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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species I (on which claims 1 and 2 are readable) in the reply filed on 5/11/2026 is acknowledged.
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 and 2 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.
Claim 1 recites the limitation “a first state in which a gap is formed between the first bonding member and a part of a side surface of the first member continuous with a crimping surface with the second member”. The limitation “with the second member” is unclear and confusing as to what is required wherein the part of the side surface of the first member (301) continuous with a crimping surface is spaced from the second member in the first state (see Figure 7) and crimped with the second member in the second state (see Figure 9). It is suggested to delete “a first state in which a gap is formed between the first bonding member and a part of a side surface of the first member continuous with a crimping surface with the second member” and insert therein - - a first state in which a gap is formed between the first bonding member and a part of a side surface of the first member continuous with a crimping surface to be crimped with the second member - -. The is the interpretation given the limitation for purposes of examination.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsunekawa (U.S. Patent Application Publication 2020/0164714).
Regarding claim 1, Tsunekawa discloses a bonding jig configured for crimping and bonding first and second materials or articles worked upon to a third material or article worked upon, the bonding jig comprising: a first bonding member (comprising lower pressing member 75) configured to hold the first material or article worked upon (comprising lower bush unit 20); a second bonding member (comprising upper pressing member 80) configured to hold the second material or article worked upon (comprising upper bush unit 30) and cover the first bonding member to crimp the first and second materials or articles worked upon onto the third material or article worked upon (comprising stabilizer bar portion 17); and a switching mechanism (comprising switching second actuator) configured to switch, in a space where the first bonding member holds the first material or article worked upon (see Figure 8), between a first state (as shown in Figure 8) in which a gap is formed between the first bonding member (at pressing surface 77a) and a part of a side surface of the first material or article worked upon (outer side surface of 20 at flange 25) continuous with a crimping surface (of the first material or article worked upon) to be crimped with the second material or article worked upon (the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above) and a second state (see Figure 9) in which the gap is filled to control a position of the first material or article worked upon (see Figures 6, 8, and 9 and Paragraphs 0016 and 0074-0079).
Alternatively regarding claim 1, Tsunekawa discloses a bonding jig configured for crimping and bonding first and second materials or articles worked upon to a third material or article worked upon, the bonding jig comprising: a first bonding member (comprising first lower pressing member 71 and second lower pressing member 75) configured to hold the first material or article worked upon (comprising lower bush unit 20); a second bonding member (comprising first upper pressing member 73 and second upper pressing member 80) configured to hold the second material or article worked upon (comprising upper bush unit 30) and cover the first bonding member to crimp the first and second materials or articles worked upon onto the third material or article worked upon (comprising stabilizer bar portion 17); and a switching mechanism (comprising switching first actuator and/or switching second actuator) configured to switch, in a space where the first bonding member holds the first material or article worked upon (see Figure 6), between a first state (as shown in Figure 6) in which a gap is formed between the first bonding member (between left and right outer surfaces of contact surface 72 and between 77) and a part of a side surface of the first material or article worked upon (outer side surface of 20 not contacting 72) continuous with a crimping surface (of the first material or article worked upon) to be crimped with the second material or article worked upon (the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above) and a second state (see Figures 8 and/or 9) in which the gap is filled to control a position of the first material or article worked upon (see Figures 6, 8, and 9 and Paragraphs 0016 and 0074-0079).
As to the limitations in claim 1 of “for crimping and bonding first and second members constituting a damping member to a bonded member”, the claim is directed to an apparatus wherein these limitations are directed to the materials or articles worked upon by the apparatus and/or functional limitations. Inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims (see MPEP 2115). Further, a claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on (see MPEP 2114). Tsunekawa teaches all of the structural limitations of the claim as set forth above and is configured “for crimping and bonding first and second members constituting a damping member to a bonded member” wherein as the first and second materials or articles worked upon are first and second members constituting a damping member and as the third material or article worked upon is a bonded member.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gi (KR 10-1354446 and see also the machine translation).
Regarding claim 1, Gi discloses a bonding jig configured for crimping and bonding a first material or article worked upon to a second material or article worked upon, the bonding jig comprising: a first bonding member (comprising main body 100) configured to hold the bottom half of the first material or article worked upon (comprising bush 10); a second bonding member (comprising fixing bracket 20) configured to hold the upper half of the first material or article worked upon (comprising bush 10) and cover the first bonding member to crimp the first material or article worked upon onto the second material or article worked upon (comprising stabilizer bar portion 2); and a switching mechanism (comprising switching bolts B) configured to switch, in a space where the first bonding member holds the first material or article worked upon (see Figure 6), between a first state (as shown in Figure 6) in which a gap is formed between the first bonding member (between the fastening arm 200) and a part of a side surface of the first material or article worked upon (bottom half of 10) and the second bonding member and a second state (see Figure 7) in which the gap is filled to control a position of the first material or article worked upon (see Figures 1 and 6-9 and Page 5 of the machine translation).
As to the limitations in claim 1 of “for crimping and bonding first and second members constituting a damping member to a bonded member” and “a side surface of the first member continuous with a crimping surface with the second member”, the claim is directed to an apparatus wherein these limitations are directed to the materials or articles worked upon by the apparatus and/or functional limitations (see MPEP 2114 and 2115 discussed above). Gi teaches all of the structural limitations of the claim as set forth above and is configured “for crimping and bonding first and second members constituting a damping member to a bonded member” and “a side surface of the first member continuous with a crimping surface with the second member” (the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above) wherein as the first material or article worked upon is first and second members constituting a damping member (e.g. bush 10 cut in half as two members wherein the first member is the lower half and having a side surface continuous with an upper crimping surface and the second member is the upper half and having a lower crimping surface) and as the second material or article worked upon is a bonded member.
Allowable Subject Matter
Claim 2 would be allowable if rewritten as suggested above to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to teach a bonding jig for crimping and bonding first and second members constituting a damping member to a bonded member as claimed and wherein the first bonding member includes a bottom surface portion on which the first member is placed, and first and second wall portions erected from the bottom surface portion, the switching mechanism includes a spring configured to bias the first and second wall portions in directions away from each other, in the first state, the first and second wall portions are positioned in directions away from each other, and in the second state, the first and second wall portions are brought close to each other according to a load applied when the second bonding member is placed on the first bonding member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN L GOFF II whose telephone number is (571)272-1216. The examiner can normally be reached 7:30 AM - 4:00 PM EST Monday - Friday.
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/JOHN L GOFF II/Primary Examiner, Art Unit 1746
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