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 .
This communication is in response to application No. 17/889,588; Overmolded Air Strut Top Cap with Metal Reinforcements; filed on 08/17/2022 and amended on 5/12/2025. Claims 1 - 20 are currently pending and have been examined. Claims 2-4 and 12-14 have been cancelled by amendment.
Claim Objections
Claims 1 and 11 objected to because of the following informalities:
Claim 1, line 10; “a damper bushing” should read “the damper bushing”
Claim 11, line 6; “a damper bushing” should read “the damper bushing”
Appropriate correction is required.
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.
Claim 15 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. Claim 15 was amended to depend from claim 12 which was cancelled in the same amendment. For examination purposes, claim 15 will be interpreted to depend from claim 11.
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.
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Claims 1, 5-6, 8-11, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman (US 4,796,870) in view of Gleu (US 2020/0223275 A1).
Regarding Claim 1, Hoffman discloses;
An air spring strut for a motor vehicle comprising: a shock absorber (shock strut 2; Fig. 2, Hoffman);
a top cap (air spring enclosure 30) with an overmold housing (isolator 24), and a metal flange (flange 25, conical portion 26; Col. 5, lines 6-9) overmolded to the overmold housing wherein the metal flange is configured for attachment to a frame member (vehicle chassis 6) of the motor vehicle and the overmold housing configured for receiving a damper bushing (sleeve portion 33); and
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a bellows (sleeve 11) including a first end (upper end at 22) clamped to the housing of the top cap and a second end (lower end at 15) attached to a portion of the shock absorber, the bellows defining a working space (air chamber 21) filled with air and forming a rolling fold that rolls on the top cap and the shock absorber.
Hoffman does not disclose that the overmolding material is plastic, instead specifying an elastomeric material. However Gleu teaches,
a plastic overmolded housing (cover part 43; Fig 3, Gleu), wherein the flange (cover part 41) is configured for attachment to a frame member of a motor vehicle. (Gleu overmolds the plastic material of cover part (43) over the fasteners (52) which mount the unit to the vehicle frame. Paragraph 47 of Gleu. Cover part 43 is not overmolded to cover part 41 but is instead is bonded to it.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Hoffman to include plastic as a material from which to mold a top cap housing as taught by Gleu, as the references and the claimed invention are directed to vehicle air spring and damper units. As disclosed by Gleu, it is well known for plastic to be utilized as a material from which to mold a top cap in an air spring unit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoffman to utilize plastic as a material from which to mold a top cap as taught by Gleu, as such a modification would provide for increased stability and strength. (Paragraph 14, Gleu).
Hoffman does not disclose that the bellows clamp to a portion of the top cap which is a housing formed by the overmolded material. However Gleu teaches,
a bellows including a first end clamped to the overmold housing (attached at clamping base 50) of the top cap. (Paragraphs 73-74 describe a clamping base 50 made of the overmolded material for the attachment of a bellow to encompass an air chamber volume 44. The resulting modification of Hoffman under the teaching of Gleu would replace the metal housing of the overmolded top cap of Hoffman with the housing made of the overmold material as taught by Gleu.)
Hoffman discloses an overmolded top cap containing a top cavity for a damper bushing (see Fig. 2) and an opening for the piston rod, but does not include a bottom cavity for a jounce bumper overmolded as part of the top cap. However Gleu teaches,
wherein the plastic overmold housing defines a top cavity (Fig. 3; Gleu) for a damper bushing, a bottom cavity (Fig. 3) for a jounce bumper and an opening extending therebetween for a piston rod of the shock absorber. (Fig. 3 illustrates a top cavity for a damper bushing and a bottom cavity for a jounce bumper and the opening between the two for the piston rod. Paragraph 64 describes the opening in the damper bearing receptacle (45) as being for the damper piston rod)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Hoffman for a housing consisting of top and bottom cavities with a connecting opening for a piston rod of a damper unit as taught by Gleu, as the references and the claimed invention are directed to vehicle air spring and damper units. As disclosed by Gleu, it is well known for a housing to consist of top and bottom cavities with a connecting opening for a piston rod of a damper unit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoffman to include a housing consisting of top and bottom cavities with a connecting opening for a piston rod of a damper unit as taught by Gleu, as such a modification would provide a mounting for the damper bearing and piston rod. (Paragraph 64, Gleu).
