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 .
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.
Claim(s) 1-3, 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamura (US – 2010/0327502 A1).
As per claim 1, Nakamura discloses Vibration-Damping Support Device comprising:
a plate (3, Fig: 1A-3C) fixed to a vibration device of the work vehicle (This invention relates to a vibration-damping support device useful for the vibration-isolated support or the like of an engine in a construction machine., [0001], Fig: 1A-3C);
a vibration-proof member (2, Fig: 1A-3C) including a first elastic body (2a, bottom, Fig: 1A-3C) disposed on a frame of the work vehicle (1a, Fig: 1A-3C) and under the plate, and a second elastic body (2a, top, Fig: 1A-3C) disposed on the plate, the plate being sandwiched between the first elastic body and the second elastic body in an up-down direction (Fig: 1A-3C); and
a stopper (8, 9, Fig: 2A-3C) configured to restrict first elastic deformation of the vibration-proof member by which the plate approaches the frame and second elastic deformation of the vibration-proof member by which the plate is apart away from the frame (The stoppers 8, 9 prevent an excessive deformation of the elastic member of the rubber mount 2 under vibrations of the engine 1, [0030], Fig: 1A-3C),
wherein the stopper includes a first stopper (9, 9a, Fig: 1A-3C) fixed to one of the plate (3, Fig: 1A-3C) and the frame (1a, Fig: 1A-3C), and a distal end of the first stopper protruding from the one of the plate and the frame toward the other of the plate (Fig: 1A-3C) and the frame faces the other of the plate and the frame with a gap in the up-down direction to restrict the first elastic deformation by contacting the other of the plate and the frame (Attached figure and Fig: A-3C).
As per claim 2, Nakamura discloses a contact plate disposed on the second elastic body (1a, Fig: 1A-3C); and
a fastening member (5, 7, Fig: 1A-3C) configured to fasten the contact plate, the second elastic body, the plate, the first elastic body, and the frame (Fig: 1A-3C),
wherein the stopper (8, 9) further includes a second stopper (9, Fig: 1A-3C) fixed to one of the contact plate and the plate (Fig: 1A-3C), and a distal end of the second stopper protruding from the one of the contact plate and the plate toward the other of the contact plate (Fig: 1A-3C) and the plate faces the other of the contact plate and the plate with a gap in the up-down direction to regulate the second elastic deformation by contacting the other of the contact plate and the plate (The stoppers 8,9 prevent an excessive deformation of the elastic member of the rubber mount 2 under vibrations of the engine 1, [0030], Attached figure and Fig: 1A-3C).
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As per claim 3, Nakamura discloses wherein the first stopper is a bar-shaped member disposed along the up-down direction near the first elastic body or a cylindrical member (8, Fig: 1A-3C) disposed to surround an outer circumference of the first elastic body (2a, Fig: 1A-3C).
As per claim 6, Nakamura discloses wherein the second stopper (8, Fig: 1A-3C) is a cylindrical member disposed to surround an outer circumference of the second elastic body (2a, Fig: 1A-3C) or a bar-shaped member disposed along the up-down direction near the second elastic body.
As per claim 8, Nakamura discloses Vibration-Damping Support Device comprising:
the mount (2, Fig: 1A-3C) for a work vehicle (This invention relates to a vibration-damping support device useful for the vibration-isolated support or the like of an engine in a construction machine., [0001], Fig: 1A-3C);
the frame (1a, Fig: 1A-3C); and
the vibration device (2, Fig: 1A-3C) supported by the frame by using the mount (via 5, 7, Fig: 1A-3C).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US – 2010/0327502 A1) as applied to claims 1 and 3 above, and further in view KIM (US – 2018/0162211 A1).
As per claim 9, Nakamura discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein
the center of vibration of the vibration device is located at a front portion of the vibration device, and
the mount is disposed at a rear portion of the vibration device.
KIM discloses Engine Mount And Method Of Manufacturing comprising:
wherein
the center of vibration of the vibration device (100, Fig: 3) is located at a front portion of the vibration device (As per figure 7 supporting device for installing vibration device 100, its appears to be front portion of device 200) vibration , and
the mount is disposed at a rear portion of the vibration device (220, engine fastening portion is rear portion of vibration device, Fig: 4 and 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Vibration-Damping Support Device of the Nakamura to make the center of vibration of the vibration device is located at a front portion of the vibration device, and the mount is disposed at a rear portion of the vibration device as taught by KIM in order to inhibiting transmission of abnormal noise occurring in a flow path by improving insulation characteristics.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US – 2010/0327502 A1) as applied to claim 8-9 above, and further in view of R. B. Funk (US – 1,912,270).
As per claim 10, Nakamura discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the vibration-proof member is disposed at a plurality of positions on the plate.
Funk discloses Insulating Mean comprising:
wherein the vibration-proof member (for the absorption of the shocks, strains, stresses, and vibrations that may be encountered, Description, Ln: 80-85, fig: 6) is disposed at a plurality of positions on the plate (As per figure 6, two of the members on plate 19. Therefore, it is disposed at a plurality of positions on the plate).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Vibration-Damping Support Device of the Nakamura to arrange the plurality of positions on the plate as taught by Funk in order to provide improved insulating means to prevent transmission of sounds and vibrations between joined or jointed parts of automotive vehicles.
Allowable Subject Matter
Claims 4-5, and 7 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.
Prior art and teaching references fail to disclose wherein the first stopper is a bolt as the bar-shaped member (Claim 4) wherein the vibration-proof member includes a front vibration-proof member positioned on a front side of the plate and a rear vibration-proof member positioned on a rear side of the plate, and
the first stopper is the bar-shaped member disposed along the up-down direction at a position between a horizontal center of the front vibration-proof member and a horizontal center of the rear vibration-proof member (Claim 5) and a bracket having a first connection portion connected to the plate and a second connection portion connected to the vibration device, wherein
the vibration-proof member includes a front vibration-proof member positioned on a front side of the plate and a rear vibration-proof member positioned on a rear side of the plate, and
the first connection portion is connected to the plate between the front vibration-proof member and the rear vibration-proof member (Claim 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A: Schulz et al. (US – 5,456,454),
B: A. CAUVIN (US – 3,430,901),
C: NOZAKI et al. (US – 2019/0291561 A1),
D: Fujiwara (US – 2010/0133734 A1),
E: Nakagawa (US – 2002/0140146 A1),
F: KAHARAAKIR (JP – 2020-011821 A), and
G: BEZI L (DE – 29710578 U1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 PM.
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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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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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