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.
Claim 6 is 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 6 requires “wherein the second characteristic deviating from the taper provides an increase in a fatigue resistance property of the acoustic black hole,” which is indefinite. Applicant has not established an amount or baseline of fatigue resistance from which the second characteristic deviating from the taper provides an increase from. Is applicant referring the an increase from what a fatigue resistance would be if the second characteristic were eliminated and there were a continuous taper? If that is the case, Applicant must establish some comparative structure having a given fatigue resistance from which the claimed “increase” is relative to. The breadth of claim 1, from which 6 depends is so broad in that it does not specify what the second characteristic is beyond “a deviation from a taper”, which could include a number of “characteristics”. The claim will be interpreted as though the fatigue resistance increase is relative to a structure having a continuous taper lacking the second characteristic deviation.
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.
Claims 1-9, 12-14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qidi (“Dynamic Property Investigation of Segmented Acoustic Black Hole Bean with Different Power-law Thicknesses” – cited by Applicant).
With respect to claim 1, Qidi teaches an acoustic black hole (Figures 1 and 3 – see annotated view of Figure 1 below) comprising: in a first axis (defined by X-axis), along a line, a variation from a first characteristic to a second characteristic to a third characteristic (taper/deviation characteristics similar to Applicant’s clearly seen in annotated Figure below), wherein the acoustic black hole comprises a taper from the first characteristic to the third characteristic (taper clearly seen in annotated Figure below), and wherein the second characteristic is a deviation (deviation in taper clearly seen in annotated Figure below) from the taper.
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With respect to claim 2, Qidi teaches wherein the first characteristic is provided in a first region, the second characteristic is provided in a second region, and the third characteristic is provided in a third region (clearly seen in annotated Figure above).
With respect to claim 3, Qidi teaches wherein each of the first, second and third characteristic is one or more of: a gradient; a rate of change of gradient; an increase in gradient or rate of change of the gradient; a zero gradient; a plateau; a peak (clearly seen in annotated Figure above).
With respect to claim 4 Qidi teaches wherein each of the first, second and third characteristic is a spatial property, a thickness, and/or a shape (clearly seen in annotated Figure above).
With respect to claim 5, Qidi teaches wherein each of the first, second and third characteristic is a thickness, and the second thickness is greater than the first thickness and/or the third thickness (clearly seen in annotated Figure above).
With respect to claim 6, Qidi teaches wherein the second characteristic deviating from the taper (see annotated Figure above) provides an increase in a fatigue resistance property of the acoustic black hole. Note the interpretation of claim 6 in 112b rejection above, the fatigue resistance increase is relative to a structure having a continuous taper lacking the second characteristic deviation. Because the second characteristic increases a thickness in a region that would otherwise be thinner if not for the taper deviation, it is considered to provide an increase in fatigue resistance due to the increases thickness.
With respect to claim 7, Qidi teaches wherein the variation includes a change in a material and/or a material property (see annotated Figure above). The Examiner considers the variation in thickness to include a material property change in rigidity of the overall structure.
With respect to claim 8, Qidi teaches wherein the material property is a rigidity and/or density (see annotated Figure above). The Examiner considers the variation in thickness to include a material property change in rigidity of the overall structure.
With respect to claim 9, Qidi teaches wherein each of the first, second and third characteristic is associated with a characteristic (clearly seen in annotated Figure above), and in a second axis (defined by Y-axis, perpendicular to the X and Z axis seen in Figures 1 and 3), perpendicular to the line, there is: no variation in the characteristic (clearly seen in Figures 9, 11 and 13).
With respect to claim 12, Qidi teaches structurally damped structure comprising: an acoustic black hole (see annotated Figure above) according to any one of claim 1; and a primary structure (see Figure 6, defined by platform/plate onto which the segmented acoustic black hole is mounted).
With respect to claim 13, Qidi teaches wherein the primary structure is a plate (see Figure 6, defined by platform/plate onto which the segmented acoustic black hole is mounted).
With respect to claim 14, Qidi teaches further comprising a damping material (defined by damping layer) provided on at least a region (i.e. left-hand end region) of the acoustic black hole.
With respect to claim 16, Qidi teaches wherein each of the first, second and third characteristic is associated with a characteristic, and in a second axis, perpendicular to the line, there is variation in the characteristic.
With respect to claim 17, Qidi teaches further comprising a damping material (defined by damping layer) provided on at least a region (i.e. left-hand end region) of the acoustic black hole.
With respect to claim 18, Qidi teaches an acoustic black hole (Figures 1 and 3 – see annotated view of Figure 1 below) comprising: in a first axis (defined by X-axis), along a line, a variation from a first thickness to a second thickness to a third thickness (thicknesses clearly seen in annotated Figure below), wherein the acoustic black hole comprises a taper having a rate of change from the first thickness to the third thickness (taper clearly seen in annotated Figure below); wherein the second thickness causes a change in the rate of change of the taper from the first thickness to the third thickness (change in the rate of change of the taper clearly seen in annotated Figure below).
