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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of at least Claims 1-8 and 16-19 in the reply filed on 8thth June 2026 is acknowledged.
Claims 9-15 and 20-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8th June 2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. As Independent Claim 1 is currently written, the limitations “first part” and “second part”, though recited in functional language, are written in a way to establish both the “first part” and “second part” as structural parts of the claim. Therefore, the “first part” and “second part” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kato (US 20240424994 A1).
Regarding Claim 1, Kato discloses a damper apparatus (10) for braking a movement of a second part movable relative to a first part, wherein the damper apparatus comprises the following: a first damper component (40), which is fixedly connected or connectable to the first part (3); a second damper component (20), which is in particular fixedly connected or connectable to the second part (1); and a damping mechanism (50), wherein the first damper component (40) is movable relative to the second damper component (20), at least over a predefined or definable distance of travel, and wherein movement of the first damper component (40) relative to the second damper component (20) is or can be decelerated due to the damping mechanism (50) (see Fig. 1, Fig. 5, Fig. 12, Fig. 13), characterized in that a switching mechanism with a first switching contact (60) and a second switching contact (70) is arranged or integrated on the second damper component (20), wherein at least one actuating region (47a) is configured on the first damper component (40) in such a way that when the first damper component (40) moves relative to the second damper component (20), an electrically conductive connection is established or disconnected between the first switching contact (60) and the second switching contact (70) using the at least one actuating region (47a) of the first damper component (40) (see Fig. 1, Fig. 4).
Regarding Claim 2, Kato discloses wherein the first switching contact (60) and/or the second switching contact (70) is/are embodied as a spring contact (see Fig, 1, [0047], [0062], [0064]).
Regarding Claim 3, Kato discloses wherein the first switching contact (60) and the second switching contact (70) are each embodied as contact tabs, each of which comprises a contact region (65, 75), at an end region of the corresponding contact tab, wherein the contact tabs are embodied resiliently such that they form a galvanic connection over the two contact regions (65, 75) (see Fig. 1, Fig. 2, Fig. 11A, Fig. 11B, [0039]).
Regarding Claim 4, Kato discloses wherein the first switching contact (60) comprises a spring contact (65) at a first end region and a plug contact (69) at a second end region opposing the first end region, in the form of a plug-in contact pin (69), wherein the first switching contact (60) is received or receivable via a plug connection (94) in a plug housing (80) of the switching mechanism, said housing (80) being embodied so as to be at least partially or regionally complementary to the plug-in contact (69); and/or wherein the second switching contact (70) comprises a spring contact (75) at a first end region and a plug contact (79) at a second end region opposing the first end region, in the form of a plug-in contact pin (79), wherein the second switching contact (70) is received or receivable via a plug connection (95) in a plug housing (80) of the switching mechanism, said housing (80) being embodied so as to be at least partially or regionally complementary to the plug-in contact (79) (see Fig. 2, Fig. 3, Fig. 8).
Regarding Claim 5, Kato discloses wherein the plug housing (80) of the switching mechanism is releasably or exchangeably connected to the second damper component (see Fig. 1, Fig. 4, [0031]).
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.
Claims 6-8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 20240424994 A1), as applied to Claim 1 above, in view of Ma et. al. (CN 107176106 A).
Regarding Claim 6, Kato discloses the damper apparatus according to Claim 1.
Kato does not explicitly disclose wherein the first switching contact and the second switching contact are identically constructed.
Ma teaches wherein the first switching contact (42) and the second switching contact (42) are identically constructed (see Fig. 4, [0031])
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teaching of Ma with the damper apparatus of Kato in order to reduce manufacturing complexity and cost.
Regarding Claim 7, Kato discloses the damper apparatus according to claim 1, wherein the at least one actuating (47a) region of the first damper component (40) is configured so as to retract or extend into a contact region when the first damper component (40) moves relative to the second damper component (20), and thus to disconnect or establish an electrically conductive connection between the first switching contact (60) and the second switching contact (70) (see Fig. 1, Fig. 10, Fig. 11).
Kato does not explicitly disclose the actuating region extending into a contact region between the first switching contact and the second switching contact.
Ma teaches the actuating region (322) extending into a contact region between the first switching contact (42) and the second switching contact (42) (see Fig. 1, Fig. 4, [0031]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Ma with the damper apparatus of Kato in order to improve longevity of the switching contact system by creating a separation between the two contacts without relying on material spring properties.
Regarding Claim 8, Kato modified by Ma teaches wherein the at least one actuating region (322) (see CN 107176106 A [Ma]; Fig. 4) of the first damper component (40) (see US 20240424994 A1 [Kato]; Fig. 1) is formed from a material that is at least superficially electrically non-conductive (see CN 107176106 A [Ma]; [0031]) and/or is embodied in a fin-like fashion, and wherein the at least one actuating region (322) (see CN 107176106 A [Ma]; Fig. 4) of the first damper component (40) (see US 20240424994 A1 [Kato]; Fig. 1) is embodied as a separating element that can be insertable and withdrawn between the first switching contact (42) and the second switching contact (42), via a relative movement between the first damper component and the second damper component (see CN 107176106 A [Ma]; Fig. 4, [0031]).
