Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`REMARKS
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`Favorable reconsideration of this Application, in light of the following discussion,
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`is
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`respectfully requested. Claims 1-8 were originally presented. Claims 1-6 and 8 have been
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`amended. Claim 7 has been canceled without disclaimer or prejudice. Accordingly, claims 1-6 and
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`8 are pending and under examination in the present Application. Applicant submits that upon
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`entry of the present Response, claims 1-6 and 8 are in condition for allowance. Moreover, the
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`Applicant submits that no new matter has been introduced by the foregoing amendments.
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`Objections to the Specification
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`In the outstanding Office Action, the title was objected to because of informalities.
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`In response to the objections, the title is amended to correct the noted informalities.
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`In
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`light of their formal nature, the changesto thetitle do not raise a question of new matter.
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`Objections to the Drawings
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`In the outstanding Action, the drawings were objected to because Fig 8B and Fig 8C depict
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`the same details. The Office indicated that the specification states that Fig 8B should depict the
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`coupling unit in the process of rotating from thefirst rotation state to the secondrotationstate.
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`In response to the objection to the drawings, the Figs. 8 B and 8C are amended as shown
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`on the Replacement Sheets appendedto this paper. No new matter is believed to be entered by
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`way of the ReplacementSheets.
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`Rejections under 35 U.S.C. §103
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`In the outstanding Office Action, claims 1-8 are rejected under 35 U.S.C. 103 as being
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`unpatentable over Ryu (KR 101817064) in further in view of Hayashi (Japanese Patent No.
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`2011042976)
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`Addressing now the rejection of claims 1-8 under 35 U.S.C. § 103 as being unpatentable
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`by Ryu and Hayashi, this rejection is respectfully traversed. Claim 1 is the independent claim
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`presently under consideration. Claim 1 has been amended to overcomethe rejection under 35
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`U.S.C. § 103. For ease of reference, claim 1 nowrecites:
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`A tooth for buckets, comprising:
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`a tooth point having a coupling space that comprises a first space and a
`second space communicating with each other;
`a damperstructure accommodatedin the first space, and comprising a
`flexible portion having an insertion groove whichis positioned on one surface
`thereof and a hollow therein extending from the one surface to another surface
`opposite to the one surface and having one side which is open, a hard portion
`inserted in the insertion groove and having one surface whichis a flat surface
`and is exposedto an outside, and a sealing portion blocking the openedside of
`the hollow; and
`a coupling unit accommodated in the second space, a portion of which
`is in contact with the one surface ofthe hard portion in aninitial state, in which
`the coupling unit is inserted into the second space,
`wherein, in responseto rotation of the coupling unit in the second space
`from the initial state, another portion different from the portion of the coupling
`unit comesinto contact with the hard portion,
`wherein when the coupling unit rotates in one direction from the initial
`state, to becomea first rotation state, a portion where the coupling unit and the
`hard portion contact each other is moved in a direction toward the flexible
`portion further than the initial state, and thus, the hard portion is movedin the
`direction toward the flexible portion further than the initial state, and
`wherein the flexible portion is compressed and deformed between the
`hard portion and an inner surface of the tooth point formingthefirst space.
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`Non-limiting support for the amendment may be found, for example, at original claim 7
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`and paragraphs [0045]-[0050] and [0119]-[0123], Figs. 3 and 4 of Applicant’s published
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`specification.
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`Appl. No.: 17/396,113
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`Reply to Office Action of June 14, 2023
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`(Fig. 3 of Present Application)
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`(Fig. 4 of Present Application)
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`Referring to the above figures, the claimed invention, as amended, defines:
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`¥ a damperstructure accommodatedin the first space, and comprising a flexible portion
`(11) having an insertion groove (H112) which is positioned on one surface thereof and
`a hollow (H111) therein extending from the one surface to another surface opposite to
`the one surface and having one side which is open, a hard portion (13) inserted in the
`insertion groove and having one surface which is a flat surface and is exposed to an
`outside, and a sealing portion (12) blocking the opened side of the hollow (Feature 1);
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`¥Y acoupling unit accommodated in the second space, a portion of whichis in contact with
`one surface of the hard portion (13) in an initial state, in which the coupling unit is
`inserted into the second space (Feature 2); and
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`¥ wherein, in responseto rotation of the coupling unit in the second space from theinitial
`state, another portion different from the portion of the coupling unit comes into contact
`with the hard portion (13) (Feature3).
