This is a Non-Final office action for serial number 19/198161.
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 as failing to comply with 37 CFR 1.84(p)(4) because reference characters "110" and "100" have both been used to designate 1st fixing member. 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. 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.
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 first reference surface (label with a reference number and show within the figure/figures) 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.
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 second reference surface (label with a reference number and show within the figure/figures) 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 Objections
Claim 14 are objected to because of the following informalities: “apparatuss” is a grammar error. Appropriate correction is required.
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 5, 13, and 14 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 5 recites the limitation "the same" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the other side" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the same surfaces " in line 4. There is insufficient antecedent basis for this limitation in the claim.
The claims have been rejected under 35 U.S.C. 112 for the above reasons. Please note that the Examiner may not have pointed out each and every example of indefiniteness. The applicant is required to review all the claim language to make sure the claimed invention is clear and definite.
All words in a claim must be considered in determining the patentability of theclaim against the prior art. If no reasonably definite meaning can be ascribed to certainterms in the claim, the subject matter does not become obvious, the claim becomesindefinite. In re Wilson, 424F.2d 1382, 1385 (CCPA 1970). The examiner's analysis ofthe claims, in particular claim language within the claims as rejected under 35 USC 112 above, indicates that considerable speculation as to the meaning of the terms employed and assumptions as to the scope of the claims needs to be made, as the examiner does not understand what is exactly being claimed by the applicant. Any rejection under 35 U.S.C. 102 should not be based on such speculations and assumptions. In re Steele, 305 F.2d 859,862 (CCPA 1962); Ex parte Head, 214 USPQ 551 (Bd.App. 1981). Accordingly, the applicant should not assume that any claims not rejected using prior art is considered allowable since the examiner can not clearly determine the limitations of the claim due to indefiniteness. The applicant should be aware that once the claims have been corrected to remove the problems concerning indefiniteness, prior art may be used to reject the claims and the next action made final or if the application is in a final status the amendment after final may not be entered as requiring further search and/or consideration.
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 (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.
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.
Claim(s) 1-9 and 12 is/are rejected, as best understood, under 35 U.S.C. 102(a) (1) as being anticipated by Yoon KR102070608.
Yoon discloses claims:
1. A vibration damping apparatus, comprising: a first fixing member (30) having a predetermined thickness and having at least portion recessed to form a first recessed area (44 or 42); a second fixing member (40) which has a predetermined thickness, coupled to the first fixing member, and has at least a portion recessed to form a second recessed area (44 or 42); and at least one elastic member (60 or 80) disposed between the first fixing member (30) and the second fixing member (40).
2. The vibration damping apparatus of The vibration damping apparatus of wherein the first recessed area comprises a first recessed floor surface formed at one end in a recessing direction, the second recessed area comprises a second recessed floor surface formed at one end in a recessing direction, and the first fixing member and the second fixing member are coupled such that the first recessed floor surface and the second recessed floor surface face each other.
3. The vibration damping apparatus of The vibration damping apparatus of wherein the at least one elastic member is disposed in the first recessed area and the second recessed area.
4. The vibration damping apparatus of The vibration damping apparatus of wherein the first fixing member is symmetrically formed with respect to a first reference surface perpendicular to the first recessed floor surface, and the second fixing member is symmetrically formed with respect to a second reference surface perpendicular to the second recessed floor surface.
5. The vibration damping apparatus of The vibration damping apparatus of wherein the first reference surface and the second reference surface are the same; and the at least one elastic member is configured to provide a restoring force to the first fixing member and the second fixing member when a torque is applied about a central axis perpendicular to the first recessed floor surface and included in the first reference surface.
6. The vibration damping apparatus of The vibration damping apparatus of wherein the first recessed area comprises a first recessed wall formed in a direction protruding from the first recessed floor surface, and the at least one elastic member comprises a first elastic member that has a shape corresponding to the first recessed wall and is disposed to be in contact with at least a part of the second fixing member and the first recessed wall.
7. The vibration damping apparatus of The vibration damping apparatus of wherein the second recessed area comprises a second recessed wall formed in a direction protruding from the second recessed floor surface, and the at least one elastic member further comprises a second elastic member that has a shape corresponding to the second recessed wall and is disposed to be in contact with at least a part of the first fixing member and the second recessed wall.
8. The vibration damping apparatus of The vibration damping apparatus of wherein the first recessed wall has a concave or convex shape centered relative to the first reference surface, and the second recessed wall has a concave or convex shape centered relative to the second reference surface.
