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 .
Drawings
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. (See Spec., ¶¶6-8). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
Claims 1-4 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.
In Claim 1, at Lines 16-19, it is unclear what is being required, structurally, of the convex part by the limitation that the convex part is: “layered on a convex surface which is a surface on the side of the one direction, of both surfaces of a bent portion of the base part and protrudes towards the one direction….” What is “of both surfaces of a bent portion of the base part and protrudes…?” These clauses of the claim are grammatically confusing.
Claims 2-4 are likewise rejected due to their dependence from Claim 1.
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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0264739 to Durre et al. (hereinafter “Durre”).
-From Claim 1: Durre discloses a center bearing support 10 for elastically supporting a center bearing rotatably mounted on an outer peripheral surface of a propeller shaft of an automobile for transmitting a rotational driving force toward a vehicle body side of the automobile, comprising:
an outer ring 12 that has a cylindrical shape and is attached to a member on the vehicle body side in such a manner that an outer peripheral surface thereof is in contact with the member,
an inner ring 16 that has a cylindrical shape and is attached to the center bearing in such a manner that an inner peripheral surface thereof is in contact with an outer periphery of the center bearing, and
an elastic body 32 that is connected to an inner peripheral surface of the outer ring and an outer peripheral surface of the inner ring and expands in a bellows-like bent shape which is convex toward one direction along the propeller shaft between the inner peripheral surface of the outer ring and the outer peripheral surface of the inner ring, wherein
the elastic body includes
a base part 30 that has a shape of a bent plate and expands in the bellows-like bent shape while maintaining a constant thickness thereof, between the inner peripheral surface of the outer ring and the outer peripheral surface of the inner ring, and
a convex part 34 that is layered on a convex surface which is a surface on the side of the one direction, of both surfaces of a bent portion of the base part and protrudes toward the one direction, and the base part and the convex part are integrally formed of an elastic material.
-From Claim 2: Durre discloses wherein a resonance frequency of the elastic body is 600 to 1000Hz. (See Fig. 6; ¶¶12,43)
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durre.
-From Claim 3: Durre does not specifically disclose wherein a ratio of a volume of the convex part to a volume of the bent portion of the base part is 0.6 to 0.8.
However, from Fig. 2 of Durre, it appears that the volume of 34 is at least roughly 0.6-0.8 times the volume of 30. (See MPEP 2125(I): “Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972).”)
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Reproduced from Durre
However, to the extent that the volume of the convex part cannot be deemed, on the basis of the Figures, to be between 0.6 and 0.8 of the volume of the bent portion, modifying the respective volumes of 30 and 34 would seem to require no more than a change in the size and or shape of the two elements, and changes in size and/or shape, without changing function, have been held to be within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984),
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durre in view of JP2011-93441 to Yasuaki et al. (hereinafter “Yasuaki”).
-From Claim 4: Yasuaki discloses a bearing assembly similar to Durre, wherein the elastic body has a plurality of the convex parts 60, 61 at positions apart from each other. (See Figs. 3,4) Yasuaki further teaches that these additional convex parts provide protection from water dripping/splashing into the internal part(s) of the assembly. (¶¶31-33 of Applicant’s submitted translation of Yasuaki)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Durre by adding additional convex parts as taught by Yasuaki in order to prevent unwanted liquids from entering into the assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J WILEY whose telephone number is (571)270-7324. The examiner can normally be reached Mon-Fri, 9am-5pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 5712705281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J WILEY/Primary Examiner, Art Unit 3678 6/4/2026
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