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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election without traverse of the pendulum rocker damper of Figures 1-6 (Species I) in the reply filed on April 24, 2026 is acknowledged. Claims 9 and 10 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Examiner notes corrections have been made to correct informalities in the information disclosure statement (IDS) submitted on March 9, 2026. However, it is to be noted these informalities do not cause compliance issues, and as such, the information disclosure statement has been considered by the examiner.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2020 112 643 (Strasser; the citations of which are taken from Applicant’s provided translation).
Regarding claim 1, Strasser discloses a pendulum rocker damper (100) having a rotation axis for a drive train of a motor vehicle (see Figures 1-6), having a rocker unit (see paragraph [0029]) for modulating a torque, comprising:
a primary flange (102, 110, 112, 114) which can be connected in a torque-transmitting manner to a first external connection;
at least one rocker element (shown between 112 and 114 in Figure 1) preloaded by an energy storage element (106);
at least one first and one second roller (shown above and below 106 in Figure 1); and
a secondary flange (104, 134, 136, 138) which can be connected in a torque-transmitting manner to a second external connection,
wherein the first roller (above 106 in Figure 1) is mounted such that it can roll on a first rocker-side roller track and a primary flange-side roller track complementary to the first rocker-side roller track (see paragraphs [0015]-[0020]),
wherein the second roller (below 106 in Figure 1) is mounted such that it can roll on a second rocker-side roller track and a secondary flange-side roller track complementary to the second rocker-side roller track (see paragraphs [0015]-[0020]),
wherein a friction device (108) is arranged between the primary flange and the secondary flange, wherein a first component (150) of the friction device is designed to be non-rotatable with the primary flange and a second component (134) of the friction device is designed to be non-rotatable with the secondary flange (see paragraphs [0037]-[0038]).
Regarding claim 2, Strasser discloses the first component is formed integrally with the primary flange or wherein the second component (134) is formed integrally with the secondary flange (104, 134, 136, 138; see Figures 1 and 2).
Regarding claim 3, Strasser discloses the first component (150) is formed as a section projecting inwards in the radial direction of the pendulum rocker damper on the primary flange (102, 110, 112, 114) or is connected to the primary flange (via 130; see Figures 1 and 2).
Regarding claim 4, Strasser discloses the second component (134) is formed as a section projecting outwards in the radial direction of the pendulum rocker damper on the secondary flange (104, 134, 136, 138) or is connected to the secondary flange (see Figures 1 and 2).
Regarding claim 5, Strasser discloses the primary flange (102, 110, 112, 114) and the secondary flange (104, 134, 136, 138) overlap in the axial direction of the pendulum rocker damper and are preferably arranged in the same axial plane (see Figures 1 and 2).
Regarding claim 6, Strasser discloses the first component (150) is designed as a spring device preloaded in the axial direction of the pendulum rocker damper against the secondary flange (104, 134, 136, 138) or wherein the second component (134) is designed as a spring device preloaded in the axial direction of the pendulum rocker damper against the primary flange (102, 110, 112, 114; see Figures 1 and 2, and NOTE below).
NOTE: The Examiner notes both the first component and second component can be said to function as part of a spring device preloaded in the axial direction via a support disc (146) and disc spring (148; see paragraphs [0038]-[0039]).
Allowable Subject Matter
Claims 7 and 8 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.
Strasser discloses the pendulum rocker damper according to claim 6, but fails to disclose the spring device has two spring plates fastened to the secondary flange (104, 134, 136, 138), wherein one of the spring plates is arranged on one side of the secondary flange and the other of the spring plates is arranged in the axial direction on the other side of the secondary flange, and wherein both spring plates clamp the primary flange (102, 110, 112, 114) between them in a friction-locking manner.
Strasser instead discloses spring plates (144, 146, 148) arranged in a floating manner between the primary and secondary flanges, and only arranged on one side of a respective flange (see Figures 1 and 2). The prior art fails to fairly show or suggest a modification to Strasser such that the spring device has two spring plates fastened to the secondary flange, wherein one of the spring plates is arranged on one side of the secondary flange and the other of the spring plates is arranged in the axial direction on the other side of the secondary flange, and wherein both spring plates clamp the primary flange between them in a friction-locking manner. Further, one of ordinary skill in the art would not have been motivated to make such a modification to Strasser, as changing the spring plates to be fastened instead of floating would interfere with the intended frictional engagement of the spring plates with their respective flange. Further still, one of ordinary skill in the art would not have been motivated to make such a modification to Strasser, as providing spring plates on both sides of a respective flange would add unintended weight to the pendulum rocker damper of Strasser which would affect the weight and balance of the damper, such that the damper would no longer function as intended.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to Applicant's disclosure in the field of pendulum rocker dampers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached on (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
July 15, 2026
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