Appeal No. 2004-1266
Application No. 09/997, 745
The orifice track has a relatively small, restricted flow passage extending
around the perimeter of the orifice plate. Each end of the track has an opening,
with one opening communicating with the primary chamber and the other with
the secondary chamber. The orifice track provides the hydraulic mount
assembly with another passive tuning component.
[Specification, page 2]
The Examiner in rejecting the subject matter of claims 1, 5 and 9 did not properly
consider the powertrain mount containing an orifice track as described in the claims. The
Examiner has not identified a portion of the Lee reference which specifies an orifice track
that has a flow passage that extends around the perimeter of the orifice plate.2
Lee describes a hydraulic pumping mount that comprises a partition wall (23) that
separates the cavity (30) into a pair of working chambers. (Col. 3, ll. 11-12). Lee also
discloses that the partition wall (23) has an opening (36) that engages the tube (34) that
extends through the working chambers. (Col. 3, ll. 15-17). However, the Examiner in the
Answer, page 3, states “Lee et al. discloses a mount comprising an orifice plate (23) defining
an orifice track (interpreted by the examiner as the orifice through which slug 34 extends)
having a first cross-sectional area and a slug (34) slidably disposed in the orifice track, the
slug having a bore with a second cross-sectional area less than the first cross sectional area.
(Figures 1 and 2)”. The element identified by the Examiner as the “orifice through which
2 In order for a claimed invention to be anticipated under 35 U.S.C. § 102, all of the
elements of the claim must be found in one reference. See Scripps Clinic & Research Found. v.
Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
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