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Claims 1-4, 7-8, and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang (CN 114141223 A – cited by Applicant).
With respect to claim 1, Liang teaches an acoustic black hole (Figures 1- 3 – see annotated view of Figure 3 below) comprising: in a first axis (defined by X-axis), along a line, a variation from a first characteristic to a second characteristic to a third characteristic (taper/deviation characteristics similar to Applicant’s clearly seen in annotated Figure below), wherein the acoustic black hole comprises a taper from the first characteristic to the third characteristic (taper clearly seen in annotated Figure below), and wherein the second characteristic is a deviation (deviation in taper clearly seen in annotated Figure below) from the taper.
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With respect to claim 2, Liang teaches wherein the first characteristic is provided in a first region, the second characteristic is provided in a second region, and the third characteristic is provided in a third region (clearly seen in annotated Figure above).
With respect to claim 3, Liang teaches wherein each of the first, second and third characteristic is one or more of: a gradient; a rate of change of gradient; an increase in gradient or rate of change of the gradient; a zero gradient; a plateau; a peak (clearly seen in annotated Figure above).
With respect to claim 4 Liang teaches wherein each of the first, second and third characteristic is a spatial property, a thickness, and/or a shape (clearly seen in annotated Figure above).
With respect to claim 7, Liang teaches wherein the variation includes a change in a material and/or a material property (see annotated Figure above). The Examiner considers the variation in thickness to include a material property change in rigidity of the overall structure.
With respect to claim 8, Liang teaches wherein the material property is a rigidity and/or density (see annotated Figure above). The Examiner considers the variation in thickness to include a material property change in rigidity of the overall structure.
With respect to claim 10, Liang teaches wherein the acoustic black hole has a circular form (clearly seen in Figures 2-3).
With respect to claim 11, Liang teaches wherein the second characteristic, or a region in which the second characteristic is provided, is provided in an annular region (See Figures 2 and 3). Note second characteristic/second characteristic region is denoted by sound deceleration area #3, which is clearly an annular region.
Claims 18-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated as being anticipated by Ji (CN 106023974 B).
With respect to claim 18, Ji teaches an acoustic black hole (Figures 1- 3 – see annotated view of Figure 5A below) comprising: in a first axis (defined by X-axis), along a line, a variation from a first thickness to a second thickness to a third thickness (thicknesses clearly seen in annotated Figure below), wherein the acoustic black hole comprises a taper having a rate of change from the first thickness to the third thickness (taper clearly seen in annotated Figure below); wherein the second thickness causes a change in the rate of change of the taper from the first thickness to the third thickness (change in the rate of change of the taper clearly seen in annotated Figure below).
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With respect to claim 19, Ji teaches wherein the second thickness is greater than the first thickness and the third thickness (clearly seen in annotated Figure above).
With respect to claim 20, Ji teaches wherein a first region of the acoustic black hole comprises the first thickness, a second region of the acoustic black hole comprises the second thickness, and a third region of the acoustic black hole comprises the third thickness (clearly seen in annotated Figure above), and at least one of the first, second and third regions comprises a material (defined by damping material in the second and third regions/thickness areas) and/or a material property that is different from a material (defined by lack of damping material in the first region/thickness area) and/or a material property of at least one other of the first, second and third regions.
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Qidi (“Dynamic Property Investigation of Segmented Acoustic Black Hole Bean with Different Power-law Thicknesses” – cited by Applicant) in view of Bae Systems (EP 3716263 – cited by Applicant).
With respect to claim 15, Qidi teaches a structural damper comprising: the acoustic black hole according to claim 1 (defined by ABH beam of Figure 1) and a primary structure (defined by segmented ABH beam).
Qidi fails to teach wherein the structural damper further includes at least one sensor; an actuator configured to apply an actuating force to a primary structure and/or to the acoustic black hole; and a controller configured to control the actuator in dependence on a signal from the at least one sensor so as to provide structural damping of the primary structure.
Bae Systems teaches a structural damper (Figure 1, #2) comprising a similar the acoustic black hole (5, when combined with Qidi), wherein the structural damper (2) further includes at least one sensor (7); an actuator (8) configured to apply an actuating force to the a primary structure (3) and/or to the acoustic black hole (5); and a controller (H) configured to control the actuator (8) in dependence on a signal from the at least one sensor (7) so as to provide structural damping of the primary structure (3) (see abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Qidi, with the apparatus of Bae Systems so as to advantageously improve the low-frequency performance of an acoustic black hole (ABH), by incorporating a controller and actuator, to provide a controlled actuating force to the damper structure (See Bae Systems, [0012]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
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