Hoffman further discloses;
wherein the metal flange (flange 25; Hoffman, Fig. 2) comprises a center portion disposed within the plastic overmold housing between the top cavity and the bottom cavity (Fig. 2 of Hoffman demonstrates the center portion of the metal flange (25) is filled with molded material in the area between the piston rod mount (52) and the piston rod bumper (48).)
and the bottom cavity and an outer portion of the metal flange (flange 25; Fig. 2) extends outward from the center portion and from the plastic overmold housing. (Fig. 2 of Hoffman demonstrates that the metal flange extends outwards from the molded center section. This section contains the mounting surface to the vehicle structure. With the teaching of Gleu, the molded material becomes plastic and the bottom cavity (for the jounce bumper) is molded as part of the overmolded housing.)
Regarding Claim 5, Hoffman in view of Gleu discloses;
wherein the center portion of the metal flange includes at least one opening (holes 31; Fig. 2) and plastic material of the plastic overmold housing is disposed within the at least one opening for securing the metal flange within the plastic overmold housing. (Paragraph 9 describes the holes (31) as allowing the molding material to flow through and integrally join the central and outer areas of the housing. With the addition of Gleu, this becomes a plastic material.)
Regarding Claim 6, Hoffman as modified by Gleu discloses;
wherein the bottom cavity is configured to receive and hold a bumper (bumper 48; Hoffman, Fig. 2) to limit movement and absorb energy from the shock absorber. (Hoffman, Col. 5, line 34 to Col. 6, line 3, describes a bumper to limit shock travel, which is attached to the piston rod in a cavity below the top cap. With the addition of the molded top cap with a lower cavity of Gleu, the bumper is located within this cavity.)
Regarding Claim 8, Hoffman further discloses;
wherein the metal flange includes a plurality of outwardly extending ribs (end flange 25; Figs. 2, 5) that extend outward from the overmold housing (air spring enclosure 30). (Col. 5, lines 1-15 describe the metal flange 30 as extending beyond the overmolded cover 30 to include mounting holes 29.)
Regarding Claim 9, Hoffman further discloses;
including at least one metal fastening member (bolt 7; Fig. 2, Col. 5, lines 1-15) secured to the metal flange.
Regarding Claim 10, Hoffman utilizes a clamping band (20) internal to the metal portion of the upper housing. With the change to a molded plastic upper housing as taught by Gleu, the bellows is attached externally to the housing. Gleu teaches a metal ring to support this mount;
including a support ring (metallic reinforcing ring 51, Fig. 3, paragraph 82) partially overmolded within the plastic overmold housing (cover part 42), the support ring formed from a metal and is disposed radially inward of a crimp surface (clamping base 50) for the first end of the bellows.
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Hoffman to include a metal support ring disposed radially inward of a crimp surface as taught by Gleu, as the references and the claimed invention are directed to vehicle air spring and damper units. As disclosed by Hoffman, it is well known for a metal support ring to be disposed radially inward of a crimp surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoffman to include a metal support ring disposed radially inward of a crimp surface as taught by Gleu, as such a modification would provide the ability to support the attachment of the bellows to an external surface of the molded air spring upper housing. (Paragraph 82, Gleu)
Regarding Claim 11,
A top cap assembly for an air spring strut (shock strut 2; Fig. 2, Hoffman), the top cap assembly (air spring enclosure 30) comprising: an overmolded metal flange (flange 25) extending outwardly from an overmold housing, wherein
the metal flange is configured for attachment to a frame member (vehicle chassis 6) of a motor vehicle and the overmold housing (isolator 24) configured for receiving a damper bushing (sleeve portion 33).
Hoffman does not disclose that the overmolding material is plastic, instead specifying an elastomeric material. However Gleu teaches,
a plastic overmolded housing (cover part 43; Fig 3, Gleu), wherein the flange (cover part 41) is configured for attachment to a frame member of a motor vehicle. (Gleu overmolds the plastic material of cover part (43) over the fasteners (52) which mount the unit to the vehicle frame. Paragraph 47 of Gleu)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Hoffman to include plastic as a material from which to mold a top cap housing as taught by Gleu, as the references and the claimed invention are directed to vehicle air spring and damper units. As disclosed by Gleu, it is well known for plastic to be utilized as a material from which to mold a top cap in an air spring unit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoffman to utilize plastic as a material from which to mold a top cap as taught by Gleu, as such a modification would provide for increased stability and strength. (Paragraph 14, Gleu).
