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 .
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 1-10, 13, 17, and 18 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.
Re: claim 1. The phrase “the bearing” lacks proper antecedent basis in the claim. The claim previously recited a bearing assembly.
Re: claim 3. The phrase “a mass” is indefinite. It is unclear whether the mass in claim 3 is intended to be the same or different from the earlier recited mass.
Re: claim 10. The phrases “the mount” and “the outer frame assembly” lack proper antecedent basis in the claim.
Re: claims 13 and 18. The phrases “a cap” and “a removable disk cap”, respectively are indefinite. It is unclear whether the cap is intended to be the same or different from the earlier recited cap.
Re: claim 17. The phrase “the mass” lacks proper antecedent basis in the claim.
The remaining claim is indefinite due to its dependency from claim 1.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-3, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE-102016223371 (DE’371).
Re: claim 1. DE’371 shows in figures 2 and 3 an adjustable frequency vibration reduction apparatus, comprising: an outer frame 4 configured to house an inner frame 5; an inner frame assembly disposed within the outer frame, wherein the inner frame
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assembly comprises: an inner frame 5; an elastomeric material 3a inside the inner frame as shown in figure 2; a mass 22 inside the elastomeric material; and a bearing assembly 7, 8 inside the mass, wherein the bearing assembly is configured to enable rotation of the inner frame assembly, particularly the elastomeric material which is described as being rotatable as broadly recited, within the outer frame 4; and at least one directional guide 10 mechanically coupled to the bearing and the outer frame via intervening elements, as broadly recited, as shown in figure 2, wherein the outer frame 4 is mounted to a structure 20 as shown in figure 1, and rotation of the inner frame assembly is configured for adjusting a working frequency of the adjustable frequency vibration reduction apparatus.
Re: claim 2. DE’371 shows in figures 1-3 wherein the mass 22 comprises a cross-sectional shape i.e. at the top it is not shown to be annular as shown in figure 1 that is different from a cross-sectional shape of the outer frame 4 which is shown to be annular.
Re: claim 3. DE’371 shows in figures 1-3 comprising a mass 22 having a non-
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cylindrical cross-sectional shape configured around the bearing 7 as shown in figure 2 since element 22 is not cylindrical because it does not have two parallel identical circular bases connected by a curved surface. As shown the smaller circular bottom base is not identical to the larger circular top base that is circled, as broadly recited.
Re: claim 8. DE’371 shows in figures 1-3 the limitation wherein the apparatus comprises a mount 20 configured on the outer frame 4 for rigidly mounting the outer frame 4 to a structure.
Re: claim 9. DE’371 shows in figures 1-3 the use of a removable disk cap 10 over the inner frame 5 or particularly the lower portions of the inner frame below element 10 configured to rotate the inner frame assembly.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE’371 in view of JP-2008240954 (JP’954).
DE’371 is silent with regard to the elastomeric material comprising thickness that varies in a circumferential direction.
JP’954 teaches in the paragraph beginning “Therefore, for example, Patent Document 3” the use of an elastomeric material comprising thickness that varies in a circumferential direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the elastomeric material of DE’371 to have had a thickness that varies in a circumferential direction, in view of the teachings of JP’954, in order to provide a means of tuning the stiffness and deformation locally and encouraging controlled deformation.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE’371 in view of EP-1279856 (EP’856) and EP-1686282 (EP’282).
DE’371 shows in figures 1-3 the limitation wherein the mass comprises a cylindrical cross-sectional shape or the portion of element 22 below the circled portion in the annotated drawing on pg. 4 of the instant Office action, but is silent with regard to the elastomeric material comprising a plurality of sections having elastomers of different stiffness.
EP’856 teaches in figure 2 the use of an elastomer material comprising a plurality of sections 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the elastomer material of DE’371 to have comprised a plurality of sections, in view of the teachings of EP’856, in order to provide a means of individual pieces that facilitate repair of sections of the elastomeric material instead of having to replace the entire component.
DE’371, as modified, is silent with regard to the elastomeric material having a different stiffness a different circumferential areas.
EP’282 teaches in the paragraph under Description the use of the use of an elastomer material having varying stiffness in the circumferential direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the stiffness of the elastomer material sections of DE’371, as modified, to have had different stiffnesses, in view of the teachings of EP’282, in order to provide a means of tuning the stiffness and deformation locally and encouraging controlled deformation. Examiner notes that in at least one direction of the varying stiffness in the circumferential direction, the stiffness decreases as broadly recited.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE’371 in view of CN-116062154 (CN’154).
DE’371 is silent with regard to the mass comprising a set of interchangeable cylindrical masses.
CN’154 teaches in figure 3 the use of a mass comprising a set of interchangeable cylindrical masses 10, 20, 30, 40.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the mass of DE’371 to have comprised a set of interchangeable cylindrical masses, in view of the teachings of CN’154, in order to provide a means to facilitate the adjustment of the damping capacity of the vibration apparatus depending on the particular application.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE’371 in view of US Patent 6065742 to Whiteford and US Patent 7175150 to Chi.
DE’371 is silent with regard to a plurality of set screws configured to secure the outer frame assembly in place relative to the mount.
Whiteford teaches in figure 1 the use of fasteners configured to secure an outer frame assembly 26 in place relative to a mount 22.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the coupling of DE’371 to have been fasteners configured to secure an outer frame assembly in place relative to a mount, in view of the teachings of Whiteford, in order to provide a means of reliably securing the outer frame assembly to the structure that is vibrating.
Chi teaches the use of fasteners connecting an outer member 12 to a mount 21 in the environment of a vibration damping system being screws.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the fasteners coupling the outer frame assembly to the mount of DE’371, as modified, to have been screws, in view of the teachings of Chi, in order to provide a type of fastener that is readily available and less expensive due to its availability.
Allowable Subject Matter
Claims 11, 12, 14-16, 19, and 20 are allowed.
Claims 13, 17, and 18 would be allowable if rewritten 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Applications: 2018/0223936 and 2014/0360830 teach the use of similar elastic members usable in a vibration reduction environment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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August 29, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616
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