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 recites the limitation "the flange portion" in line 2. Claim 3 recites “flange portions” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the flange portion" in line 3. Claim 3 recites “flange portions” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the flange portion" in line 2. Claim 3 recites “flange portions” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang et al (CN Patent CN 106347057 A).
With regards to Claim 1: Jiang et al teaches a top mount for vehicle suspension, comprising: a bracket (1) coupled to a vehicle body and having a receiving hole (seen by 101 in Fig 3) therein; a bush (3) disposed in the receiving hole; an upper cap (11) provided on the bracket to be seated on an upper side of the receiving hole and to support an upper surface of the bush; and a lower cup (2) inserted into a lower side of the receiving hole and coupled to the bracket to support a lower surface of the bush, wherein the bracket and the upper cap are integrally formed of plastic (page 3 para 10).
With regards to Claim 3: Jiang et al teaches the top mount for vehicle suspension of claim 1, wherein the bracket (1) comprises: a main body portion (12) having the receiving hole (seen by 101 in Fig 3) formed therein; and flange portions (13) obliquely extending from both sides of the main body portion (seen in Fig 1).
With regards to Claim 5: Jiang et al teaches the top mount for vehicle suspension of claim 1, wherein the upper cap (11) comprises a plurality of second protrusions (Second Protrusions in Annotated Jiang Fig 1 below) protruding upward from a top surface, extending radially from an opening formed at a center, and arranged spaced apart around the opening.
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Annotated Jiang Fig 1
With regards to Claim 10: Jiang et al teaches the top mount for vehicle suspension of claim 3, wherein the flange portion (13) includes a bolt coupling hole (131) formed obliquely through the flange portion (via Fig 4).
Claims 1, 3-10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Jo et al (KR Patent KR 102561603 B1).
With regards to Claim 1: Jo et al teaches a top mount for vehicle suspension, comprising: a bracket (80) coupled to a vehicle body and having a receiving hole (at 82a) therein; a bush (30) disposed in the receiving hole; an upper cap (82 and 82b) provided on the bracket to be seated on an upper side of the receiving hole and to support an upper surface of the bush; and a lower cup (70) inserted into a lower side of the receiving hole and coupled to the bracket to support a lower surface of the bush, wherein the bracket and the upper cap are integrally formed of plastic (page 4 para 9 and Fig 2).
With regards to Claim 3: Jo et al teaches the top mount for vehicle suspension of claim 1, wherein the bracket comprises: a main body portion (83) having the receiving hole (at 82a) formed therein; and flange portions (83a) obliquely extending from both sides of the main body portion (seen in Fig 2).
With regards to Claim 4: Jo et al teaches the top mount for vehicle suspension of claim 3, wherein the main body portion (83) comprises a plurality of first protrusions (First Protrusions in Annotated Jo Fig 2 below) being spaced apart from each other along an outer circumferential surface formed to protrude outward from the outer circumferential surface and extend in a vertical direction (seen in Fig 2).
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Annotated Jo Fig 2
With regards to Claim 5: Jo et al teaches the top mount for vehicle suspension of claim 1, wherein the upper cap (82 and 82b) comprises a plurality of second protrusions (Second Protrusions in Annotated Jo Fig 2 above) protruding upward from a top surface, extending radially from an opening (at 82a) formed at a center, and arranged spaced apart around the opening.
With regards to Claim 6: Jo et al teaches the top mount for vehicle suspension of claim 3, wherein the flange portion (83a) comprises a plurality of third protrusions (Third Protrusions in Annotated Jo Fig 2 above) protruding downward from a bottom surface, extending in a longitudinal direction of the flange portion, and arranged spaced apart along an outer circumferential surface of the main body portion (83) that contacts the flange portion.
With regards to Claim 7: Jo et al teaches the top mount for vehicle suspension of claim 4, wherein the first protrusions (First Protrusions in Annotated Jo Fig 2 above) extend from around the upper cap (82 and 82b) to a lower side of the main body portion (83), and portions where the main body portion and the flange portion (83a) meet are also extended to portions in contact with the flange portion.
With regards to Claim 8: Jo et al teaches the top mount for vehicle suspension of claim 1, wherein the lower cup (70) comprises: an insertion portion (Insertion Portion in annotated Jo Fig 3 below) having an outer circumferential surface inserted into the lower side of the receiving hole (at 82a); and a stepped portion (Stepped Portion in annotated Jo Fig 3 below) protruding from a lower end of the insertion portion to support a lower end of the bracket (10).
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Annotated Jo Fig 3
With regards to Claim 9: Jo et al teaches the top mount for vehicle suspension of claim 1, wherein the bush (30) comprises: an inner pipe (20) fixed to an upper end of a piston rod (120) and positioned at a center of the receiving hole (at 82a); an outer pipe (60) press-fitted into the receiving hole of the bracket (10); and a vibration-damping rubber (50 via page 4 para 4) interposed between the inner pipe and the outer pipe.
With regards to Claim 10: Jo et al teaches the top mount for vehicle suspension of claim 3, wherein the flange portion (83a) includes a bolt coupling hole (for fasteners via Fig 2 and page 5 para 4) formed obliquely through the flange portion.
