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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “retaining system has a multiplicity of retaining device groups, wherein three retaining device groups and the retaining device groups are designed and arranged such that the vehicle component has, via the damping elements, essentially the same damping in the axial and radial directions relative to each of the damping elements” recited in claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-12 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. With respect to claim 1, “in the radial and axial directions” lacks proper antecedent basis; and is vague and indefinite since it is not clear radial and axial direction of what element. Claims 2-12 are rejected as dependent from a rejected claim. Additionally, with respect to claim 5, the recitation “…arranged circumferentially around a central retaining opening of the damping element or the mounting surface is designed as a mounting surface arranged essentially between the central retaining opening and the compression openings” is vague and indefinite for the two reasons: (1) applicant inferentially claims there’s “a central retaining opening of the damping element” and (2) “the compression openings” lacks proper antecedent basis. Similarly in claim 10, applicant also inferentially claims there’s “a central retaining opening of the damping element” without setting forth that there is one in the first place.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-8, and 10-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Eustache (US 6532616 B1).
With respect to claim 1, Eustache discloses a damping element (34) for attachment of a vehicle component (24, figure 4) to a remainder of a vehicle (20, figure 4), the damping element being designed as a one-piece damping element (see claim 3 of Eustache), the damping element comprising: a first damping cylinder (cylinder portion above groove 44); and a second damping cylinder (cylinder portion below groove 44), the first and second damping cylinders being connected to one another via a connecting cylinder (at 44), the damping element is designed such that, when the damping element is in a position of use, only the first and second damping cylinders bear against the vehicle component and against the remainder of the vehicle in a manner that transmits force in the radial and axial directions.
With respect to claim 2, Eustache discloses the damping element according to claim 1 as advanced above, wherein the first and second damping cylinders are designed to be identical to one another in their basic structure (figure 1 and 4).
With respect to claim 3, Eustache discloses the damping element according to claim 1 as advanced above, wherein the first damping cylinder, the second damping cylinder, and the connecting cylinder are each designed to be rotationally symmetric about a common rotational axis in that the damping element has a central retaining opening (opening accommodating the screw 38) extending along the common rotational axis or in that the retaining opening is designed as a through hole.
With respect to claim 5, Eustache discloses the damping element according to claim 1 as advanced above, wherein the first and second damping cylinders each have, on their free front end, a raised mounting surface (14, figure 3) for attachment to the remainder of the vehicle, wherein the mounting surface is designed as a mounting surface and arranged circumferentially around a central retaining opening (opening accommodating the screw 38) of the damping element or the mounting surface is designed as a mounting surface arranged essentially between the central retaining opening and the compression openings of the damping element.
With respect to claim 6, Eustache discloses the damping element according to claim 1 as advanced above, wherein the damping element (34) is designed such that it has essentially identical deformation characteristics in the axial and radial directions.
With respect to claim 7, Eustache discloses the damping element according to claim 1 as advanced above, wherein the damping element is designed as a silicone or an elastomer (column 2, lines 47-50), wherein the damping element is designed as a rubber elastomer, or wherein the damping element is made from EPDM or NBR.
With respect to claim 8, Eustache discloses a retaining system for a vehicle for attachment of a vehicle component to a remainder of the vehicle, the retaining system comprising: at least one retaining device group with, in each case, a first retaining device (14) arranged in a force-transmitting manner on the remainder of the vehicle, a second retaining device (32, figure 4) corresponding to the first retaining device and arranged in a force- transmitting manner on the vehicle component; and the damping element (34) according to claim 1 being arranged between the first and second retaining devices.
With respect to claim 10, Eustache discloses the damping element according to claim 8 as advanced above, wherein the first retaining device of at least one retaining device group has a retaining bolt (40, figure 3) corresponding to a central retaining opening (opening receiving screw/bolt 38) of the damping element, and wherein the retaining bolt is designed as an attachment bolt, and wherein the attachment bolt has, at its free front end, a screw thread (the screw 38 inherently has thread).
With respect to claim 11, Eustache discloses the damping element according to claim 8 as advanced above, wherein the first retaining device of at least one retaining device group has an attachment section, wherein the attachment section has a screw thread corresponding to a separate threaded bolt of the retaining system, and wherein the attachment section is designed as a raised attachment projection (figure 3).
With respect to claim 12, Eustache discloses the damping element according to claim 8 as advanced above, wherein the second retaining device (32, figure 4) of at least one retaining device group is designed as a clamp that only partially encompasses the damping element when it is in its position of use and that has a clamp opening (43, figure 4) on its circumference, wherein the clamp and the damping element are matched to one another in design such that the damping element is conveyed into its position of use through the clamp opening, and wherein the clamp has a retaining projection (42) that corresponds to the connecting cylinder and bears axially against only the first and second damping cylinders (figure 1).
