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 .
The amendment filed August 12, 2025 has been entered. Claim 1 is amended. Claims 2-4 are new. Therefore, claims 1-4 are currently pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for achieving a resonance frequency ratio, does not reasonably provide enablement for making “A torsional damper comprising: a hub…, a vibration system attached to the hub and including a vibration ring as a mass and a rubber ring as a spring…wherein a value of the spring ratio divided by the resonance frequency ratio is 0.9 or more.” The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims. The breadth of the claims have no limits and cover every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. The amount of direction and working examples provided by the inventor is minimal and with regards to creating an appropriate spring ratio and torsional damper design is not discussed. Thus, creating an undue experimentation burden on those attempting to practice the invention
Response to Arguments
Applicant's arguments filed August 12, 2025 have been fully considered but they are not persuasive. Applicant does not address the 112(a) rejection regarding providing enablement for making “A torsional damper comprising: a hub…, a vibration system attached to the hub and including a vibration ring as a mass and a rubber ring as a spring…wherein a value of the spring ratio divided by the resonance frequency ratio is 0.9 or more.” The breadth of the claim has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor.
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.
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/M.K.B/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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