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 .
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 1-7, 10-12, 15-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Derr et al. (US-5163538).
Regarding claim 1, Derr et al. discloses an outer tube (12) elongated along an axis; a cylinder (20) elongated along the axis within the outer tube; a piston (26) disposed in the cylinder and movable along the axis; an intermediate tube (22) attached concentrically around the cylinder (fig 1), the intermediate tube and the cylinder defining an intermediate chamber (54) radially between the cylinder and the intermediate tube (fig 1); a ring (56) press-fitted around an outer diameter of the intermediate tube (fig 1 , col. 3, line 33); and a valve (66) attached to the outer tube and in fluid communication with the intermediate chamber (fig 1); wherein the intermediate tube includes an intermediate-tube opening (62) extending radially through the intermediate tube (fig 1); the ring (56) includes an inner cylindrical surface having a first longitudinal axis (fig 1) and an outer cylindrical surface (58) having a second longitudinal axis (fig 1), the first and second longitudinal axes being offset from one another such that the ring includes a variable wall thickness (fig 1 and col. 3, line 31-33 at least wherein the included longitudinal rib 58 has been interpreted as the varied thickness section); the ring includes a ring opening (60) extending radially through the ring (col. 3, lines 32-36); the ring opening is aligned with the intermediate-tube opening (fig 1); and the valve is in fluid communication with the intermediate chamber through the ring opening and the intermediate-tube opening (col. 3, lines 32-36).
Regarding claim 2, Derr et al. discloses wherein the valve (66) includes a valve tube (70) extending radially relative to the axis and abutting the ring (fig 1), and the valve is in fluid communication with the intermediate chamber via the valve tube (col. 3, lines 42-45).
Regarding claim 3, Derr et al. discloses wherein the valve tube extends radially through the outer tube (fig 1, 70/72, col. 3, lines 42-45).
Regarding claim 4, Derr et al. discloses wherein a diameter of the intermediate-tube opening (62) is at least as great as a diameter of the ring opening (60, fig 1).
Regarding claim 5, Derr et al. discloses wherein the diameter of the ring opening (60) is equal to the diameter of the intermediate-tube opening (fig 1, 62).
Regarding claim 6, Derr et al. discloses wherein the ring (56) includes a radially outer surface, the radially outer surface includes a flat portion (fig 1, at least the portion of 56 abutting 70 in fig 1), and the ring opening extends through the ring at the flat portion (fig 1).
Regarding claim 7, Derr et al. discloses wherein the valve includes a valve tube (70) extending radially relative to the axis and abutting the flat portion of the radially outer surface of the ring (fig 1, at least the portion of 56 abutting 70 in fig 1), and the valve is in fluid communication with the intermediate chamber via the valve tube (fig 1, col. 3, lines 42-45).
Regarding claim 10, Derr et al. discloses a sleeve lining (at least 72) the ring opening (fig 1).
Regarding claim 11, Derr et al. discloses wherein the sleeve (72) extends from a radially inner end at a radially inner surface of the ring to a radially outer end at a radially outer surface of the ring (fig 1), and the sleeve includes a ridge (at least the vertical portion of 70 that is adjacent 72) extending around the radially outer end of the sleeve (fig 1).
Regarding claim 12, Derr et al. discloses wherein the valve (66) includes a valve tube (76) extending radially relative to the axis and abutting the sleeve within the ridge (fig 1), and the valve is in fluid communication with the intermediate chamber via the valve tube (fig 1).
Regarding claim 15, Derr et al. discloses wherein the outer tube defines an outer chamber (24), and the outer chamber is in fluid communication with the intermediate chamber via the valve (at least col. 4, lines 14-20).
Regarding claim 16, Derr et al. discloses wherein the valve (66) is actuatable to adjust a flow rate between the outer chamber and the intermediate chamber (col. 4, lines 1-35).
Regarding claim 17, Derr et al. discloses wherein the cylinder defines a cylinder chamber (28/30), and the cylinder includes a cylinder opening (at least 52) permitting flow between the cylinder chamber and the intermediate chamber (54) (fig 1, col. 3, lines 25-30).
