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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/26/25 has been entered.
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.
Claims 1-6 and 10-12 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.
Re: claim 1. The second phrase “a diaphragm holder tube” is indefinite. It is unclear whether Applicant intends to refer back to the previously recited diaphragm holder tube or recite a new one.
The remaining claims are indefinite due to their dependency from claim 1.
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, 3, 6, 10, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR-2999528 (FR’528).
Re: claims 1, 6, 10, and 11. FR’528 shows in figure 1 an oleo-pneumatic shock absorber comprising a metering needle as labeled, a diaphragm holder tube as labeled and a diaphragm as labeled held by a diaphragm holder tube, the metering needle comprising a base made of a material from which projects a rod shown at the end of the lead arrow labeled metering needle arranged to control a flow of a hydraulic fluid through an orifice of the diaphragm i.e. the hole surrounding the top of the rod, the base having a bottom delimiting an external face of the metering needle and forming an axisymmetrical arch with convexity rotated towards a free end of the rod to withstand pressure forces and in which is inserted and fastened an insert, as labeled arranged to mechanically reinforce the arched bottom and distribute the pressure forces evenly.
[AltContent: textbox (Insert)][AltContent: arrow][AltContent: textbox (External face of metering needle i.e. on opposite side of base from internal area)][AltContent: arrow][AltContent: textbox (Internal area)][AltContent: textbox (Diaphragm)][AltContent: arrow][AltContent: textbox (Metering needle)][AltContent: textbox (Diaphragm holder tube)][AltContent: textbox (Base)]
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but is silent with regard to the material being thermoplastic.
FR’528 teaches in the English abstract the use of a shock absorber component or holder including base 35 being made of thermoplastic.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the material of the metering needle base of FR’528 to have been made of thermoplastic, in view of the teachings of FR’528, in order to provide a lighter structure to result in a cost savings. With regard to claims 10 and 11, see the first line under description in which an aircraft is described.
Re: claim 3. FR’528, as modified, is silent with regard to the insert being a cylindrical bush housed in the arched bottom of the base.
FR’528 teaches in figure 4 the use of an insert 39 being a cylindrical bush housed in an arched bottom of a base 35.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the insert of FR’528, as modified, to have been a cylindrical bush, in view of the teachings of FR’528, in order to provide an insert that is arranged to accommodate radial reinforcing structures due to its cylindrical shape which adds significant structural integrity.
Claim(s) 2 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR-2999528 (FR’528) in view of FR-2671158 (FR’158).
Re: claims 2 and 12. FR’528, as modified, is silent with regard to the insert being made of metal.
FR’158 teaches in the paragraph starting “In Figure 2, we can see an alternative embodiment of stiffener 13” of FR’158 in the limitation wherein the insert 5 is made of metal or particularly steel as suggested in the paragraph beginning “In the example illustrated, the frame 8 is composed of an O-ring 81”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the insert of FR’528, as modified, to have been made of metal, in view of the teachings of FR’158, in order to provide an insert that has significant structural integrity.
Allowable Subject Matter
Claims 4 and 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new grounds of rejection do not rely on the interpretation previously used in the prior rejections of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally.
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December 13, 2025
/MELODY M BURCH/ Primary Examiner, Art Unit 3616