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 .
Drawings
The drawings are objected to because of the following informalities:
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) in Fig. 5C not mentioned in the description: 139.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "114" and "134" have both been used to designate the same surface in Fig. 5B.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "136" and "138" have both been used to designate the same surface in Fig. 6A.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "116" and "118" have both been used to designate the same surface in Fig. 6B.
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 § 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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vega Magan (ES 2306580A1).
Regarding claim 1, Vega Magan discloses a damping assembly 6 for a drive sprocket 2 of a mobile industrial machine (Abstract), the damping assembly comprising: at least one arc-shaped damping pad 6 (Fig. 4) including: a radially outer surface (unlabeled, but shown in Figs. 1 and 4); a radially inner surface (unlabeled, but shown in Figs. 1 and 4); a planar inner surface (unlabeled, best shown in Fig. 1) extending between the radially outer surface and the radially inner surface (Fig. 1); a planar outer surface (unlabeled, best shown in Fig. 1) extending between the radially outer surface and the radially inner surface (Fig. 1); and a plurality of through holes (unlabeled holes at part 7 of damping assembly 6 shown in Figs. 1 and 4) extending through the at least one arc-shaped damping pad from the planar inner surface to the planar outer surface (Fig. 1), and normal to the planar inner surface and the planar outer surface (Fig. 1); wherein the at least one arc-shaped damping pad is formed of an elastomeric material at 8 (“rubber” per the sixth paragraph on page 3 of the English-language machine translation).
Regarding claim 2, Vega Magan further discloses the plurality of through holes are located to secure the arc-shaped damping pad to the drive sprocket at a location to protrude to a height above a maximum depth of a trough formed between teeth of the drive sprocket (evident from Figs. 1 and 4).
Regarding claim 3, Vega Magan further discloses the plurality of through holes are all located on a radially lower half at 7 of the at least one arc-shaped damping pad (Figs. 1 and 4).
Allowable Subject Matter
Claims 4-9 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.
Claims 10-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows other examples of damping assemblies for drive sprockets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
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, Samuel (Joe) J Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kip T Kotter/Primary Examiner, Art Unit 3615