DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18-May-2026 has been entered.
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.
Claims 1 and 3-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasuga et al. (US 2017/0274721).
Regarding independent claim 1, Kasuga discloses a shock (see Abstract, FIGS. 2-9) with an annular base valve flow system (see e.g. FIG. 4) comprising: a housing (391 or 210), said housing having an inner diameter (see FIG. 4) and an outer diameter (see FIG. 4); and an annular base valve assembly (380), said annular base valve assembly having an OD smaller than said ID of said housing (see FIG. 4), such that said annular base valve assembly is insertable into said housing (see FIG. 4), said annular base valve assembly comprising: an intake pathway (A) (see Annotated FIG. 4, below) axially about a portion of said OD of said base valve assembly (see FIG. 4); and an exhaust pathway (B) (see Annotated FIG. 4) axially about another portion of said OD of said base valve assembly (see FIG. 4); wherein said intake pathway (A) is formed axially about a first portion of a perimeter of said annular base valve assembly (see Annotated FIG. 4, below) and wherein said exhaust pathway (B) is formed axially about a second portion of said perimeter of said annular base valve assembly (see Annotated FIG. 4, below), and a control solenoid (310), said control solenoid fluidly coupled with said intake pathway of said annular base valve assembly (see FIG. 4), said control solenoid configured to control a flow of a working fluid through said intake pathway (see FIG. 9), wherein said control solenoid is part of an active valve (see ¶¶ 0073, 0074, 0091-0098), wherein said active valve is configured to automatically adjust its operation, and corresponding damping characteristics of said shock, based upon operational information pertaining to a vehicle on which said shock is used, said operational information comprising one or more aspects of said shock of said vehicle (see ¶¶ 0158, 0196, height of said shock is used to control current to solenoid (310)).
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Regarding claim 3, Kasuga discloses that said annular base valve assembly is insertable into said housing without concern about an axial orientation of said annular base valve assembly with respect to said housing (see FIG. 4, annular grooves connect with intake and exhaust pathways).
Regarding claim 4, Kasuga discloses that said annular base valve assembly is axially symmetric (see FIG. 4).
Regarding claim 5, Kasuga discloses that said housing (391) is a damper housing (see FIG. 4).
Regarding claim 6, Kasuga discloses that said housing is an external reservoir housing (210) (see FIG. 5).
Regarding claim 7, Kasuga discloses that said housing further comprises: a base valve seat (C) (see Annotated FIG. 4) axially about said ID of said housing (see FIG. 4), said base valve seat configured to properly locate said annular base valve assembly when said annular base valve assembly is inserted into said housing (see FIG. 4).
Regarding claim 8, Kasuga discloses that said housing further comprises: an upper O-ring gland (385) axially about said ID of said housing (see FIG. 4), said upper O-ring gland located above a base valve seat portion such that when said annular base valve assembly is properly located within said housing, said upper O-ring gland is aligned with a portion of said OD of said base valve assembly exterior of both said intake pathway and said exhaust pathway (see FIG. 4).
Regarding claim 9, Kasuga discloses an upper O-ring configured to fit with said upper O-ring gland (see FIG. 4), said upper O-ring to form a seal between said annular base valve assembly and said housing to prevent a working fluid from bypassing a valving of said annular base valve assembly as said working fluid flows from a main damper body to said intake pathway (see FIG. 4).
Regarding claim 10, Kasuga discloses that said annular base valve assembly further comprises: a middle O-ring gland (385) about a portion of said OD of said base valve assembly (see FIG. 4), said middle O-ring gland located between said intake pathway and said exhaust pathway (see FIG. 4); and a middle O-ring configured to fit with said middle O-ring gland, said middle O-ring to form a seal between said annular base valve assembly and said housing to prevent a working fluid from moving between said intake pathway and said exhaust pathway (see FIG. 4).
