DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 9/03/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. No copy of NPLs #3, 15, 27 and 29 have been received.
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 4-15 and 19-22 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.
Claims 4, 7-8, 11-12, 15, 19 and 22 all recite “one or more high-speed rod wipers”. The specification also discloses this term, but otherwise does not discuss any speed or velocity. It is not clear from the disclosure what is encompassed by “high-speed” wipers.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brotherton (US# 3759146).
Brotherton discloses all the limitations of the instant claim including; a sealing ring assembly comprising: a cylindrical cap 29, wherein the cylindrical cap comprises a circular axial hole 33 centered on the axis of the cylindrical cap, the circular axial hole having a piston portion having a first diameter to accommodate a damper piston 32, a sealing ring portion (at 53) having a second diameter to accommodate one or more sealing rings 53, and a wiper portion (at 54) having a third diameter (at 54 or at 55) to accommodate one or more high-speed rod wipers 54; the one or more sealing rings 53; and the one or more high-speed rod wipers 54.
Claim Rejections - 35 USC § 103
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.
Claims 1-5 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the admitted prior art of figure 1 in view of Jeram et al (US# 4011929) or Brotherton (US# 3759146).
The admitted prior art of figure 1 discloses a pressurized granular-material damper comprising: a damper cylinder 105 comprising a first piston opening 130 at a first end of the damper cylinder and a second piston opening 135 at a second end of the damper cylinder, the first and second piston openings disposed on a longitudinal axis of the damper cylinder; a damper piston 110 comprising a first piston end and a second piston end, wherein the damper piston is disposed on the longitudinal axis 125 of the damper cylinder with the first piston end extending outward through the first piston opening 130 and the second piston end extending through the second piston opening 135, and wherein the damper piston is configured to move bidirectionally along the longitudinal axis of the damper cylinder; a damper sphere 115 mounted on the damper piston in an interior of the damper cylinder, wherein a diameter of the damper sphere is less than an inner diameter of the damper cylinder; pressurized granular material 120 filling the interior of the damper cylinder, wherein the pressurized granular material dissipates energy as the damper sphere moves with the damper piston along the longitudinal axis of the damper cylinder. The admitted prior art of figure 1 further shows an end cap disposed around the damper piston in the interior of the damper cylinder proximately to either the first piston opening or the second piston opening or but lack the explicit disclosure of any sealing function. Jeram et al disclose a similar pressurized granular-material damper and further teach one or more sealing ring assemblies (12 in figure 1; or 12/42/44 in figure 2), each sealing ring assembly disposed around the damper piston 4 in the interior of the damper cylinder 2 proximately to either the first piston opening or the second piston opening or both to prevent or reduce leakage of the pressurized granular material from the interior of the damper cylinder. Brotherton discloses a piston/cylinder device and further teaches one or more sealing assemblies 29 to ensure the cylinder is properly sealed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use seals or the sealing assembly taught by Jeram et al or Brotherton in the device of the admitted prior art to prevent extrusion loss of the damping media.
Regarding claim 2, Jeram et al teaches the one or more sealing ring assemblies is sized and disposed to tune the leak-resistant pressurized granular material damper to a selected frequency. Col. 2, lines 63-68.
Regarding claim 3, the admitted prior art of figure 1 discloses that the granular material is sand.
Regarding claim 4, Brotherton teach a sealing ring assembly comprising: a cylindrical cap 29, wherein the cylindrical cap comprises a circular axial hole 33 centered on the axis of the cylindrical cap, the circular axial hole having a piston portion having a first diameter to accommodate a damper piston 32, a sealing ring portion (at 53) having a second diameter to accommodate one or more sealing rings 53, and a wiper portion (at 54) having a third diameter (at 54 or at 55) to accommodate one or more high-speed rod wipers 54; the one or more sealing rings 53; and the one or more high-speed rod wipers 54.
Regarding claim 5, the admitted prior art further lacks specific disclosure of the cylindrical cap comprising steel. Brotherton teach steel for components of a piston/cylinder arrangement (col. 1, lines 19-21, col. 2, lines 51-52, col. 3, lines 35-36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize steel for the cap of the admitted prior art, as an art recognized suitable material which is sufficiently strong and economical for the application. Note MPEP 2144.07.