Regarding claim 18, Derr et al. discloses wherein the cylinder opening (52) is offset along the axis from the ring (fig 1, 56).
Regarding claim 19, Derr et al. discloses wherein the intermediate tube (22) extends axially from a first end to a second end (fig 1), the first end of the intermediate tube is sealed to the cylinder around the outer diameter of the cylinder (fig 1), and the second end of the intermediate tube is sealed to the cylinder around the outer diameter of the cylinder (fig 1, top and bottom of 22).
Regarding claim 20, Derr et al. discloses wherein the piston divides the cylinder into a first cylinder chamber (28) and a second cylinder chamber (30), and movement of the piston changes volumes of the first cylinder chamber and the second cylinder chamber (fig 1, col. 2, line 50-end).
Claims 1, 8, 9, 13, and 14 are rejected under 35 U.S.C. 102a1 as being anticipated by Yamasaki et al. (US-20120073920).
Regarding claim 1, Yamasaki et al. discloses an outer tube (3) elongated along an axis; a cylinder (2) elongated along the axis within the outer tube; a piston (5) disposed in the cylinder and movable along the axis; an intermediate tube (20) attached concentrically around the cylinder (fig 1), the intermediate tube and the cylinder defining an intermediate chamber (21) radially between the cylinder and the intermediate tube (fig 1); a ring (33) press-fitted around an outer diameter of the intermediate tube (figs 5-6); and a valve (25) attached to the outer tube and in fluid communication with the intermediate chamber (fig 1); wherein the intermediate tube includes an intermediate-tube opening (30) extending radially through the intermediate tube (fig 1); the ring (33) includes an inner cylindrical surface having a first longitudinal axis (fig 1, surface adjacent 20) and an outer cylindrical surface (33, surface opposite 20) having a second longitudinal axis (fig 4), the first and second longitudinal axes being offset from one another such that the ring includes a variable wall thickness (fig 4 wherein it has been interpreted that at least portion 34 has varied thickness section of 33); a ring opening (36) extending radially through the ring (figs 1 and 3); the ring opening is aligned with the intermediate-tube opening (fig 1); and the valve is in fluid communication with the intermediate chamber through the ring opening and the intermediate-tube opening (fig 1).
Regarding claim 8, Yamasaki et al. discloses wherein the ring opening (36) extends from a radially inner end to a radially outer end (fig 3-6), and the ring includes a ridge (34) extending around the radially outer end of the ring opening (figs 3-6).
Regarding claim 9, Yamasaki et al. discloses wherein the valve (25) includes a valve tube (30) extending radially relative to the axis and abutting the ring within the ridge (at least wherein 30 is within 34), and the valve is in fluid communication with the intermediate chamber via the valve tube (fig 1).
Regarding claim 13, Yamasaki et al. discloses wherein the ring (33) extends more than 180° and less than 360° around the axis (fig 5, 35/33).
Regarding claim 14, Yamasaki et al. discloses wherein a radial thickness of the ring is greater at the ring opening (at or around 34) than at a point on the ring 180° around the axis from the ring opening (fig 5).
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that the prior art of record (Derr et al. and Yamasaki rt al.) lacks wherein the ring includes “an inner cylindrical surface having a first longitudinal axis and an outer cylindrical surface having a second longitudinal axis, the first and second longitudinal axes being offset from one another such that the ring includes a variable wall thickness”, Examiner respectfully disagrees.
With regards to Derr et al. and in response to the amendment, it has been interpreted that at least element 58, a longitudinal rib included with sleeve 56 provides an inner and outer cylindrical surface having respective axis offset from one another and includes a variable wall thickness at 58 (at least figure 1 and col. 3, line 31-33).
With regards to Yamasaki et al. and in response to the amendment, it has been interpreted that at least at element 34 in fig 4 is a varied thickness section of 33 and wherein 33 provides an inner and outer cylindrical surface having respective axis offset from one another.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/J.K.H/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616