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 .
Election/Restrictions
Applicant’s election without traverse of Species 1, Figures 1-3; and claims 1-5, 10 in the reply filed on 09/05/2025 is acknowledged.
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. Therefore, the "radially extending leg" of claim 5 must be shown or the feature(s) canceled from the claim(s). Note: If Applicant meant for this leg to be the same as the radially extending leg of claim 1 then this objection will be withdrawn.
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 § 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.
Claim 5 is 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 5 recites “a radially extending leg”. It is not clear whether the intention of this claim is to set forth a completely separate/distinct radially extending leg than the one already recited in claim 1. The drawings, especially for the embodiment selected, do not show another radially extending leg. Therefore, it is confusing why the claim is written in a manner which seemingly introduces another leg. If the intention is to just further define the already recited leg of claim 1, then appropriate correction is required. For purpose of examination the claim is being treated as intended to further define the leg of claim 1 (note correction is still required if this is the case).
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 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) 1-5 is/are rejected under 35 U.S.C. 102a1 as being anticipated by S.A. McGavern et al. (USP 3440899), hereinafter referred to as McGavern.
Regarding claim 1, McGavern discloses a dual shear disk crankshaft damper, comprising:
a disk (fig.2, 13) defining a central opening (seen in fig.1) and having an outer portion that extends radially inwardly from a periphery of the disk (seen in fig.2);
an elastomeric ring (fig.2, 24) defining a slot (space between that receives the disk, seen in fig.2) that receives the outer portion of the disk;
an inertia ring (fig.2, 14 reads on this) disposed on a first radially extending side of the elastomeric ring (seen in fig.2), the inertia ring having an annular recess (the chamfered or recessed portion that receives the bent portion of cup 26 in an analogous fashion to Applicant’s figures reads on this) defined at a circumferentially extending radially outer periphery of the inertia ring (seen in fig.2); and
a cup (fig.2, 26) including an annular radially extending leg (fig.2, vertical leg portion) and an annular axially extending leg (fig.2, axial or horizontally extending leg portion), wherein the annular radially extending leg is disposed on a second radially extending side of the elastomeric ring that faces away from the first radially extending side of the elastomeric ring (seen in fig.2), and wherein the cup includes a rim (bent portion of the cup that is fit to the recess reads on this, seen in fig.2) that is received in the annular recess.
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Regarding claim 2, McGavern discloses the dual shear crankshaft disk damper of claim 1 wherein the cup compresses elastomeric ring (evident from fig.2, the cup would compress the ring; also mentioned in col.2, lines 48-50).
Regarding claim 3, McGavern discloses the dual shear crankshaft disk damper of claim 1 further comprising: a plurality of radially extending grooves (fig.1 and fig.2; the grooves between fins 19) provided on an outer side of the inertia ring facing away from the first radially extending side of the elastomeric ring.
Regarding claim 4, McGavern discloses the dual shear crankshaft disk damper of claim 1 wherein the inertia ring extends radially inwardly relative to an inner diameter of the elastomeric ring (seen in fig.2, the leg extends radially inwardly relative to the inner diameter of the ring even if it is a small amount and in addition 15 could be considered part of the inertia ring, this is analogous to Applicant’s arrangement).
Regarding claim 5, McGavern discloses the dual shear crankshaft disk damper of claim 1 wherein the cup has a radially extending leg (the leg extends radially inward as seen in fig.2) extending radially inwardly from an inner diameter of the elastomeric ring.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGavern et al. (USP 3440899), hereinafter referred to as McGavern, in view of IE 50591 B1.
Regarding claim 10, McGavern fails to explicitly disclose the dual shear crankshaft disk damper of claim 1, wherein the elastomeric ring defines a plurality of V-shaped notches at an inner diameter of the elastomeric ring with the widest end of the V-shaped notches being provided at the inner diameter of the elastomeric ring.
IE 50591 B1 teaches and/or suggests the concept of utilizing a plurality V-shaped notches on an elastomeric ring utilized on vibration dampers, wherein an inner diameter of the elastomeric ring with the widest end of the V-shaped notches being provided at the inner diameter of the elastomeric ring (partially seen in fig.2) for the purpose of allowing the elastomeric ring to be assembled with less tendency of jamming (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastomeric ring in McGavern, in accordance with the teachings of IE 50591 B1, to have said V-shaped notches for the purpose of allowing the elastomeric ring to be assembled with less tendency of jamming (abstract in IE ‘591).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Contains similar prior art to the invention and/or other potential teaching references for various disclosed aspects of the invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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/THOMAS C DIAZ/Primary Examiner, Art Unit 3617