DETAILED ACTION
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 .
Allowable Subject Matter
Claims 12-16 and 20-23 are allowed.
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.
Claims 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mochizuki (US 8,408,561 B2).
Regarding claim 17, Mochizuki discloses a shock absorber assembly (fig. 1 and the abstract) with adjustable height for two-, or three-, or four- wheels leaning motor vehicle, said leaning motor vehicle including at least a suspension, comprising a shock absorber with a spring (S), having a nominal length, including at least one spring (S), at least two couplings (note the opposite ends of the shock absorber D) operatively connected to said suspension of the leaning vehicle. said spring having a first end and a second end, at least one hydraulic fluid pusher (5) including a cylinder with an internal chamber (J) installed in series with the spring, said pusher acting on either one of the two ends of the spring or said pusher acting on one of the two couplings, a source of pressurized hydraulic fluid (10, P) in direct fluid connection with said pusher without any intermediate valves by means of a pipe (12) in order to actuate said pusher,
including a single-acting hydraulic pump (P) in direct fluid connection with said pusher said hydraulic pump including a single-acting piston (11a) and a hydraulic cylinder (10a), said piston sliding in a fluid tight manner within said hydraulic cylinder and being operated by a motor assembly (M) in a linear manner in both directions,
wherein the pipe (12) in turn communicates in a fluid manner with the cylinder of the pusher, and wherein the pipe is fixed to a hydraulic connection communicating with the internal chamber (J) of the cylinder,
an accumulator tank assembly (10a) in fluid connection with said pusher (5), said accumulator tank assembly in turn including at least one tank and at least one solenoid valve which controls the opening or closing of the inlet/outlet opening of the hydraulic fluid of said tank in order to allow the discharge of the hydraulic fluid present in the pusher towards said tank and causing an immediate release of the preload of the spring of the shock absorber or an immediate reduction of the loaded length of the shock absorber and therefore an immediate lowering of said leaning motor vehicle (note Mochizuki discloses when the piston 11 displaces upward in the figure, the pump chamber L is compressed such that an amount of working oil corresponding to a reduction in the volume of the pump chamber L flows into the operation chamber J from the screw pump P, and as a result, the vehicle height increases. When the piston 11 displaces downward in the figure, the pump chamber L expands such that working oil flows out of the operation chamber J, which is compressed by the spring load of the suspension spring S, into the pump chamber L of the screw pump P, and as a result, the vehicle height decreases).
Re-claim 18, Mochizuki discloses said motor assembly (M) comprises a rotary type electric motor, a reducer and a mechanism to convert the rotary motion of the electric motor into linear motion.
Re-claim 19, Mochizuki discloses said mechanism to convert the rotary motion into linear motion comprises a mechanism formed by a screw (14) and a nut screw (13) in operative connection with each other.
Response to Arguments
Applicant’s arguments with respect to claims 12-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding claim 17, the examiner notes that claim does not require the source of pressurized hydraulic fluid and the accumulator to be separated and separated pipe for each of the source of pressurized hydraulic fluid and the accumulator connected to the internal chamber of the pusher as the applicant stated in the remark. Mochizuki as set forth above, discloses all of the limitations as claimed including a source of pressurized hydraulic fluid (10, P) in direct fluid connection with said pusher without any intermediate valves by means of a pipe (12) in order to actuate said pusher, wherein a single-acting hydraulic pump (P) in direct fluid connection with said pusher said hydraulic pump including a single-acting piston (11a) and a hydraulic cylinder (10a), said piston sliding in a fluid tight manner within said hydraulic cylinder and being operated by a motor assembly (M) in a linear manner in both directions, wherein the pipe (12) in turn communicates in a fluid manner with the cylinder of the pusher, and wherein the pipe is fixed to a hydraulic connection communicating with the internal chamber (J) of the cylinder, and an accumulator tank assembly (10a) in fluid connection with said pusher (5).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT SICONOLFI can be reached at 5712727124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616