9. The vibration damping apparatus of claim l, wherein the at least one elastic member comprises a third elastic member disposed between the first recessed area and the second recessed area, and the third elastic member comprises at least one protruding portion protruding from one surface of the third elastic member.
11. The vibration damping apparatus of The vibration damping apparatus of wherein the first fixing member and/or the second fixing member comprises a penetration injection hole (31 and 41) formed through at least one surface, and the at least one elastic member is formed by using a liquid phase injected (the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight)the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight) through the penetration injection hole (31 and 41).
[AltContent: textbox (hole)]12. The vibration damping apparatus of claim l, wherein the first fixing member and the second fixing member are coupled by a screw passing through centers of the first recessed area and the second recessed area.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Protruding portion)][AltContent: textbox ( Hole )][AltContent: arrow][AltContent: textbox (1st recessed area 34/recessed floor)][AltContent: textbox (Screw 71)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Elastic member)][AltContent: textbox (2nd recessed area 44/recessed floor )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd recessed area 42
2nd recessed wall 42)][AltContent: arrow][AltContent: textbox (3rd Elastic disc shape member 60)][AltContent: textbox (1st recessed area 32
1st recessed wall32)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st fixing member 30)][AltContent: textbox (2nd fixing member 40)]
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Claim(s) 1-12 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Hong et al. (Hong) KR102441121.
Hong discloses claims:
1. A vibration damping apparatus, comprising: a first fixing member (10) having a predetermined thickness and having at least portion recessed to form a first recessed area (23 or 22); a second fixing member (20) which has a predetermined thickness, coupled to the first fixing member, and has at least a portion recessed to form a second recessed area; and at least one elastic member (50 or 90) disposed between the first fixing member and the second fixing member.
2. The vibration damping apparatus of The vibration damping apparatus of wherein the first recessed area comprises a first recessed floor surface formed at one end in a recessing direction, the second recessed area comprises a second recessed floor surface formed at one end in a recessing direction, and the first fixing member and the second fixing member are coupled such that the first recessed floor surface and the second recessed floor surface face each other.
3. The vibration damping apparatus of The vibration damping apparatus of wherein the at least one elastic member (50 or 90) is disposed in the first recessed area and the second recessed area.
4. The vibration damping apparatus of The vibration damping apparatus of wherein the first fixing member is symmetrically formed with respect to a first reference surface perpendicular to the first recessed floor surface, and the second fixing member is symmetrically formed with respect to a second reference surface perpendicular to the second recessed floor surface.
5. The vibration damping apparatus of The vibration damping apparatus of wherein the first reference surface and the second reference surface are the same; and the at least one elastic member (50 or 90) is configured to provide a restoring force to the first fixing member and the second fixing member when a torque is applied about a central axis perpendicular to the first recessed floor surface and included in the first reference surface.
6. The vibration damping apparatus of The vibration damping apparatus of wherein the first recessed area comprises a first recessed wall (22 or 23) formed in a direction protruding from the first recessed floor surface, and the at least one elastic (50 or 90) member comprises a first elastic member that has a shape corresponding to the first recessed wall and is disposed to be in contact with at least a part of the second fixing member and the first recessed wall.
7. The vibration damping apparatus of The vibration damping apparatus of wherein the second recessed area comprises a second recessed wall (23 or 22) formed in a direction protruding from the second recessed floor surface, and the at least one elastic member further comprises a second elastic member (90 or 50) that has a shape corresponding to the second recessed wall and is disposed to be in contact with at least a part of the first fixing member and the second recessed wall.
8. The vibration damping apparatus of The vibration damping apparatus of wherein the first recessed wall has a concave or convex shape (22 wall or 23 wall) centered relative to the first reference surface, and the second recessed wall has a concave or convex shape centered relative to the second reference surface.
9. The vibration damping apparatus of claim 1, wherein the at least one elastic member comprises a third elastic member disposed between the first recessed area and the second recessed area, and the third elastic member (90) comprises at least one protruding portion protruding from one surface of the third elastic member.
10. The vibration damping apparatus of The vibration damping apparatus of wherein the third elastic member (90) has a disc shape, and the at least one protruding portion comprises: at least one vertical protruding portion configured to protrude in a thickness direction from an upper surface or a lower surface of the third elastic member; and/or at least one horizontal protruding portion configured to protrude in a direction perpendicular to the thickness direction from one side surface of the third elastic member.