Regarding independent claim 11, Kasuga discloses a shock (see Abstract, FIGS. 2-9) with an annular base valve flow system (see e.g. FIG. 4) comprising: a housing (391 or 210), said housing having an inner diameter (see FIG. 4) and an outer diameter (see FIG. 4); and an annular base valve assembly (380), said annular base valve assembly having an OD smaller than said ID of said housing (see FIG. 4), such that said annular base valve assembly is insertable into said housing (see FIG. 4), said annular base valve assembly comprising: an annular intake pathway (A) (see Annotated FIG. 4, below) axially about a portion of said OD of said base valve assembly (see FIG. 4); and an annular exhaust pathway (B) (see Annotated FIG. 4) axially about another portion of said OD of said base valve assembly (see FIG. 4), wherein said intake pathway (A) is formed axially about a first portion of a perimeter of said annular base valve assembly (see Annotated FIG. 4, below) and wherein said exhaust pathway (B) is formed axially about a second portion of said perimeter of said annular base valve assembly (see Annotated FIG. 4, below); a base valve seat (C) (see Annotated FIG. 4) axially about said ID of said housing (see FIG. 4), said base valve seat configured to properly locate said annular base valve assembly when said annular base valve assembly is inserted into said housing (see FIG. 4) and a control solenoid (310), said control solenoid fluidly coupled with said intake pathway of said annular base valve assembly (see FIG. 4), said control solenoid configured to control a flow of a working fluid through said intake pathway (see FIG. 9), wherein said control solenoid is part of an active valve (see ¶¶ 0073, 0074, 0091-0098), wherein said active valve is configured to automatically adjust its operation, and corresponding damping characteristics of said shock, based upon operational information pertaining to a vehicle on which said shock is used, said operational information comprising one or more aspects of said shock of said vehicle (see ¶¶ 0158, 0196, height of said shock is used to control current to solenoid (310)).
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Regarding claim 12, Kasuga discloses that said annular base valve assembly is axially symmetric (see FIG. 4), such that said annular base valve assembly is insertable into said housing without concern about an axial orientation of said annular base valve assembly with respect to said housing (see FIG. 4, annular grooves connect with intake and exhaust pathways).
Regarding claim 13, Kasuga discloses that said housing (391) is a damper housing (see FIG. 4).
Regarding claim 14, Kasuga discloses that said housing is an external reservoir housing (210) (see FIG. 5).
Regarding claim 15, Kasuga discloses that said housing further comprises: an upper O-ring gland (385) axially about said ID of said housing (see FIG. 4), said upper O-ring gland located above a base valve seat portion such that when said annular base valve assembly is properly located within said housing, said upper O-ring gland is aligned with a portion of said OD of said base valve assembly exterior of both said annular intake pathway and said annular exhaust pathway (see FIG. 4), and an upper O-ring configured to fit with said upper O-ring gland (see FIG. 4), said upper O-ring to form a seal between said annular base valve assembly and said housing to prevent a working fluid from bypassing a valving of said annular base valve assembly as said working fluid flows from a main damper body to said annular intake pathway (see FIG. 4).
Regarding claim 16, Kasuga discloses that said annular base valve assembly further comprises: a middle O-ring gland (385) about a portion of said OD of said base valve assembly (see FIG. 4), said middle O-ring gland located between said annular intake pathway and said annular exhaust pathway (see FIG. 4); and a middle O-ring configured to fit with said middle O-ring gland, said middle O-ring to form a seal between said annular base valve assembly and said housing to prevent a working fluid from moving between said annular intake pathway and said annular exhaust pathway (see FIG. 4).
Response to Arguments
Applicant's arguments filed 18-May-2026 have been fully considered but they are not persuasive.
Regarding the rejection of independent claims 1 and 11 as being anticipated by Kasuga, Applicant argues that “Applicant does not find Kasuga to teach or suggest ‘said operational information pertaining to said vehicle selected from the group consisting of: speed of said vehicle in conjunction with the angular location of a steering wheel of said vehicle, force and/or moments applied to various parts of said vehicle, a trajectory of said vehicle and one or more operational aspects of said shock of said vehicle’” (see Amendment, page 10). Kasuga, however, discloses that the operational information used to control the damper valve comprises the height of the shock (see ¶ 0196), which corresponds to the claimed “one or more operational aspects of said shock of said vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at (571)272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
May 30, 2026
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