With regards to Claim 12: Jo et al teaches a method for manufacturing a top mount for vehicle suspension, comprising: integrally forming, of plastic (page 4 para 9 and Fig 2), a bracket (80) coupled to a vehicle body and having a receiving hole (at 82a) therein, and an upper cap (82 and 82b) seated on an upper side of the receiving hold and provided on the bracket; inserting a bush (30) into a lower side of the receiving hole so that the bush is disposed inside the receiving hole; inserting a lower cup (70) from the lower side to the upper side of the receiving hole such that the lower cup supports a lower surface of the bush and is coupled to the bracket; and welding the bracket and the lower cup to couple them together (page 5 para 9).
With regards to Claim 13: Jo et al teaches the method for manufacturing a top mount for vehicle suspension of claim 10, wherein the lower cup (70) comprises an insertion portion (Insertion Portion in annotated Jo Fig 3 above) having an outer circumferential surface inserted into the lower side of the receiving hole and a stepped portion (Stepped Portion in annotated Jo Fig 3 above) protruding from a lower end of the insertion portion to support a lower end of the bracket, wherein the lower cup is inserted from the lower side to the upper side of the receiving hole (at 82a) such that the lower end of the bracket is seated and supported by the stepped portion, and wherein the bracket (80) and the insertion portion are welded and coupled together (page 5 para 9).
With regards to Claim 14: Jo et al teaches the method for manufacturing a top mount for vehicle suspension of claim 12, wherein the bracket (80) and the upper cap (82 and 82b) are injection-molded (page 4 para 9 and Fig 2).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al (CN Patent CN 106347057 A).
With regards to Claim 11: Jiang et al teaches the top mount for vehicle suspension of claim 10, but does not teach a washer coupled to one side of the bolt coupling hole (131).
It would have been obvious to one having ordinary skill in the art at the time the invention was made such that a washer coupled to one side of the bolt coupling hole, as the use of such fasteners are old and well known in the art and it would have been obvious to one of ordinary skill in the art to choose any suitable fastener, and specifically those as claimed, so as to provide a secure and reliable connection.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jo et al (KR Patent KR 102561603 B1).
With regards to Claim 11: Jo et al teaches the top mount for vehicle suspension of claim 10, but does not teach a washer coupled to one side of the bolt coupling hole (for fasteners via Fig 2 and page 5 para 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was made such that a washer coupled to one side of the bolt coupling hole, as the use of such fasteners are old and well known in the art and it would have been obvious to one of ordinary skill in the art to choose any suitable fastener, and specifically those as claimed, so as to provide a secure and reliable connection.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al (CN Patent CN 106347057 A) in view of Schweisthal et al (WIPO Patent Publication WO 2021163248 A1).
With regards to Claim 2: Jiang et al teaches the top mount for vehicle suspension of claim 1, but does not teach the bracket (1) and the upper cap (seen in Fig 1) are made of plastic comprising a mixture of nylon-based plastic and glass fiber-reinforced plastic.
Schweisthal et al teaches a top mount for vehicle suspension, comprising: a bracket (AS1) coupled to a vehicle body and having a receiving hole (seen around 202 in Fig 4) therein; an upper cap (501) provided on the bracket to be seated on an upper side of the receiving hole and to support an upper surface of the bush; and a lower cup (406) inserted into a lower side of the receiving hole and coupled to the bracket to support a lower surface of the bush, wherein the bracket and the upper cap are made of plastic comprising a mixture of nylon-based plastic and glass fiber-reinforced plastic (para [0066]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the top mount for vehicle suspension disclosed in Jiang et al with the bracket and the upper cap made of plastic comprising a mixture of nylon-based plastic and glass fiber-reinforced plastic taught in Schweisthal et al with a reasonable expectation of success because it would have strengthened the top mount to withstand the forces acting upon it when driving on difficult terrain. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jo et al (KR Patent KR 102561603 B1) in view of Schweisthal et al (WIPO Patent Publication WO 2021163248 A1).
With regards to Claim 2: Jo et al teaches the top mount for vehicle suspension of claim 1, but does not teach the bracket (80) and the upper cap (82 and 82b) are made of plastic comprising a mixture of nylon-based plastic and glass fiber-reinforced plastic.
Schweisthal et al teaches a top mount for vehicle suspension, comprising: a bracket (AS1) coupled to a vehicle body and having a receiving hole (seen around 202 in Fig 4) therein; an upper cap (501) provided on the bracket to be seated on an upper side of the receiving hole and to support an upper surface of the bush; and a lower cup (406) inserted into a lower side of the receiving hole and coupled to the bracket to support a lower surface of the bush, wherein the bracket and the upper cap are made of plastic comprising a mixture of nylon-based plastic and glass fiber-reinforced plastic (para [0066]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the top mount for vehicle suspension disclosed in Jo et al with the bracket and the upper cap made of plastic comprising a mixture of nylon-based plastic and glass fiber-reinforced plastic taught in Schweisthal et al with a reasonable expectation of success because it would have strengthened the top mount to withstand the forces acting upon it when driving on difficult terrain. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Conclusion
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/MATTHEW JOSEPH GANCI/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614