two oscillation amplitudes are provided), and an amplitude of the first oscillation is different from an amplitude of the second oscillation (understood from [0003] since a harmonic vibration is implemented from a double amplitude operation is used).
Regarding Claim 2, Ko discloses a vertical rhyme machine of claim 1, wherein the first motor assembly comprises: a first motor (fig. 5, first motor 41 [0026]); a first driving roller sleeved on the first shaft body (fig. 5, first pulley 44 [0026]); and a first belt connecting the first driving roller to an output shaft of the first motor (fig. 5, belt 43, cited in apparent error as 32 in [0026]); wherein the first motor drives the first belt to rotate the first shaft body ([0026]).
Regarding Claim 3, Ko discloses a vertical rhyme machine of claim 1, wherein each of the two first linkage assemblies comprises: a first lower pivot element disposed at the base (fig. 5, 46 [0026]); a first upper pivot element disposed at the top cover (fig. 5, 55 [0027]); and a first waving rod (fig. 5, 53 [0027]), wherein a first end of the first waving rod is pivotally connected to the first shaft assembly (fig. 5, 53 is indirectly connected to 45), a second end of the first waving rod is pivotally connected to the first upper pivot element (fig. 5, 55 is connected at the other end of 53), and the first waving rod is pivotally connected to the first lower pivot element to swing about the first lower pivot element that is served as a pivot point (fig. 5 [0028]).
Regarding Claim 4, Ko discloses a vertical rhyme machine of claim 3, wherein each of the two first linkage assemblies further comprises: a first bottom pivot element pivotally connected to the base (fig. 5, 52 [0027]); a first top pivot element pivotally connected to the top cover (fig. 5, 56 [0027]); and a first swinging rod (fig. 5, 54 [0027]), wherein a first end of the first swinging rod is pivotally connected to the first shaft assembly (fig. 5, 54 is indirectly connected to 45), a second end of the first swinging rod is pivotally connected to the first top pivot element (fig. 54 is connected to 56 at its other end), and the first swinging rod is pivotally connected to the first bottom pivot element to swing about the first bottom pivot element that is served as a pivot point (fig. 5 [0028]]).
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Regarding Claim 5, Ko discloses a vertical rhyme machine of claim 1, wherein the second motor assembly comprises: a second motor (fig. 8, 61 [0029]); a second driving roller sleeved on the second shaft body (fig. 8, 64 [0029]); and a second belt connecting the second driving roller to an output shaft of the second motor (fig. 8, 63, cited in [0029] as 64); wherein the second motor drives the second belt to rotate the second shaft body ([0029]).
Regarding Claim 6, Ko discloses a vertical rhyme machine of claim 1, wherein each of the two second linkage assemblies comprises: at least one second swinging rod (fig. 8, 75 [0030]), wherein a first end of the at least one second swinging rod is pivotally connected to the second shaft assembly (fig. 8 shows 71 connected to 75 [0031]; see also fig. 3); a second lower pivot element disposed at the base (fig. 8, 72 [0030]); and a second waving rod (fig. 8, 74 [0030]), wherein a first end of the second waving rod is pivotally connected to a second end of the at least one second swinging rod (fig. 8 shows 74 pivotally connected to an end of 75), a second end of the second waving rod is pivotally connected to the first shaft assembly of the first actuating mechanism (fig. 3, 74 is connected to the first actuating mechanism via 74, 73, 76, 77, and 30 which pivotally connect to the first shaft indirectly 45 through the first linkage 50, see fig. 6 and [0033]), and the second waving rod is pivotally connected to the second lower pivot element to swing about the second lower pivot element that is served as a pivot point (fig. 8 shows this configuration [0032]).
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Regarding Claim 9, Ko discloses a vertical rhyme machine, comprising: a base (fig. 1, 21 [0024]); at least one first actuating mechanism (fig. 2, the assembly of 40 + 50 [0023]), comprising: a first motor assembly disposed at the base (figs. 2 and 3, first drive unit 40 is fixed directly or indirectly to the base [0026]); a first shaft assembly driven by the first motor assembly to rotate (fig. 3, the assembly of 45 + 451 [0027]), and comprising: a first shaft body (fig. 3, first transmission shaft 45 [0026]); and two first eccentric linking elements connected to two ends of the first shaft body, respectively fig. 5, 451 [0027]; both ends of shaft body 45 have 451, see fig. 5 and [0026]); two first waving rods connected to the two first eccentric linking elements, respectively (fig. 5, 53 [0027]); a top cover (fig. 1, platform 22 [0024]) moved by the two first waving rods of the at least one first actuating mechanism (fig. 5, [0028]); and a second actuating mechanism (fig. 2, the assembly of 60 + 70 [0023]), comprising: a second motor assembly disposed at the base (figs. 2-3, second drive assembly 60 is mounted to the base [0029]); a second shaft assembly driven by the second motor assembly to rotate (fig. 8, 65 + 651 [0031]), and comprising: a second shaft body disposed at the base (fig. 8, 65 [0029]); and two second eccentric linking elements connected to two ends of the second shaft body, respectively (fig. 8, eccentric shaft 651 [0031] there is a second 651 at the other end of the second shaft 65 since the assembly is symmetrical); and two second linkage assemblies connected to the two second eccentric linking elements, respectively (fig. 8, 70 [0030]), and the two second linkage assemblies connected to the first shaft assembly of one of the at least one first actuating mechanism (fig. 4 [0033]); wherein, the first motor assembly of the at least one first actuating mechanism drives the two first waving rods of the at least one first actuating mechanism to move the top cover in an oscillation([0003] a double-amplitude oscillation is provided), the second motor assembly drives the two second linkage assemblies to move the first shaft assembly of the one of the at least one first actuating mechanism ([0033]), so as to move the top cover in the oscillation by the two first waving rods of the one of the at least one first actuating mechanism ([0033]).
