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
Claims 2 and 5 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.
Regarding claims 2 and 5, the recited feature “adequate viscosity” is not defined by the specification, nor are values provided that would define what viscosity is adequate for carrying out the claimed invention.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 50-97075 B2.
Re-claims 1 and 3, JP ‘075 disclose a rotary damper (and a valve for a rotary damper) comprising: an oil chamber S1/S2; a rotor 43; a first surface seals an end of the oil chamber; a second surface seats another end of the oil chamber (see at least figure 2); a valve 60 includes: a first end surface (adjacent 62a) faces the first surface; a second end surface (adjacent 62b) faces the second surface (see figure 2); a back surface 63 faces a curved surface of the oil chamber (interior surface of the chamber); a valve part 61 closes an oil path formed between the valve and the rotor to prevent oil injected in the oil chamber from flowing back through the oil path (see figure 6a); an uneven part is located on the back surface, the uneven part includes a recess (as defined by 64a and 64b) and a projection (as defined by 63a and 63b), the recess 64a/63b forms a gap between the curved surface and the uneven part, the gap has a cross section to reduce due to wear on the projection, and a function of the valve part is protected against the wear on the projection (this recited feature is interpreted as functional). The device of JP ‘075 has the recited physical features of the instant claim, and as such is interpreted as being capable of carrying out the recited function related to wear. In addition, the valve part 61 is positioned inwardly, as in the instant invention, as such the function (or the ability of the valve part of close the oil path) is not affected, and the back surface is spaced from the interior surface as in the instant invention.
Re-claims 2 and 5, the oil has a viscosity that will cooperate with the gap during damping functions (such as when in the condition shown in figure 6a) and non-damping functions (such as when in the condition shown in figure 6b).
Re-claim 4, JP ‘075 discloses a method for preventing a reduction in torque of a rotary damper due to wear on a valve, the rotary damper including: an oil chamber; a rotor; a first surface occluding an end of the oil chamber; a second surface occluding another end of the oil chamber; and the valve including: a first end surface facing the first surface; a second end surface facing the second surface; a back surface facing a curved surface of the oil chamber S1/S2; an uneven part is formed on the back surface, the uneven part includes a recess 64a/64b and a projection 63a/63b, the recess forms a gap between the curved surface and the uneven part, the gap has a cross section to reduce due to wear on the projection; a valve part 61 closes an oil path formed between the rotor and the valve to prevent oil injected in the oil chamber from flowing back through the oil path (see at least figure 6a), a function of the valve part 61 is protected against the wear on the projection, the method comprising: preventing, by a reduction in the cross section of the gap due to the wear on the projection, the reduction in torque due to an increased gap between the second end surface and the second surface due to wear on the first end surface or the reduction in torque due to an increased gap between the first end surface and the first surface due to wear on the second end surface. As best understood by the Office, reducing wear due to contact between the end surfaces and surfaces improves a lifespan of the valve, as this wear results in a gap formation and thus reduced torque, due to increased flow between the two surfaces. The technical solution description of JP ‘075 discloses a desire to reduce damage to the check valve, and as such wear. In addition, the outer surface of the check valve is not intended to sit tightly against the inner surface of the chamber, see last paragraph in the technical solution description.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hungerford, Sorimachi, Okabe, Kuramochi, Iwashita, Simura, Hayashi, Nakatani and Toyoda each teach a rotary damper with a valve controlling a fluid flow.
Any inquiries concerning this communication or earlier communications from the
examiner should be directed to Thomas Williams whose telephone number is 571-272-7128.
The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 571-272-6584.
TJW /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 August 27, 2026
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