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 1-2, 4-9, 11-15, and 17-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Kim (US 20200370616).
Regarding claim 1, Kim discloses a fluid flow control device (fig 1) comprising: a central structure (1100); a main piston (1200) disposed around said central structure (fig 1), wherein said main piston has at least one vent (1210/1220); a two stage boost valve assembly (1300, [0055] wherein valve assembly 1300 may serve to generate the damping force that changes with frequency during the rebound stroke and two stage has been interpreted as low frequency range [0073] and high frequency range [0074]) including a boost valve (1300/1310), wherein said boost valve has a gap (at least 1315) fit to receive fluid (fig 1); a shim stack (at least 1350 and above 1350) disposed between said main piston and said boost valve such that said at least one vent (1220) is covered (fig 1); a piston (at least 1330) disposed on top of said gap of said boost valve (fig 1); a spring (at least spring washer 230/232 and/or 1360 [0068] wherein 1360 adjusts elastic deformation coefficient) disposed to bias said piston against said boost valve (fig 1); and a pilot (at least 1110/1111/1112) chamber running through said central structure (fig 1), said pilot chamber fluidly coupled to said gap (at least [0049]).
Regarding claim 2, Kim discloses wherein said main piston (1200) has a chamber that is perpendicular (fig 1 at least a portion of the opening of 1220 has been interpreted as perpendicular) and fluidly coupled to said pilot chamber (fig 1).
Regarding claim 4, Kim discloses wherein said main piston (1200) does not move relative to said central structure (at least [0069], wherein the piston valve 1200 and the valve assembly 1300 move together with the piston rod 1100).
Regarding claim 5, Kim discloses wherein fluid may flow through said fluid flow control device from a first chamber (120) into a second chamber (110), but fluid may not flow from said second chamber into said first chamber (at least wherein depending on the direction of the piston, fluid may not flow against a closed valve passage, i.e during compression, no fluid would flow from 120 to 110).
Regarding claim 6, Kim discloses wherein as fluid flows into said gap, said boost valve is pressed against said shim stack ([0067], at least during the rebound stroke).
Regarding claim 7, Kim discloses wherein after a pressure threshold is reached fluid flow through said vent will open said shim stack, which in turn will raise said boost valve and said piston without changing a volume of fluid in said gap ([0067], wherein the pilot disk 1350 is elastically deformed so that the working fluid passes through thereof depending on the pressure rise of the pilot chamber 1315 during the rebound stroke).
Regarding claim 8, Kim discloses wherein a pilot valve acts as an inlet to said pilot chamber (at least 1320 at 1323).
Regarding claim 9, Kim discloses a fluid flow control device (fig 1) comprising: : a central structure (1100); a main piston (1200) disposed around said central structure (fig 1), wherein said main piston has at least one vent (1210/1220), said main piston having a chamber that is perpendicular and fluidly coupled to a pilot chamber (fig 1 at least a portion of the opening of 1220 has been interpreted as perpendicular); a two stage boost valve assembly (1300, [0055] wherein valve assembly 1300 may serve to generate the damping force that changes with frequency during the rebound stroke and two stage has been interpreted as low frequency range [0073] and high frequency range [0074]) including a boost valve (1300/1310), wherein said boost valve has a gap (at least 1315) fit to receive fluid (fig 1); a shim stack (at least 1350 and above 1350) disposed between said main piston and said boost valve such that said at least one vent (1220) is covered (fig 1), wherein as fluid flows into said gap said boost valve is pressed against said shim stack ([0067], at least during the rebound stroke); a piston (at least 1330) disposed on top of said gap of said boost valve (fig 1); a spring (at least spring washer 230/232 and/or 1360 [0068] wherein 1360 adjusts elastic deformation coefficient) disposed to bias said piston against said boost valve (fig 1); and a pilot (at least 1110/1111/1112) chamber running through said central structure (fig 1), said pilot chamber fluidly coupled to said gap (at least [0049]).
Regarding claim 11, Kim discloses wherein said main piston (1200) does not move relative to said central structure (at least [0069], wherein the piston valve 1200 and the valve assembly 1300 move together with the piston rod 1100).
Regarding claim 12, Kim discloses wherein fluid may flow through said fluid flow control device from a first chamber (120) into a second chamber (110), but fluid may not flow from said second chamber into said first chamber (at least wherein depending on the direction of the piston, fluid may not flow against a closed valve passage, i.e during compression, no fluid would flow from 120 to 110).
Regarding claim 13, Kim discloses wherein after a pressure threshold is reached fluid flow through said vent will open said shim stack, which in turn will raise said boost valve and said piston without changing a volume of fluid in said gap ([0067], wherein the pilot disk 1350 is elastically deformed so that the working fluid passes through thereof depending on the pressure rise of the pilot chamber 1315 during the rebound stroke).
Regarding claim 14, Kim discloses wherein a pilot valve acts as an inlet to said pilot chamber (at least 1320 at 1323).