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`- Ryu (KR 101817064)
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`i
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`| 33: 334, 332, 333]
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`Distinct features from the cited references
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`rd
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`(7274, 72,93)
`(2:21, 22]
`Pet
`i2t2, 213, 214, 215 |
`(3:34, 42, 33, 34]
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`(FIG.2 of Ryu)
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`Referring to the above figure, Ryu comprises a fixing pin (3) havinga first surface portion
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`(331), a second surface portion (332), and a stopper portion (333) formed betweenthefirst surface
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`11
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`portion (331) and the second surface portion (332), and a locking rubber (4) that changes the
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`compression state according to the rotation of the fixing pin (3) and controls the combinedstate of
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`the tooth adapter (1) and the tooth point(2).
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`The locking rubber (4) comprises the body portion (41) corresponding to the face portion
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`(33) of the fixing pin (4) and the rubber portion (42) which is formed to contact the rear end of the
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`bodyportion (41),is inserted into the receiving groove (215), andis elastically deformed according
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`to pressure of the body portion (41).
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`However, Ryu's rubber portion (42) does not include any hollow inside. Further, the body
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`portion (41) does not protrude outward from the rubber portion (42), so the front of the body
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`portion (41) is located on an imaginary line passing throughthe front of the rubber portion (42).
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`Therefore, Ryu's rubber portion (42) does not teach or suggest the claim features of the
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`flexible
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`portion (11) having an insertion groove
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`(H112)
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`located on one side and a hollow
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`(H111) that is open on one side and extends from the inside to the other side located on the
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`opposite side of the one side.
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`Therefore, in the claimed invention, when a physical force is applied to the hard portion (13)
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`by the coupling unit (30) through the hollow (H111) located in the flexible portion (11) and
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`deformation of the flexible portion (11) occurs, the stress generated in the flexible portion (11)
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`escapes into the hollow (H111), resulting in the effect of allowing the flexible portion (11) to be
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`more easily deformed due to the rotational motion of the coupling unit (30).
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`However,there are no holesin the rubberportion (42) ofRyu, and becauseofthis, the rubber
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`portion (42) ofRyu has a completely different structure from the flexible portion (11) ofthe present
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`invention, and the effect by the hollow (H111) also cannot be achieved by Ryu atall.
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`Since the rubber portion (42) of the Ryu does not have a hole therein, Ryu does not have
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`any structure to block any hole. Therefore, Ryu fails to teach or suggest the claimed features
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`of the sealing portion (12).
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`In addition, the body portion (41) located in the rubber portion (42) of Ryu has nopart that
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`protrudes outward from the rubber portion (42). Also, as shown in Figure 5, the side of the body
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`portion (41) is attached to the rubber portion (42). Therefore, when the body portion (41) is
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`compressed by the rotational action of the fixing pin (3), the compression action is not easily
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`performed by the side portion attached to the rubber portion (42), and rotating the fixing pin (3)
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`may Cause inconvenienceto the user.
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`12
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`at
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`(Fig. 5 of Ryu)
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`13
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`However,the hard portion (13) of the present invention partially protrudes from the inserted
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`flexible portion (11), so that it is free and not attachedto the side portion of the protruding flexible
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`portion (11). Therefore, when pressure is applied toward the hard portion (13) by the rotational
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`movement of the coupling unit (30), the protruding portion of the hard portion (13), which is in a
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`free state, is compressed so that the user can more easily manipulate the coupling unit (30).
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`Thus, Ryu's rubber part (42) has a structure different from the flexible portion (11) of the
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`present invention, which has a hollow (H111), and Ryu’s body part (41) also has a different
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`structure from the claimed hard portion (13) since the body part (41) does not have a protruding
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`part protruding to the outside.
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`Additionally, Ryu does not teach or suggest at all the sealing portion (12) that blocks the
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`hollow (H111) located inside the flexible portion (11) of the present invention.
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`- Hayashi (JP 2011042976)
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`ts1]
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`TAR
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`tap
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`(Fig 1 of Hayashi)
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`Yt
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`&
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`; y8
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`(Fig 2 of Hayashi)
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`Referring to the above figures, Hayashi discloses a piece member(7) having a piece member
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`body (9) made of an elastic resin material and a left spring member (10) located on the piece
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`memberbody (9).
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`Here, the exposed part of the piece member body (9) has an uneven surface rather than a
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`flat surface, and the left spring member (10) is located to surround the exposed uneven surface of
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`the piece memberbody (9).
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`In addition, Hayashi has a buffering hole (13) inside the piece member body (9), but does
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`not have a separate sealing part to block the open portion of the buffering hole (13).
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`Therefore, under Hayashi’s arrangements, when pressure is applied to the piece member
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`body (9) due to the insertion action of the locking member(8) and a changein the shape of the
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`buffering hole (13) occurs, the shape and position of the piece member body (9) maybedistorted.
