DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the first Office Action on the merits for application no. 18/941,659 filed on November 8th, 2024. Claims 1-15 are pending.
Priority
Examiner acknowledges the Applicant’s claim to priority of application EP 2320 8926.8 filed on November 9th, 2023. A certified copy was received on July 4th, 2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 8th, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement was considered by the Examiner.
Claim Objections
Regarding Claim 10 (line 5), please change the recitation of “an elasticity modulus of the first material, , and a density of the first material” to - - an elasticity modulus of the first material, [[,]] and a density of the first material - - to correct a minor informality.
Regarding Claim 12 (line 3), please change the recitation of “a recess extending according the central axis of the first vibration absorber cylinder” to - - a recess extending according [[the]] to a central axis of the first vibration absorber cylinder - - to establish antecedent basis.
Regarding Claim 12 (line 8), please change the recitation of “through stems of the set of stems” to - - through the stems of the set of stems - - as antecedent basis has already been established in claim 12.
Regarding Claim 13 (line 3), please change the recitation of “a recess extending according the central axis of the first vibration absorber cylinder” to - - a recess extending according [[the]] to a central axis of the first vibration absorber cylinder - - to establish antecedent basis.
Regarding Claim 14 (line 4), please change the recitation of “according the central axis of the first vibration absorber cylinder” to - - according to the central axis of the first vibration absorber cylinder - - to correct a minor informality.
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 14-15 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 pre-AIA the applicant regards as the invention.
Regarding Claim 14, it is generally unclear which embodiment Applicant is referring to. Please review the specification and detail where the embodiment recited in claim 14 is supported with corresponding figures and reference numerals. The lack of clarity renders the claim indefinite.
Regarding Claim 14 (lines 3-4), in the recitation of “the second cylindrical portion comprises a recess extending according the central axis of the first vibration absorber cylinder” the difference between the “recess extending according the central axis of the first vibration absorber cylinder” recited in claim 13 (line 3) and the “recess” recited in claim 14 (lines 3-4) is unclear. The lack of clarity renders the claim indefinite.
Regarding Claim 14 (line 6), in the recitation of “the first vibration absorber cylinder further comprising a movable mass” the difference between the “movable mass” recited in claim 13 (line 3) and the “recess” recited in claim 14 (lines 3-4) is unclear. The lack of clarity renders the claim indefinite.
Claim 15 is rejected based upon their dependency to a rejected base claim.
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 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 1-2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sebata (US 6,401,628).
Regarding Claim 1, Sebata teaches a dynamic vibration absorber (Fig. 4, “damping apparatus” 40) comprising:
a first support part (upper “plate” 43), and a second support part (lower “plate” 43) separated from the first support part (upper 43) by a first gap (see Fig. 4), and
at least a first vibration absorber module (at least upper and lower “plate” 44, and upper and lower “rubber sheet” 46), the first vibration absorber module (at least both of 44 and 46) comprising a first surface of the first support part (upper 43), a first surface of the second support part (lower 43), and a first vibration absorber cylinder (upper and lower 44) connecting the first surface of the first support part (upper 43) and the first surface of the second support part (lower 43),
the first vibration absorber cylinder (upper and lower 44) comprising a first cylindrical portion (upper 44) and at least a first movable mass (“cylindrical portion” 31), the first movable mass (31) being connected to the first cylindrical portion (upper 44) and being configured to vibrate at a predetermined frequency (Abstract – “On an outer periphery of a link 30 for connecting a member car body 20 and a bogie car frame 11, vessel is provided and 42 into which particle shaped members 41 are inserted. A rotation vibration generated from a drive system of a running electric motor 14, a transmission apparatus and a shaft coupling is transmitted to the link 30. The vibration energy generated at link 30 is converted to the kinetic energy in response to the collision of the particle-shaped members 41 contained in the vessel 42 so that the vibration at the link 30 is reduced. Accordingly, the propagation of the vibration to a car body can be restrained”).
Regarding Claim 2, Sebata teaches the dynamic vibration absorber according to claim 1,
wherein the first vibration absorber cylinder (both upper and lower 44) comprises:
a second cylindrical portion (lower 44), the first movable mass (31) being inserted between the first cylindrical portion (upper 44) and the second cylindrical portion (lower 44),
the first movable mass (31) being further connected to the second cylindrical portion (lower 44) and being configured to vibrate at the predetermined frequency between the first and second cylindrical portions (upper and lower 44; see Fig. 4; see Abstract).
Regarding Claim 5, Sebata teaches the dynamic vibration absorber according to claim 2,
further comprising a first damping layer (Fig. 4, upper “rubber sheet” 46) inserted between the first cylindrical portion (upper 44) and the first movable mass (31), and
a second damping layer (lower 46) inserted between the second cylindrical portion (lower 44) and the first movable mass (31),
the first movable mass (31) being connected to the first cylindrical portion (upper 44) through the first damping layer (upper 46) and the first movable mass (31) being connected to the second cylindrical portion (lower 44) through the second damping layer (lower 46).
Allowable Subject Matter
Claims 3-4 and 6-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claims 14-15, a determination of allowability will be considered after Applicant’s response to the rejection(s) under 35 U.S.C. 112(b) presented above.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Gravagnone (US 2024/0002039), Maeno (US 6,991,077), Hasegawa (US 6,494,444), Liu (CN 120 100 845) and Takaoka (WO 02/42661) listed in the attached "Notice of References Cited" disclose similar vibration absorbers comprising cylindrical portions and movable masses related to various aspects of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655