Regarding Claim 10, Ko discloses a vertical rhyme machine of claim 9, wherein the first motor assembly of the at least one first actuating mechanism comprises: a first motor (fig. 5, first motor 41 [0026]); a first driving roller sleeved on the first shaft body (fig. 5, first pulley 44 [0026]); and a first belt connecting the first driving roller to an output shaft of the first motor (fig. 5, belt 43, cited in apparent error as 32 in [0026]); wherein the first motor drives the first belt to rotate the first shaft body ([0026]).
Regarding Claim 11, Ko discloses a vertical rhyme machine of claim 9, wherein the second motor assembly comprises: a second motor (fig. 8, 61 [0029]); a second driving roller sleeved on the second shaft body (fig. 8, 64 [0029]); and a second belt connecting the second driving roller to an output shaft of the second motor fig. 8, 63, cited in [0029] as 64); wherein the second motor drives the second belt to rotate the second shaft body ([0029]).
Regarding Claim 12, Ko discloses a vertical rhyme machine of claim 9, wherein each of the two second linkage assemblies comprises: at least one second swinging rod (fig. 8, 75 [0030]), wherein a first end of the at least one second swinging rod is pivotally connected to the second shaft assembly (fig. 8 shows 71 connected to 75 [0031]; see also fig. 3); a second lower pivot element disposed at the base (fig. 8, 72 [0030]); and a second waving rod (fig. 8, 74 [0030]), wherein a first end of the second waving rod is pivotally connected to a second end of the at least one second swinging rod (fig. 8 shows 74 pivotally connected to an end of 75), a second end of the second waving rod is pivotally connected to the first shaft assembly of the first actuating mechanism (fig. 3, 74 is connected to the first actuating mechanism via 74, 73, 76, 77, and 30 which pivotally connect to the first shaft indirectly 45 through the first linkage 50, see fig. 6 and [0033]), and the second waving rod is pivotally connected to the second lower pivot element to swing about the second lower pivot element that is served as a pivot point (fig. 8 shows this configuration[0032]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ko.
Regarding Claim 7, Ko discloses a vertical rhyme machine of claim 1, but does not explicitly disclose wherein the amplitude of the second oscillation is larger than the amplitude of the first oscillation.
However, Ko does disclose that the two amplitudes of oscillations are different (see [0003], [0005], and [0033]) in order to operate the device in a harmonic vibration ([0003]). Thus, it can readily be understood by one of ordinary skill in the art that the amplitudes are different, i.e., one must be larger than the other.
Therefore, would have been obvious to one of ordinary skill in the art to select the amplitude of the second oscillation to be larger than the first oscillation, since it has been held that when choosing from a finite number of identified solutions with a reasonable expectation of success, it would have been obvious to try making the second oscillation the larger amplitude (see MPEP 2143(E)). The applicant does not appear to place criticality on the amplitude of the second oscillation being larger than the first, only stating the it can be done, and then adjusted (see original specification [0036]).
Claims 8 and 13 are rejected under 35 U.S.C. 103 as unpatentable over Ko in view of Johnson et al. (US 6620117 B1), hereafter Johnson.
Regarding Claim 8, Ko discloses a vertical rhyme machine of claim 1, but is silent on further comprising: a plurality of buffer units, each of the buffer units is connected between the top cover and the base.
Johnson teaches a plurality of buffer units =, each connected between a top cover and a base (fig. 6A and 6B, 86, col. 9 lines 24-27) which are used to dampen the downward movement of the top plate (fig. 6A, platform 14) and induce a smooth return of the top plate to its original position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of buffer units connected between the top cover and the base of Ko’s device in order to dampen the downward movement of the top plate and induce the return of the top plate to its original position, as taught by Johnson.
Regarding Claim 13, Ko discloses a vertical rhyme machine of claim 9, but is silent on further comprising: a plurality of buffer units, each of the buffer units is connected between the top cover and the base.
Johnson teaches a plurality of buffer units =, each connected between a top cover and a base (fig. 6A and 6B, 86, col. 9 lines 24-27) which are used to dampen the downward movement of the top plate (fig. 6A, platform 14) and induce a smooth return of the top plate to its original position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of buffer units connected between the top cover and the base of Ko’s device in order to dampen the downward movement of the top plate and induce the return of the top plate to its original position, as taught by Johnson.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2007/0225622 A1 fig. 2 and Hsieh et al. (US 2023/0099848 A1) fig. 7.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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