Regarding claim 16, the admitted prior art of figure 1 and corresponding description [0025] disclose a method comprising: providing a pressurized granular-material damper comprising: a damper cylinder 105 comprising a first piston opening 130 at a first end of the damper cylinder and a second piston opening 135 at a second end of the damper cylinder, the first and second piston openings disposed on a longitudinal axis of the damper cylinder; a damper piston 110 comprising a first piston end and a second piston end, wherein the damper piston is disposed on the longitudinal axis of the damper cylinder with the first piston end extending outward through the first piston opening and the second piston end extending through the second piston opening, and wherein the damper piston is configured to move bidirectionally along the longitudinal axis of the damper cylinder; a damper sphere 115 mounted on the damper piston in an interior of the damper cylinder, wherein a diameter of the damper sphere is less than an inner diameter of the damper cylinder; and pressurized granular material 120filling the interior of the damper cylinder, wherein the pressurized granular material dissipates energy as the damper sphere moves with the damper piston along the longitudinal axis of the damper cylinder. The admitted prior art of figure 1 further shows an end cap disposed around the damper piston in the interior of the damper cylinder proximately to either the first piston opening or the second piston opening or but lack the explicit disclosure of any sealing function. Jeram et al disclose a similar pressurized granular-material damper and further teach one or more sealing ring assemblies (12 in figure 1; or 12/42/44 in figure 2), each sealing ring assembly disposed around the damper piston 4 in the interior of the damper cylinder 2 proximately to either the first piston opening or the second piston opening or both to prevent or reduce leakage of the pressurized granular material from the interior of the damper cylinder. Brotherton discloses a piston/cylinder device and further teaches one or more sealing assemblies 29 to ensure the cylinder is properly sealed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use seals or the sealing assembly taught by Jeram et al or Brotherton in the device of the admitted prior art to prevent extrusion loss of the damping media.
Regarding claim 17, Jeram et al further teach varying the internal static pressure of the damper by changing the depth a plug 12 is inserted (abstract, col. 2, lines 63-68). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the size of the plug of the admitted prior art and Jeram as an alternative means of tuning the damper which ensures the damper maintains the desired tuning.
Regarding claim 18, wherein the granular material is sand.
Regarding claim 19, Brotherton teach a sealing ring assembly comprising: a cylindrical cap 29, wherein the cylindrical cap comprises a circular axial hole 33 centered on the axis of the cylindrical cap, the circular axial hole having a piston portion having a first diameter to accommodate a damper piston 32, a sealing ring portion (at 53) having a second diameter to accommodate one or more sealing rings 53, and a wiper portion (at 54) having a third diameter (at 54 or at 55) to accommodate one or more high-speed rod wipers 54; the one or more sealing rings 53; and the one or more high-speed rod wipers 54.
Regarding claim 20, the admitted prior art further lacks specific disclosure of the cylindrical cap comprising steel. Brotherton teach steel for components of a piston/cylinder arrangement (col. 1, lines 19-21, col. 2, lines 51-52, col. 3, lines 35-36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize steel for the cap of the admitted prior art, as an art recognized suitable material which is sufficiently strong and economical for the application. Note MPEP 2144.07.
Claim(s) 6-7 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over the admitted prior art of figure 1 and Jeram et al (US# 4011929) or Brotherton (US# 3759146), as applied to claims 4 or 19 above, in further view of Lanterman et al (US# 2005/0051935) or DeYoung et al (US# 4561641).
Regarding claims 6 and 21, the admitted prior art of figure 1, as modified above, disclose all the limitations of the instant claim with exception to the one or more sealing rings comprising PTFE. Lanterman et al and DeYoung et al both disclose sealed piston/cylinder devices and further teach PTFE for sealing rings. 14j1-7, 14j2-7 [0044] of Lanterman et al and 66, Col. 5, lines 26-28 of DeYoung et al. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize PTFE for the seals of the admitted prior art, as taught by Lanterman et al or DeYoung et al, to provide a seal with low friction and favorable wear characteristics.
Regarding claims 7 and 22, the admitted prior art of figure 1, as modified above, disclose all the limitations of the instant claim with exception to the one or more high-speed wiper rings comprising PTFE. Lanterman et al disclose a sealed piston/cylinder device and further teach PTFE for a high-speed wiper ring 14ws [0029]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize PTFE for the wiper ring of the admitted prior art of figure 1 and Brotherton, as taught by Lanterman et al, to provide a wiper ring with low friction and favorable wear characteristics.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brotherton (US# 3759146).