Regarding Claim 18, Kato modified by Ma teaches wherein the damping mechanism comprises a housing having a first housing region (A) (see US 20240424994 A1 [Kato]; Annotated Fig. 1 below), in which the second damper component (20) is received at least partially or regionally, and through which the first damper component (40) is guided at least partially or regionally (see US 20240424994 A1 [Kato]; Fig. 5), and wherein the housing of the damping mechanism comprises a second housing region (B), in which the switching mechanism with the first switching contact (60) and the second switching contact (70) is received, wherein a window region (C) is formed between the first housing region (A) and the second housing region (B), through which the at least one actuating region (47a) of the first damper component (40) (see US 20240424994 A1 [Kato]; Fig. 1, Fig. 10, Annotated Fig. 1, Annotated Fig. 10) can be inserted into a region between the first switching contact (42) and the second switching contact (42) (see CN 107176106 A [Ma]; Fig. 4, [0031]).
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Claims 1 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Van Erden (US 5542508 A), in view of Jeon (KR 20180010889 A).
Regarding Claim 1, Van Erden discloses a damper apparatus (10) for braking a movement of a second part movable relative to a first part, wherein the damper apparatus comprises the following: a first damper component (14), which is fixedly connected or connectable to the first part (22) (see Fig. 1, 4: 1-10); a second damper component (16), which is in particular fixedly connected or connectable to the second part (36) (see 4: 11-22); and a damping mechanism (38, 24), wherein the first damper component (34) is movable relative to the second damper component (12), at least over a predefined or definable distance of travel, and wherein movement of the first damper component (14) relative to the second damper component (16) is or can be decelerated due to the damping mechanism (20) (see Fig. 1, Fig. 2, 3: 46-49).
Van Erden does not explicitly disclose a switching mechanism with a first switching contact and a second switching contact is arranged or integrated on the second damper component, wherein at least one actuating region is configured on the first damper component in such a way that when the first damper component moves relative to the second damper component, an electrically conductive connection is established or disconnected between the first switching contact and the second switching contact using the at least one actuating region of the first damper component.
Jeon teaches a switch mechanism (170) with a first switching contact (175) and a second switching contact (185) wherein at least on actuation region (167) is configured on a damper component in such a way that when the damper component rotates relative to a second damper component, an electrically conductive connection is established or disconnected between the first switching contact (175) and the second switching contact (185) using the at least one actuating region (167) (see Fig. 3, Fig. 4).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Jeon with the damper apparatus of Van Erden in order to illuminate the interior of a glove box in a malfunction resistant manner (see KR 20180010889 A [Jeon]; [0004], [0012]). It should be noted that although Jeon does not teach the same type of damper as Van Erden, one of ordinary skill in the art at the time of invention would understand that the switching mechanism of Jeon is applicable to the first and second damper components of Van Erden as a product of their rotational similarities. Thus, the Van Erden modified by Jeon teaches the limitations of Claim 1.
Regarding Claim 16, Van Erden modified by Jeon teaches wherein the damper apparatus (10) is embodied as a rotary damper, in which the first damper component (14) is rotatably supported relative to the second damper component (16) (see Fig. 1, Fig. 2, 3: 50-57).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 20240424994 A1), as modified by Ma et. al. (CN 107176106 A) in Claim 18 above, further in view of Pagliuzza et. al. (US 10121612 B2) and further in view of Schiele (DE 102011113617 A1).
Regarding Claim 19, Kato modified by Ma teaches the damper apparatus of Claim 18.
Kato modified by Ma does not explicitly teach wherein the second housing region comprises a closure element connected to a base body of the second housing region via a film hinge for the as-needed closure of the second housing region.
Pagliuzza teaches a wherein a second housing region comprises a closure element (208) connected to a base body (202) of the second housing region for the as-needed closure of the second housing region (see Fig. 2, Fig. 6).
It would have been obvious, to one of ordinary skill in the art at the time of invention to combine the teachings of Pagliuzza with the damper apparatus of Kato modified by Ma in order to protect the switching mechanism within the second housing region while allow operationally allowing the housing to be opened for ease of maintenance and assembly.
Kato modified by Ma and Pagliuzza does not teach wherein the closure element is connected to the base body of the second housing region via a film hinge.
Schiele teaches a damper using elastic film hinges to connect parts of the housing (see [0031-0032]).
It would have been obvious, to one of ordinary skill in the art at the time of invention, to combine the teachings of Schiele with the damper apparatus of Kato modified by Ma and Pagliuzza in order to elastically retain the connection between the closure element and the housing element, to prevent accidental separation.
Allowable Subject Matter
Claim 17 is 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, and with resolution of the outstanding drawing objection of base Claim 1.
The following is a statement of reasons for the indication of allowable subject matter
Regarding Claim 17, Van Erden (US 5542508 A) discloses wherein the first damper component (14) is embodied as a sleeve-shaped part, in which at least partially or regionally the second damper component (16) embodied as a pin-shaped part is coaxially and/or concentrically received with a sleeve-shaped blade carrier of the damping mechanism (24) (see Fig. 1, Fig. 2)
Neither Van Erden or Jeon (KR 20180010889 A) teach wherein the at least one actuating region of the first damper component is embodied as a region protruding from the sleeve-shaped part in the longitudinal extension direction of the sleeve-shaped part, and wherein the at least one actuating region of the first damper component is formed at an end region of the sleeve-shaped part.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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