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 § 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 and 3 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 line 13, the phrase “can” renders the subject matter following the phrase indefinite, as it is unclear if this subject matter is necessary for the claimed invention, or is not necessary.
Claim 3 is rejected due to its dependence upon claim 1.
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 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,192,876 to Willard.
Re-claim 1, Willard discloses a rotary damper comprising:
a cylinder 10 having a partition wall (combination of elements 12, 16 and 17),
a rotor 22 has a shaft part 21/23 facing the partition wall,
a vane 25a protrudes from the shaft part 23,
a first oil passage 35 is formed in the vane,
a valve 33 (and 32),
the cylinder is a casting (although this limitation is not needed, as this limitation is a product by process recitation, see page 3 column 1 lines 21-25),
a distal end of the partition wall and the shaft part have a tapered shape (the tapered shape is due to the tapered shape of the die element, see page 3 column 1 lines 30-34, see also figure 4 which shows the rotor shaft having a tapered shape and see figure 2 which shows the partition walls having a tapered shape),
when the rotor rotates in one direction, the valve will change a flow rate of oil passing through the first oil passage according to a load, the valve reduces the flow rate of the oil as the load increases (the oil passage increasingly closes is due vane movement and load applied to the vane, the operation of the damper is described on page 3 column 2 lines 15-27 and column 4 lines 14-37),
when the rotor rotates in an opposite direction, the valve can reduce a resistance of the oil acting on the rotor that rotates in the opposite direction or in the cylinder that rotates in the one direction (the valve essentially opens the oil passage when rotated in the direction opposite to the closing direction).
Re-claim 3, a second oil passage 34 (or one of 47-50) is formed in the vane in which the first oil passage is not formed, a check valve 32 (or 45) is provided to the second oil passage.
theResponse to Arguments
Applicant's arguments filed May 28, 2026 have been fully considered but they are not persuasive. The remarks regarding the influence between the characteristics of the valve, and changes in oil flow, and the shapes of the distal end of the partition wall and the shaft part are more specific than the claim language. The instant claims merely recite the tapered structure, which is found in Willard. The now amended claims recite an operation of the valve elements in response to movement of the vane, which is also found in Willard. As is common with rotary dampers, a valve element will increasingly close an adjacent oil passage with increasing movement of the vane. A sudden movement of the vane will cause a sharp or sudden closing operation of the valve. Furthermore, movement of the vane in the opposite direction will allow the valve to open the oil passage, thus reducing the resistance of the oil acting on the rotor. As such the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiries concerning this communication or earlier communications from the
examiner should be directed to Thomas Williams whose telephone number is 571-272-7128.
The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 571-272-6584.
TJW /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 July 8, 2026
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