11. The vibration damping apparatus of The vibration damping apparatus of wherein the first fixing member and/or the second fixing member comprises a penetration injection hole (see figure below) formed through at least one surface, and the at least one elastic member is formed by using a liquid phase injected (the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight)the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight) through the penetration injection hole (11 and 21).
12. The vibration damping apparatus of claim 1 wherein the first fixing member and the second fixing member are coupled by a screw (61) passing through centers of the first recessed area and the second recessed area (upper and lower 22 within 10 and 20).
[AltContent: arrow][AltContent: textbox (hole)][AltContent: arrow][AltContent: textbox (Elastic disc shape member 90)][AltContent: arrow][AltContent: textbox (Vertical protruding portion )][AltContent: arrow][AltContent: textbox (Horizontal protruding portion )]
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Claim Rejections - 35 USC § 103
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.
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(s) 1, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Wang) CN110714649 in view of Yoon KR102070608, as discussed above.
Wang discloses claim:
13. An antenna device comprising at least one vibration damping apparatus according to claim 1, the antenna device comprising: a support fixture (100) coupled to a side of the at least one vibration damping apparatus (230); and an antenna module (210) coupled to the other side of the at least one vibration damping apparatus.
14. The antenna device of claim 13, wherein the at least one vibration damping apparatus includes two vibration damping apparatuses (230) disposed above and below the antenna module, and the two vibration damping apparatuses (230) are arranged so that the same surfaces face each other in a direction parallel to a height direction of the support fixture (100).
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Wang discloses all of the limitations of the claimed invention except for A vibration damping apparatus, comprising: a first fixing member having a predetermined thickness and having at least portion recessed to form a first recessed area; a second fixing member which has a predetermined thickness, coupled to the first fixing member, and has at least a portion recessed to form a second recessed area; and at least one elastic member disposed between the first fixing member and the second fixing member.
Yoon teaches it is known to have
(Claim 1) A vibration damping apparatus, comprising: a first fixing member (30) having a predetermined thickness and having at least portion recessed to form a first recessed area; a second fixing member (40) which has a predetermined thickness, coupled to the first fixing member, and has at least a portion recessed to form a second recessed area; and at least one elastic member (60 or 80) disposed between the first fixing member and the second fixing member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Wang to have included the vibration damping apparatus taught by Yoon for the purpose of providing a better means for providing a vibration damping function capable of minimizing damage to electric devices of a distribution board by effectively reducing and absorbing energy when a shock or a vibration produced from an earthquake occurs wherein the elastic adhesion part absorbs large vibrations and an elastic curved part absorbs small vibrations so both large and small vibrations can be effectively absorbed.
Claim(s) 1, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Wang) CN110714649 in view of Hong et al. (Hong) KR102441121, as discussed above.
Wang discloses claim:
13. An antenna device comprising at least one vibration damping apparatus according to claim 1, the antenna device comprising: a support fixture (100) coupled to a side of the at least one vibration damping apparatus (230); and an antenna module (210) coupled to the other side of the at least one vibration damping apparatus.
14. The antenna device of claim 13, wherein the at least one vibration damping apparatus includes two vibration damping apparatuses (230) disposed above and below the antenna module, and the two vibration damping apparatuses (230) are arranged so that the same surfaces face each other in a direction parallel to a height direction of the support fixture (100).
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Wang discloses all of the limitations of the claimed invention except for A vibration damping apparatus, comprising: a first fixing member having a predetermined thickness and having at least portion recessed to form a first recessed area; a second fixing member which has a predetermined thickness, coupled to the first fixing member, and has at least a portion recessed to form a second recessed area; and at least one elastic member disposed between the first fixing member and the second fixing member.
Yoon teaches it is known to have
(Claim 1) A vibration damping apparatus, comprising: a first fixing member (10) having a predetermined thickness and having at least portion recessed to form a first recessed area; a second fixing member (20) which has a predetermined thickness, coupled to the first fixing member, and has at least a portion recessed to form a second recessed area; and at least one elastic member (50 or 90) disposed between the first fixing member and the second fixing member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Wang to have included the vibration damping apparatus taught by Hong for the purpose of providing a better means for providing a vibration damping function capable of minimizing damage to electric devices of a distribution board by effectively reducing and absorbing energy when a shock or a vibration produced from an earthquake.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional vibration damping apparatuses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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