Drawings
The drawings are objected to because:
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See Fig. 1 in US 12,000,453.
The scale is too small and lines are too light in Fig. 1 to clearly show the features of the instant invention.
The drawings fail to show:
A rocker damper comprising both a first energy storage element 9 and second energy storage element 15 like that recited in claims 1 & 10
Stiffer material recited in claims 2 & 12.
Fig. 9 includes solid black shading.
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
Claims 8-9 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.
At each of lines 3-4 & 8 in claim 8 the limitation “a torque” is recited. It is unclear if each torque is unique or referring back to a previously recited torque.
At line 5 in claim 8, the limitation, “a consumer” is recited. It is unclear if this consumer is the same as or different from the previously recited consumer.
Claim Rejections - 35 USC § 102
Claims 1, 6-11, 13 & 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gatewood, US 4,465,172.
Claims 1 & 10: Gatewood discloses a pendulum rocker damper (35) for a drive train comprising:
an axis of rotation (see Figs. 6 &7);
a first outer connection (26a);
a primary side (39) connected to the first outer connection in a torque transmitting manner:
a second side connection (13);
a secondary side (a2a) connected to the second outer connection in a torque transmitting manner;
a rocker element (14a);
a rocker-side roller track (19a);
an outer roller track (42) complementary to the rocker side roller track;
a roller (33a) arranged to roll on the rocker-side roller track and the outer roller track;
a first energy storage element (53, 54) arranged to pretension the roller against the rocker-side roller track and the outer roller track (see Fig. 6);
a second energy storage element (19a) arranged in the roller, or in the rocker-side roller track or the outer roller track, and arranged to pretension (see preload” at col. 4, line 2) the roller against one of the rocker-side roller track or the outer roller track in a direction perpendicular to the one of the rocker-side roller track or the outer roller track when the first energy storage element is in a resting position (se Fig. 6).
Claim 6. Fig. 6 shows at least one of the second energy storage elements (19a) is arranged to exert the second pretensioning force in a locally limited manner on an associated roller (33a).
Claims 8 & 9. At col. 1, lines 6-15, Gatewood disclose the damper (35) is used in a motor vehicle drivetrain between an engine and a drive wheel.
Claim 11. Fig. 6 shows the rocker-side roller track (19a) pretensions the roller (33a).
Claim 13. Fig. 6 shows each of the primary side and the secondary side comprises respective ones of the rocker-side roller track, the outer roller track, the roller and the second energy storage element.
Claims 7 & 16. Fig. 8 shows the rocker element (14a) comprises an additional mass (18a) that adjusts a rotating inertia of the rocker element.
Allowable Subject Matter
Claims 2-5, 12 & 14-15 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fawick and Sacher each appear to show a damper with an energy storage element arranged in a roller.
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.
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/Greg Binda/Primary Examiner, Art Unit 3679
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