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`This may cause damage to the piece memberbody (9).
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`15
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`However, the present invention is provided with a separate sealing portion (12) that blocks
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`the hollow (H111), and the shape andposition ofthe flexible portion (11) with the hollow (H111)
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`inside is firmly maintained, thereby forming a damperstructure ofwhich the lifespan also increases.
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`Additionally, referring now to below Fig. 5 of Hayashi, the locking member(8) is inserted
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`into the through-hole (6a) between the adapter member (2) and the piece member(7) through the
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`insertion action of the locking member (8) movingin a straight direction (e.g., left and right
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`direction) to perform the coupling operation.
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`In other words, unlike the present invention, Hayachi uses a linear motion rather than a
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`rotational motion of the locking member(8) for the coupling operation.
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`fx 5]
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`(Fig 5 of Hayashi)
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`Therefore, it is advantageous for the exposed surface of the piece member body (9) to have
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`an uneven surface rather than a flat surface for the coupling of the locking member(8) by the
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`linear movementof the locking member(8).
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`In addition, due to the repetitive linear motion of the locking member(8), the piece member
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`body (9) made of an elastic resin material is at risk of damage such as wear dueto the repeated
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`insertion and removal of the locking member(8). Therefore, the left spring member (10) made
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`of metal surrounds the uneven surface of the piece member body (9) performs the function of
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`preventing damage to the uneven surface of the piece member body (9) by the locking member
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`(8).
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`Therefore, the left spring member(10) is not intended to perform the role of the rigid part
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`(13) of the present invention, but performs a protective function to protect the uneven surface of
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`the piece memberbody (9) that protrudes outward.
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`Accordingly, Hayashi's left spring member(10) is a different component with a different
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`function and purpose than the claimed hard portion (13) which is brought out to the outside and
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`changes the pressure applied to the flexible portion (11) according to the rotational motion of the
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`coupling unit (30) to control the coupling operation of the coupling unit(3).
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`Additionally, in Hayashi, when the locking member(8)is not inserted between the through-
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`holes (6a), the locking member(8) maintains a non-contact state with the left spring member(10),
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`so the initial state of the locking member(8)is in a non-contact state with the left spring member
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`(10).
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`As such, Hayashi is not equipped with the sealing portion (12) of the present invention at
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`all, and the operating state of the locking member(8) is completely different from that of the
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`coupling unit (30) of the present invention, so the Features 1-3 of the present invention is not
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`disclosed by the cited references.
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`Thus, Applicant respectfully submits that Ryu and Hayashi, even if considered in
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`combination, fail to teach or suggest each and every element of independent claim 1 of the present
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`application.
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`As aresult, Applicant respectfully submits that independent claim 1 is patentable over Ryu
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`and Hayashi. As claims 2-6 and 8 depend from independent claim 1, Applicant respectfully
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`submits that claims 2-6 and 8 are likewise patentable over the cited references. Claim 7 has been
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`canceled without disclaimer or prejudice.
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`Accordingly, for at least the reasons set forth above, Applicant respectfully requests that
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`the §103 rejections of claims 1-8 be withdrawn.
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`Appl. No.: 17/396,113
`Reply to Office Action of June 14, 2023
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`Conclusion
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`Accordingly, reconsideration ofthe outstanding Office Action and allowanceofthe present
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`application and all the claims therein are respectfully requested.
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`It is submitted that all of the pending issues have been addressed. However, the absence
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`of a reply to a specific rejection, issue or comment does not signify agreement with or concession
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`of that rejection, issue or comment.
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`In addition, because the arguments made above maynot be
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`exhaustive, there may be reasons for patentability of any or all pending claims (or other claims)
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`that have not been expressed. Finally, nothing in this reply should be construed as an intention to
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`concede any issue with regard to any claim, except as specifically stated in this reply, and the
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`amendmentof any claim does not necessarily signify concession of unpatentability of the claim
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`prior to its amendment. Accordingly, entry of the amendments and allowance of the claims are
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`respectfully requested.
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`Should the Examiner have any questions or comments regarding this matter,
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`the
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`undersigned may be contacted at the below-listed telephone number.
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`Respectfully submitted,
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`/Jae Youn Kim/
`Jae Youn Kim,Reg. No. 69,215
`ByungwoongPark, Reg. No. 80,134
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`Date: September 13, 2023
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`Novick, Kim & Lee, PLLC
`3251 Blenheim Blvd, Suite 500
`Fairfax, VA 22030
`Telephone 703-745-5495
`Facsimile 703-563-9748
`E-Mail docket01@nkllaw.com
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`PK5914918.A01; SK/owp
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