Regarding claim 15, Kim discloses a fluid flow control device (fig 1) comprising: : a central structure (1100); a main piston (1200) disposed around said central structure (fig 1), wherein said main piston has at least one vent (1210/1220), said main piston having a chamber that is perpendicular and fluidly coupled to a pilot chamber (fig 1 at least a portion of the opening of 1220 has been interpreted as perpendicular); a two stage boost valve assembly (1300, [0055] wherein valve assembly 1300 may serve to generate the damping force that changes with frequency during the rebound stroke and two stage has been interpreted as low frequency range [0073] and high frequency range [0074]) including a boost valve (1300/1310), wherein said boost valve has a gap (at least 1315) fit to receive fluid (fig 1); a shim stack (at least 1350 and above 1350) disposed between said main piston and said boost valve such that said at least one vent (1220) is covered (fig 1), wherein as fluid flows into said gap said boost valve is pressed against said shim stack ([0067], at least during the rebound stroke); a piston (at least 1330) disposed on top of said gap of said boost valve (fig 1); wherein after a pressure threshold is reached fluid flow through said vent will open said shim stack, which in turn will raise said boost valve and said piston without changing a volume of fluid in said gap ([0067], wherein the pilot disk 1350 is elastically deformed so that the working fluid passes through thereof depending on the pressure rise of the pilot chamber 1315 during the rebound stroke) ; a spring (at least spring washer 230/232 and/or 1360 [0068] wherein 1360 adjusts elastic deformation coefficient) disposed to bias said piston against said boost valve (fig 1); and a pilot (at least 1110/1111/1112) chamber running through said central structure (fig 1), said pilot chamber fluidly coupled to said gap (at least [0049]).
Regarding claim 17, Kim discloses wherein said main piston (1200) does not move relative to said central structure (at least [0069], wherein the piston valve 1200 and the valve assembly 1300 move together with the piston rod 1100).
Regarding claim 18, Kim discloses wherein fluid may flow through said fluid flow control device from a first chamber (120) into a second chamber (110), but fluid may not flow from said second chamber into said first chamber (at least wherein depending on the direction of the piston, fluid may not flow against a closed valve passage, i.e during compression, no fluid would flow from 120 to 110).
Regarding claim 19, Kim discloses wherein a pilot valve acts as an inlet to said pilot chamber (at least 1320 at 1323).
Regarding claim 20, Kim discloses a shock absorber comprising: a cylinder (100), said cylinder comprising a cylinder inner diameter; a rod (1100); a main damping piston (1200), said main damping piston coupled to said rod and configured for operation within said cylinder (fig 1), said main damping piston configured to divide said cylinder into a compression side (110) and a rebound side (120); and a fluid flow control system fluidically coupled to said damper chamber for controlling fluid flow in said shock absorber comprising: a central structure (1100); a main piston (1200) disposed around said central structure (fig 1), wherein said main piston has at least one vent (1210/1220); a two stage boost valve assembly (1300, [0055] wherein valve assembly 1300 may serve to generate the damping force that changes with frequency during the rebound stroke and two stage has been interpreted as low frequency range [0073] and high frequency range [0074]) including a boost valve (1300/1310), wherein said boost valve has a gap (at least 1315) fit to receive fluid (fig 1); a shim stack (at least 1350 and above 1350) disposed between said main piston and said boost valve such that said at least one vent (1220) is covered (fig 1); a piston (at least 1330) disposed on top of said gap of said boost valve (fig 1); a spring (at least spring washer 230/232 and/or 1360 [0068] wherein 1360 adjusts elastic deformation coefficient) disposed to bias said piston against said boost valve (fig 1); and a pilot (at least 1110/1111/1112) chamber running through said central structure (fig 1), said pilot chamber fluidly coupled to said gap (at least [0049]).
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.
Claims 3, 10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US-9534653)
Regarding claims 3, 10, and 16, Kim lacks at least one o-ring disposed between said central structure and said boost valve; at least one o-ring disposed between said central structure and said piston; at least one o-ring disposed between said piston and said boost valve. Kim ‘653 teaches a piston/valve assembly wherein O-ring between working parts can prevent leakage of working fluid (col. 7, line 20-21 and cl. 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make use of O-rings between working parts in order to prevent leakage of working fluid (Kim, col. 7, line 20-21).
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive. Regarding claims 1, 9, 15, and 20, Applicant argues that the prior art of record does not disclose a two stage boost valve assembly, Examiner respectfully disagrees. Applicant notes [0022]-[0027] as said disclosure for said two stage boost valve assembly but does not specifically argue as to what or how the two stage boost valve assembly is distinguished from Kim, only that Kim is lacking. It has been interpreted that Kim discloses in at least paragraphs [0055] and [0073-0075] wherein the boost valve assembly 1300 operates in two stages, wherein valve assembly 1300 may serve to generate the damping force that changes with frequency during the rebound stroke. The two stages have been interpreted as the low frequency range [0073] and the high frequency range [0074]).
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