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 and 3 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 "the radially inward direction" in lines 5 and 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 is rejected for its dependence to 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.
Claims 1, 3 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Helmut (EP 0286787).
Helmut discloses and shows a gear structure comprising:
a gear member including:
an outer circumferential surface provided with a plurality of gear teeth; and
an inner circumferential surface (3) disposed in a radially inward direction from the outer circumferential surface;
an annular mass body (5) disposed in the radially inward direction from the inner circumferential surface, the annular mass body including an outer circumferential surface that faces the gear teeth and an inner circumferential surface that is located radially inward from the outer circumferential surface of the annular mass body; and
an elastic body (4) interposed between the inner circumferential surface of the gear member and the outer circumferential surface of the mass body.
Cl. 3 – the gear member includes:
an annular first portion including the outer circumferential surface and the inner circumferential surface;
an annular second portion disposed in the inward direction from the first portion; and
an annular connecting portion (at 2) interposed between the first portion and the second portion, the annular connecting portion connecting the first portion and the second portion to each other,
wherein the mass body is interposed between the first portion and the second portion, and
wherein the elastic body is interposed between the first portion and the mass body.
Cl. 4 – Helmut discloses and shows a gear structure comprising:
a gear member including:
an outer circumferential surface provided with a plurality of gear teeth; and
an inner circumferential surface disposed in an inward direction from the outer
circumferential surface;
an annular mass body (5) disposed in the inward direction from the inner circumferential surface; and
an elastic body (4) interposed between the gear member and the mass body, wherein the gear member includes:
an annular first portion including the outer circumferential surface and the inner circumferential surface;
an annular second portion disposed in the inward direction from the first portion; and
an annular connecting portion (at 2) interposed between the annular first portion and the annular second portion, the annular connecting portion connecting the annular first portion and the annular second portion to each other,
wherein the mass body is interposed between the annular first portion and the annular second portion, and
wherein the mass body faces the annular connecting portion across a gap and not via the elastic body.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618