Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on December 23, 2021. It is noted, however, that applicant has not filed a certified copy of the foreign application as required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.83(a) because they fail to show:
The “first friction element (61) provided to be rotatable around the rotation center integrally with the second rotary element (20)” as recited in claim 1.
The “second friction element (62) provided to be rotatable around the rotation center integrally with the second rotary element (20)” as recited in claim 1.
A “state in which the third face (30fa) and the sixth face (61fb) are in contact with each other” and “a state in which the fourth face (30fb) and the eighth face (62fb) are in contact with each other” as recited in claim 5.
In the reply filed July 17, 2026 applicant argues that the drawing needn’t show these features because they’re described in the specification and/or they’re conventional. The argument is unpersuasive because the drawings are required to show every detail in the claims that can be shown regardless of what is present in the specification. Furthermore, these features are parts of a device that is claimed to be a patentable invention. As such, it is just as essential they be shown in the drawings as every other conventional feature (e.g. elastic elements) making up this device.
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.
Specification
The abstract of the disclosure is objected to because it begins with a phrase that can be implied. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
In the reply filed July 17, 2026 applicant argues the abstract has been amended to overcome this objection. However, the abstract filed on that date does not overcome the objection.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
Claims 3 & 5-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 3 recites the limitation, “the first rotary element (10) positions . . . the first friction element (61) . . . and positions the second friction element (62)”. However, the specification discloses at paragraph 0034 that the first and second friction elements (61 & 62) are fixed to the second rotary element (20). That so, it is the second rotary element (20), not the first rotary element (10), that positions of the first and second friction elements (61 & 62).
In the reply filed July 17, 2026 applicant argues that it is possible first rotary element (10) to position friction elements (61, 62) in spite of them being integrally connected to the second rotary element (20). The argument is unpersuasive. Possibility to does not equate to enablement. The drawings don’t show the structure to enable such possibility and the specification doesn’t provide an enabling disclosure in order for one to accomplish this without undue experimentation.
Claim 5 recites the limitation, “a state in which the third face (30fa) and the sixth face (61fb) are in contact with each other” and “a state in which the fourth face (30fb) and the eighth face (62fb) are in contact with each other.” Fig. 4 clearly shows a gap, not contact, between the third face (30fa) and the sixth face (61fb) between. It similarly shows a gap, not contact, between the fourth face (30fb) and the eighth face (62fb). There is no explanation in the specification as to how to close these gaps so as to make contact. Nor does it appear such contact could be made since Fig. 4 clearly shows the first friction element (61) is pressed against the rear plate (12) and thus cannot be pressed any closer to the second intermediate plate (32), and the second friction element (62) is pressed against the front plate (11) and thus cannot be pressed any closer to the first intermediate plate (31).
In the reply filed July 17, 2026 applicant argues against this rejection but never explains how, in light of what is shown in Fig. 4, the first friction element (61) can be pressed any closer to the second intermediate plate (32), and the second friction element (62) can be pressed any closer to the first intermediate plate (31).
As such, it would not be possible for one of ordinary skill in the art to make or use the claimed invention without undue experimentation. In making this determination the examiner affirms that he has considered the breadth of the claims;
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the nature of the invention;
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the state of the prior art;
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the level of one of ordinary skill;
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the level of predictability in the art;
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the amount of direction provided by the inventor; any
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existence of working examples; and the quantity of experimentation needed to make or use the invention based on the content of the disclosure.
Claim Rejections - 35 USC § 102
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamada, US 4,533,338. At Figs. 1-3, Hamada discloses a damper comprising:
a first rotary element (13, 13) provided to be rotatable around a rotation center, the first rotary element including a first face (see in Fig. 3 the inner face of rightmost plate 13) and a second face (see in Fig. 3 the inner face of leftmost plate 13), the first face facing in one direction (left direction in Fig. 3) in an axial direction of the rotation center, the second face being located on the one direction side with respect to the first face and facing in another direction (right direction in Fig. 3) opposite to the one direction;
a second rotary element (10, 11) provided to be rotatable around the rotation center, the second rotary element including a wall portion (11) located between the first face and the second face in the axial direction;
a third rotary element (12, 12) provided to be rotatable around the rotation center, the third rotary element including a third face (see in Fig. 3, the outer face of the rightmost plate 12) and a fourth face (see in Fig. 3, the outer face of the leftmost plate 12), the third face being located between the wall portion and the first face in the axial direction, the fourth face being located between the wall portion and the second face in the axial direction;
a first elastic element (22) interposed between the first rotary element and the third rotary element (col. 2, lines 27-32), the first elastic element being configured to elastically expand and contract in a circumferential direction around the rotation center (col. 3, lines 6-45);
a second elastic element (21) interposed between the second rotary element and the third rotary element (col. 2, lines 45-50), the second elastic element being configured to elastically expand and contract in a circumferential direction around the rotation center (col. 3, lines 6-45);
a first friction element (see in Fig. 3, the rightmost friction washer 44) provided to be rotatable around the rotation center integrally with the second rotary element (col. 3, lines 32-45), the first friction element including a fifth face (right side face) and a sixth face (left side face), the fifth face being located on the one direction side with respect to the first face and being slidable on the first face, the sixth face being located on the one direction side with respect to the third face and being slidable on the third face;
a second friction element (see in Fig. 3, the leftmost friction washer 44) provided to be rotatable around the rotation center integrally with the second rotary element (col. 3, lines 32-45), the second friction element including a seventh face (left side face) and an eighth face (right side face), the seventh face being located on the other direction side with respect to the second face and being slidable on the second face, the eighth face being located on the other direction side with respect to the fourth face and being slidable on the fourth face; and
a third elastic element (43) interposed between one of the first friction element and the second friction element and the wall portion, the third elastic element causing the first face and the fifth face to be pressed against each other and causing the second face and the seventh face to be pressed against each other.
In the reply filed July 17, 2026 applicant argues that at col. 3, lines 45-52, Hamada fails to disclose the friction elements rotating integrally the second rotary element. Even so at col. 3, lines 32-45, Hamada discloses the friction elements rotate integrally the second rotary element.
Allowable Subject Matter
Claims 2 & 4 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
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 inquiry concerning this communication or earlier communications from the examiner should be directed to Greg Binda whose telephone number is (571)272-7077. The examiner can normally be reached 9:30-5:30 et.
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, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Greg Binda/Primary Examiner, Art Unit 3679
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