Hoffman discloses an overmolded top cap containing a top cavity for a damper bushing (see Fig. 2) and an opening for the piston rod, but does not include a bottom cavity for a jounce bumper overmolded as part of the top cap. However Gleu teaches,
wherein the plastic overmold housing defines a top cavity (Fig. 3; Gleu) for a damper bushing, a bottom cavity (Fig. 3) for a jounce bumper and an opening (Fig. 3) extending therebetween for a piston rod of the shock absorber; and (Paragraph 64 describes the opening in the damper bearing receptacle (45) as being for the damper piston rod)
Hoffman further discloses;
wherein the metal flange (flange 25; Fig. 2, Hoffman) comprises a center portion disposed within the plastic overmold housing between the top cavity and the bottom cavity and (Fig. 2 of Hoffman demonstrates the center portion of the metal flange (25) is filled with molded material in the area between the piston rod mount (52) and the piston rob bumper (48).)
an outer portion of the metal flange (flange 25; Fig. 2, Hoffman) extends outward from the center portion and from the plastic overmold housing. (Fig. 2 of Hoffman demonstrates that the metal flange extends outwards from the molded center section. This section contains the mounting surface to the vehicle structure.)
Regarding Claim 15, in view of the 112(b) rejection noted above, Hoffman in view of Gleu discloses;
wherein the center portion of the metal flange includes at least one opening (holes 31; Fig. 2) and plastic material of the plastic overmold housing is disposed within the at least one opening for securing the metal flange within the plastic overmold housing. (Paragraph 9 describes the holes (31) as allowing the molding material to flow through and integrally join the central and outer areas of the housing.)
Regarding Claim 16, Hoffman discloses;
A method of assembling an air strut assembly comprising: forming a metal flange (flange 25) to include attachment features configured for securement to a frame member (vehicle chassis 6) of a motor vehicle;
forming a top cap assembly (air spring enclosure 30) by overmolding the metal flange into an overmold housing (isolator 24) such that features of the metal flange configured for securement to the motor vehicle extend outside of the overmold housing;
assembling a shock absorber assembly to the top cap assembly (shock strut 2; Fig. 2, Hoffman); and
assembling a first end (upper end at 22) of a bellows (sleeve 11) to the top cap and a second end (lower end at 15) of the bellows to a portion of the shock absorber, the bellows defining a working space (air chamber 21) filled with air and forming a rolling fold that rolls on the top cap and the shock absorber.
Hoffman does not disclose that the overmolding material is plastic, instead specifying an elastomeric material. However Gleu teaches,
forming a top cap assembly by overmolding the metal flange into a plastic overmold housing (cover part 43; Fig 3, Gleu), such that features of the metal flange (cover part 41) configured for securement to the motor vehicle extend outside of the plastic overmold housing; (Gleu overmolds the plastic material of cover part (43) over the fasteners (52) which mount the unit to the vehicle frame. Paragraph 47 of Gleu)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Hoffman to include plastic as a material from which to mold a top cap housing as taught by Gleu, as the references and the claimed invention are directed to vehicle air spring and damper units. As disclosed by Gleu, it is well known for plastic to be utilized as a material from which to mold a top cap in an air spring unit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoffman to utilize plastic as a material from which to mold a top cap as taught by Gleu, as such a modification would provide for increased stability and strength. (Paragraph 14, Gleu).
Gleu further teaches;
wherein after assembly the plastic overmold housing defines a top cavity (Fig. 3; Gleu) for a damper bushing, a bottom cavity (Fig. 3) for a jounce bumper and an opening (Fig. 3) extending therebetween for a piston rod of the shock absorber; and (Paragraph 64 describes the opening in the damper bearing receptacle (45) as being for the damper piston rod)
Hoffman further discloses;
wherein the metal flange (flange 25; Fig. 2, Hoffman) comprises a center portion disposed within the plastic overmold housing between the top cavity and the bottom cavity and (Fig. 2 of Hoffman demonstrates the center portion of the metal flange (25) is filled with molded material in the area between the piston rod mount (52) and the piston rob bumper (48).)
an outer portion of the metal flange (flange 25; Fig. 2, Hoffman) extends outward from the center portion and from the plastic overmold housing. (Fig. 2 of Hoffman demonstrates that the metal flange extends outwards from the molded center section. This section contains the mounting surface to the vehicle structure.)