Brotherton discloses all the limitations of the instant claim with exception to the cylindrical cap comprising steel. Brotherton is silent as to the material of the cap, but teaches steel for other components of a piston/cylinder arrangement (col. 1, lines 19-21, col. 2, lines 51-52, col. 3, lines 35-36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize steel for the cap as well, as it is an art recognized suitable material for piston/cylinder arrangements which is sufficiently strong and economical for the application. Note MPEP 2144.07.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brotherton (US# 3759146) in view of Lanterman et al (US# 2005/0051935) or DeYoung et al (US# 4561641).
Brotherton discloses all the limitations of the instant claim with exception to the one or more sealing rings comprising PTFE. Brotherton is silent as to the composition of the sealing ring 53. Lanterman et al and DeYoung et al both disclose sealed piston/cylinder devices and further teach PTFE for sealing rings. 14j1-7, 14j2-7 [0044] of Lanterman et al and 66, Col. 5, lines 26-28 of DeYoung et al. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize PTFE for the seals of Brotherton, as taught by Lanterman et al or DeYoung et al, to provide a seal with low friction and favorable wear characteristics.
Regarding claim 11, Brotherton discloses all the limitations of the instant claim with exception to the one or more high-speed wiper rings comprising PTFE. Lanterman et al disclose a sealed piston/cylinder device and further teach PTFE for a high-speed wiper ring 14ws [0029]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize PTFE for the wiper ring of Brotherton, as taught by Lanterman et al, to provide a wiper ring with low friction and favorable wear characteristics.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brotherton (US# 3759146) in view of Fannin et al (US# 4534545).
Brotherton discloses a sealing ring assembly comprising: a cylindrical cap 29, wherein the cylindrical cap comprises a circular axial hole 33 centered on the axis of the cylindrical cap, the circular axial hole having a piston portion having a first diameter to accommodate a damper piston 32, a sealing ring portion (at 53) having a second diameter to accommodate one or more sealing rings 53, and a wiper portion (at 54) having a third diameter (at 54 or at 55) to accommodate one or more high-speed rod wipers 54; the one or more sealing rings 53; and the one or more high-speed rod wipers 54; and a plurality of threaded fasteners 40 suitable for securing each sealing ring assembly to an interior surface of a damper cylinder of a pressurized granular-material damper. Brotherton lack the disclosure of the elements being in the form of a kit. Fannin et al disclose a similar piston/cylinder device and further teach a repair or replacement kit including elements similar to the sealing ring assembly of Brotherton. Col. 2, lines 63-65. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the elements of the sealing assembly of Brotherton in a kit, as taught by Fannin et al, to facilitate maintenance of the device in an economical and convenient manner.
Regarding claim 13, Brotherton is silent as to the material of the cap, but teaches steel for other components of a piston/cylinder arrangement (col. 1, lines 19-21, col. 2, lines 51-52, col. 3, lines 35-36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize steel for the cap as well, as it is an art recognized suitable material for piston/cylinder arrangements which is sufficiently strong and economical for the application. Note MPEP 2144.07.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brotherton (US# 3759146) and Fannin et al (US# 4534545), as applied to claim 12 above, in further view of Lanterman et al (US# 2005/0051935) or DeYoung et al (US# 4561641).
Brotherton, as modified above, discloses all the limitations of the instant claim with exception to the one or more sealing rings comprising PTFE. Brotherton is silent as to the composition of the sealing ring 53. Lanterman et al and DeYoung et al both disclose sealed piston/cylinder devices and further teach PTFE for sealing rings. 14j1-7, 14j2-7 [0044] of Lanterman et al and 66, Col. 5, lines 26-28 of DeYoung et al. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize PTFE for the seals of Brotherton, as taught by Lanterman et al or DeYoung et al, to provide a seal with low friction and favorable wear characteristics.
Regarding claim 15, Brotherton, as modified above, discloses all the limitations of the instant claim with exception to the one or more high-speed wiper rings comprising PTFE. Lanterman et al disclose a sealed piston/cylinder device and further teach PTFE for a high-speed wiper ring 14ws [0029]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize PTFE for the wiper ring of Brotherton, as taught by Lanterman et al, to provide a wiper ring with low friction and favorable wear characteristics.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
Prosecution Insights