DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claims 1-6 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 linear portion being configured to be in close contact with an outer circumferential surface of the stabilizer bar” (Lines 4-5) and “wherein an inside surface of the rigid pedestal member that is in close contact with the bushing body” (Lines 8-9). It is unclear how close contact differs from contact. The Examiner suggests deleting “close”.
Claim 1 recites “an axial convex surface protruding gradually inward from both axial ends toward an axial center across an entire axial length in a portion located on a radially outer side of the linear portion” (Lines 10-13). Claim 2 recites “wherein the axial convex surface protrudes with a shape that gradually curves inward toward the axial center from portions located on the radially outer side of both axial ends of the linear portion of the bushing body, and the axial convex surface includes a straight portion at an axially center portion, the straight portion extending in an axial direction with a constant protrusion height”. The normal interpretation of the terms “axial”, “radial” and “circumferential” is inconsistent with how the applicant uses the terms in claims 1 and 2, making it unclear what is required. For example, the convex surface (50) protrudes radially, not axially. Claim 6 recites “wherein the inner circumferential surface of the bushing body includes diameter-enlarged parts on both axial sides of the linear portion, the diameter-enlarged parts expanding outward in an axial direction and being configured to be spaced away from the stabilizer bar”. The chamfered portions (24) expand in the radial direction. Although they also extend axially, this is also true of the cylindrical inner circumferential surface and does not clearly distinguish the portions.
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Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akiyama et al (US 2018/0245654).
As per claim 1, Akiyama et al discloses a stabilizer bushing (Title) configured to elastically hold a stabilizer bar (12) in position in a vehicle (16), comprising:
a bushing body (18) comprising a tubular elastic body (18; [0035]), the bushing body including a linear portion (24) on an inner circumferential surface, the linear portion being configured to be in close contact with an outer circumferential surface of the stabilizer bar (24, 21, Fig. 3); and
a rigid pedestal member (20; [0042]) arranged in an attachment-side portion of the bushing body, the attachment-side portion being configured to be attached to a vehicle body side (16, 20, Fig. 4), wherein an inside surface of the rigid pedestal member that is in close contact with the bushing body comprises:
an axial convex surface (46, Fig. 3) protruding gradually inward from both axial ends toward an axial center across an entire axial length in a portion located on a radially outer side of the linear portion; and
a circumferential concave surface (50, Fig. 4) curving in a circumferential direction.
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As per claim 2, Akiyama et al discloses the stabilizer bushing according to claim 1, wherein the axial convex surface protrudes with a shape that gradually curves inward toward the axial center from portions located on the radially outer side of both axial ends of the linear portion of the bushing body (46, Fig. 3), and
the axial convex surface includes a straight portion (53, Fig. 3) at an axially center portion, the straight portion extending in an axial direction with a constant protrusion height.
As per claim 3, Akiyama et al discloses the stabilizer bushing according to claim 2, wherein an axial length of the straight portion is set within a range of 1/10 to ½ of that of the linear portion (53, Fig. 3).
As per claim 4, Akiyama et al discloses the stabilizer bushing according to claim 1, wherein the bushing body has a configuration of two divided sections (18, Fig. 4) comprising:
the attachment-side portion configured to be attached to the vehicle body side (Lower half of bushing body 18); and
an opposite-side portion arranged opposite to and overlapped with the attachment-side portion in an axis-perpendicular direction (Upper half of bushing body 18).
As per claim 5, Akiyama et al discloses the stabilizer bushing according to claim 1, wherein the linear portion of the inner circumferential surface of the bushing body comprises a fastening surface (24) configured to be fastened to the stabilizer bar (24, 21).
Claim Rejections - 35 USC § 103
7. 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.
8. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama et al (US 2018/0245654) in view of Miyamoto (US 2010/0001448).
As per claim 6, Akiyama et al discloses the stabilizer bushing according to claim 1, but does not disclose wherein the inner circumferential surface of the bushing body includes diameter-enlarged parts on both axial sides of the linear portion, the diameter-enlarged parts expanding outward in an axial direction and being configured to be spaced away from the stabilizer bar.
Miyamoto discloses a stabilizer support structure wherein the inner circumferential surface of the bushing body includes diameter-enlarged parts (18f) on both axial sides of the linear portion, the diameter-enlarged parts expanding outward in an axial direction and being configured to be spaced away from the stabilizer bar (18f). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rubber bushing of Akiyama et al by chamfering the axial ends as taught by Miyamoto in order to prevent sand or mud from entering between the inner peripheral face of the stabilizer bush and bar (Miyamoto: [0023]).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bushings
Oh Sang Hoon (KR 2023-0164918).
Watanabe et al (US 5,290,018).
Takano (JP 05-141462).
Homma et al (US 2019/0135069).
Kono et al (JP 08-105434)
Tsukamoto et al (US 2017/0008365).
Hufnagle et al (US 8,505,940).
Bentley (US 3,467,421).
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN M BOWES whose telephone number is (571)270-0460. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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.
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STEPHEN M. BOWES IV
Examiner
Art Unit 3616
/STEPHEN M BOWES/ Examiner, Art Unit 3616
/BRADLEY T KING/ Primary Examiner, Art Unit 3616