Regarding Claim 17, Hoffman utilizes a clamping band (20) internal to the metal portion of the upper housing. With the change to a molded plastic upper housing as taught by Gleu, the bellows is attached externally to the housing. Gleu teaches a metal ring to support this mount;
wherein forming the top cap assembly further includes overmolding a support ring (metallic reinforcing ring 51; Gleu, Fig. 3, paragraph 82) partially within the plastic overmold housing (cover part 42) and radially inward of a crimp portion (clamping base 50) formed of the plastic material of the plastic overmold assembly.
Regarding Claim 18, Hoffman further discloses;
including forming the metal flange to include rib portions (end flange 25; Figs. 2, 5) extending radially outward from a center portion, wherein the attachment features are disposed on the rib portions. (Col. 5, lines 1-15 describe the metal flange 30 as extending beyond the overmolded cover 30 to include mounting holes 29.)
Regarding Claim 19, Hoffman further discloses;
wherein the center portion of the metal flange is formed to include at least one opening (holes 31; Fig. 2) and forming the top cap assembly includes overmolding the metal flange such that plastic material of the plastic overmold housing is disposed within the at least one opening for securing the metal flange within the plastic overmold housing. (Paragraph 9 describes the holes (31) as allowing the molding material to flow through and integrally join the central and outer areas of the housing.)
Regarding Claim 20, Hoffman further discloses;
wherein assembling the shock absorber to the top cap (air spring enclosure 30; Hoffman, Fig. 2) assembly further includes assembling the damper bushing (sleeve portion 33) into the top cavity and extending the piston rod (piston rod 4, Fig. 2) through the opening in the top cap (bore 44, Fig. 3) into the top cavity and attaching the piston rod to the damper bushing. (Hoffman utilizes the molded elastomeric material in the center of the top cap as a damper bushing and the central portion of this forms a top cavity filled with the material. The piston rod is then secured by a nut (54) as seen in Fig. 2. Gleu then teaches a top cap consisting of an upper cavity and a lower cavity connected by a hole through which the piston rod passes (see paragraph 64 of Gleu).
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Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hoffman in view of Gleu as applied to claim 2 above, and further in view of Pielock (US 2020/0039309 A1).
Regarding Claim 7, Gleu appears to show a groove in the housing but is silent as to its purpose. Therefore Hoffman as modified by Gleu does not disclose an integrally molded inner groove for receiving a retaining ring to secure a closure cap. However, Pielock teaches;
The air spring strut as recited in claim 2, wherein the top cavity includes an integrally molded inner groove for receiving a retaining ring (retaining ring 18) to secure a closure cap (cap 16) to the top cap. (Pielock, paragraph 30, Fig. 1, describes a retaining ring fitted to a groove in the cover (3) which fastens the closure cap.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Hoffman as modified by Gleu to include an integrally molded inner groove for receiving a retaining ring to secure a closure cap to a top cap as taught by Pielock, as the references and the claimed invention are directed to vehicle air spring and damper units. As disclosed by Pielock, it is well known for an integrally molded inner groove for receiving a retaining ring to be used to secure a closure cap to a top cap. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoffman as modified by Gleu to include an integrally molded inner groove for receiving a retaining ring to secure a closure cap to a top cap as taught by Pielock, as such a modification would provide the ability to fasten a closure cap to the upper housing.
Response to Amendment
Objections to Claims 1, 20 have been corrected with the amendments of 5/12/2025. These claim objections are withdrawn.
Response to Arguments
Applicant’s arguments, see page 7, line 20, filed 05/12/2025, with respect to the rejection(s) of claim(s) 1, 11, and 16 under 35 U.S.C. 103 have been fully considered and are persuasive. However, upon further consideration, and in view of the amendments, a new ground(s) of rejection is made in view of Gleu (US 2020/0223275 A1).
Applicant argues that the upper bellows attachment feature of Hoffman is part of a housing, which is part of the overmolded top cap, but which is not itself constructed of the overmolding material, rather it is of a metal material the same as the vehicle-frame mounting bracket/flange. However, Gleu describes a top cap, which is also of an overmolded construction, utilizing a plastic material, which includes an upper bellows attachment feature (50 of Fig. 3 of Gleu) to a housing formed of the overmolding material, rather than a metal support bracket/flange. Gleu also discloses in another embodiment (seen in Fig. 2 of Gleu but not included here) an upper bellows attachment feature as part of an overmolded top cap for air spring shock absorber.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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/SCOTT LAWRENCE STRICKLER/ Examiner, Art Unit 3614
/JASON D SHANSKE/ Supervisory Patent Examiner, Art Unit 3614