Claims 1, 3, and 7-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hoffman et al (US 20090272872 A1 cited in applicant’s IDS filed 4/2/2025).
With respect to claim 1, Hoffman discloses a damping element (figure 5) for attachment of a vehicle component to a remainder of a vehicle, the damping element being designed as a one-piece damping element, the damping element comprising: a first damping cylinder (62, figure 5); and a second damping cylinder (40), the first and second damping cylinders being connected to one another via a connecting cylinder (figure 5), the damping element is designed such that, when the damping element is in a position of use, only the first and second damping cylinders bear against the vehicle component and against the remainder of the vehicle in a manner that transmits force in the radial and axial directions.
With respect to claim 3, Hoffman discloses the damping element according to claim 1 as advanced above, wherein the first damping cylinder, the second damping cylinder, and the connecting cylinder are each designed to be rotationally symmetric about a common rotational axis in that the damping element has a central retaining opening (55, figure 5) extending along the common rotational axis or in that the retaining opening is designed as a through hole.
With respect to claim 7, Hoffman discloses the damping element according to claim 1 as advanced above, wherein the damping element is designed as a silicone or an elastomer (see paragraph [0023]), wherein the damping element is designed as a rubber elastomer, or wherein the damping element is made from EPDM or NBR.
With respect to claim 8, Hoffman discloses a retaining system for a vehicle for attachment of a vehicle component to a remainder of the vehicle, the retaining system comprising: at least one retaining device group with, in each case, a first retaining device (36, figure 5) arranged in a force-transmitting manner on the remainder of the vehicle, a second retaining device (38, figure 5) corresponding to the first retaining device and arranged in a force- transmitting manner on the vehicle component; and the damping element according to claim 1 being arranged between the first and second retaining devices.
With respect to claim 9, Hoffman discloses the damping element according to claim 8 as advanced above, wherein the retaining system has a multiplicity of retaining device groups (see figure 2), wherein three retaining device groups and the retaining device groups are designed and arranged such that the vehicle component has, via the damping elements, essentially the same damping in the axial and radial directions relative to each of the damping elements.
With respect to claim 10, Hoffman discloses the damping element according to claim 1 as advanced above, wherein the first retaining device of at least one retaining device group has a retaining bolt (76) corresponding to a central retaining opening of the damping element, and wherein the retaining bolt is designed as an attachment bolt, and wherein the attachment bolt has, at its free front end, a screw thread (see figure 5).
With respect to claim 11. The retaining system according to claim 8, wherein the first retaining device of at least one retaining device group has an attachment section, wherein the attachment section has a screw thread corresponding to a separate threaded bolt of the retaining system, and wherein the attachment section is designed as a raised attachment projection (see contact surface of the first retaining device 36).
With respect to claim 12. The retaining system according to claim 8, wherein the second retaining device of at least one retaining device group is designed as a clamp (figure 3) that only partially encompasses the damping element when it is in its position of use and that has a clamp opening (58) on its circumference, wherein the clamp and the damping element are matched to one another in design such that the damping element is conveyed into its position of use through the clamp opening, and wherein the clamp has a retaining projection (projection defining 42) that corresponds to the connecting cylinder and bears axially against only the first and second damping cylinders.
Claim Rejections - 35 USC § 103
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Eustache (US 6532616 B1) in view of Yang et al (CN 107504111A cited in applicant’s IDS filed 4/2/2025).
With respect to claim 4, Eustache discloses the damping element according to claim 1 as advanced above except for wherein the first and second damping cylinders each have circumferentially uniformly distributed compression openings for elastic compression of the two damping cylinders when the damping element is conveyed into its position of use, wherein the compression openings of the first and second damping cylinders are designed and arranged on the respective damping cylinder in an identical manner or the compression openings are each arranged radially with respect to a central retaining opening of the damping element.
Yang teaches in a damping element of providing a central retaining opening (2, figure 1) and compression openings (3, figure 1) that are uniformly distributed (see paragraph [0018]) on the damping element to achieve various advantages “ [0013] The beneficial effects of the present invention are: reasonable structure, capable of reducing the stiffness of the shock absorber, being beneficial to shock absorption and assembly, being beneficial to absorbing impact energy, and achieving a better shock-proof effect of the shock-absorbing device.”
. It would have been obvious to one of ordinary skilled in the art to have modify the damping element of Eustache such that compression openings uniformly distributed thereon for achieving a better shock-proof effect as taught to be desirable by Yang.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate damping elements of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Ko H Chan/Primary Examiner, Art Unit 3631
Khc
Prosecution Insights