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 10, 13, 15-16, and 20-21 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 10, which depends from claim 1, recites a vibration control damper for dampening vibration of a structure, comprising: a shaft member displaced by the vibration; a stiffening member for preventing buckling of the shaft member; and the cumulative displacement gauge according to Claim 1, which is confusing. Claim 1, from which claim 10 depends, recites displaced second and first members, and claim 10 recites a displaced “a shaft member” and “a stiffening member”. As such, the meets and bounds of the claim are unclear, as the newly introduced claim elements, the “a shaft”, apparently corresponds to the previously recited first element and the “a stiffening member” apparently corresponds to the previously recited second element. It is assumed claim 10 recites a vibration control damper for dampening vibration of a structure, comprising: a shaft member displaced by the vibration; a stiffening member for preventing buckling of the shaft member; and the cumulative displacement gauge according to Claim 1 for measuring displacement of the shaft member relative to the stiffening member, the shaft member corresponding to the first member and the stiffening member corresponding to the second.
Allowable Subject Matter
Claims 1, 5, 7-9, and 17-19 are allowed because the best reference of record, Yatsugi (JP2013194748), teaches the claimed gauge except for the first rack having teeth whose tooth surface in a first direction along the displacement direction is a concave surface and whose tooth surface in a second direction that is a direction opposite to the first direction is an inclined surface having a predetermined angle relative to the displacement direction, the second rack having teeth whose tooth surface in the first direction is an inclined surface having a predetermined angle relative to the displacement direction and whose tooth surface in the second direction is a concave surface, the pinion having odd number of teeth, wherein when the second member is displaced in the first direction while the tooth surface of the concave surface of the second rack meshes with the teeth of the pinion, the teeth of the pinion that have meshed with the tooth surface of the concave surface of the second rack are repelled by the tooth surface of the inclined surface of the teeth in the second direction of the second rack, and the second rack is separated from the pinion, and the positions of the first rack and the second rack relative to the pinion are controlled by the position control member so that the tooth surface of the concave surface of the first rack meshes with the tooth of the pinion, and the first rack causes rotation of the pinion in a cumulative rotation direction, and when the second member is displaced in the second direction while the tooth surface of the concave surface of the first rack meshes with the teeth of the pinion, the teeth of the pinion that have meshed with the tooth surface of the concave surface of the first rack are repelled by the tooth surface of the inclined surface of the teeth in the first direction of the first rack, and the first rack is separated from the pinion, and the positions of the first rack and the second rack relative to the pinion are controlled by the position control member so that the tooth surface of the concave surface of the second rack meshes with the tooth of the pinion, and the second rack causes rotation of the pinion in the cumulative rotation direction. It would not have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yatsugi so the pinion teeth have the claimed inclines/angled respective tooth surfaces that mesh as claimed with a pinion having an odd number of teeth because the art of record does not teach such a rack and pinion tooth structure/relationship, Applicant additionally disclosing criticality for the rack tooth geometry (paras. 34-35) and pinion tooth number (para. 36).
Finally, the claim is understood to be drawn to, in combination, a gauge, second member, and first member because the applicant has positively recited claim elements other than the apparatus (the gauge). The following are examples of positive recitations of the second and first members. The claim recites the first rack “attached” to the second member, the second rack “attached” to the second member, and the pinion “supported by” the first member. In re Larsen, 10 Fed. App’x 890 (Fed. Cir. 2001)
Claims 10, 13, 15-16, and 20-21 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DANIEL J KENNY/Examiner, Art Unit 3633
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