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 1-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Nowacyzk et al. (US-20130081913).
Regarding claim 1, Nowacyzk et al. discloses a shock absorber (fig 2) comprising: an inner tube (30) defining an inner volume; a piston (32) slidably disposed in the inner tube (fig 2), the piston dividing the inner volume of the inner tube into a rebound working chamber and a compression working chamber (fig 2,46/48); an intermediate tube (40) on the inner tube defining an intermediate chamber (84) between the inner tube and the intermediate tube (fig 2), the intermediate chamber being in fluid communication with the inner volume of the inner tube ([0025], at least through 86); an outer tube (36);
the inner tube and the intermediate tube being in the outer tube (figs 2-3), the outer tube defining a reserve chamber (52) between the outer tube and the intermediate tube; a valve (42) fluidly connecting the intermediate chamber and the reserve chamber (figs 2-3); an elongated slot (fig 3 at 122) in the outer tube (36) between the valve (42) and the reserve chamber (52). The opening at 122 in figure 3 has been interpreted as an elongated slot in an axial direction with the cylinder 36. When compared to the circular opening at 102, the opening at 122 has been interpreted as elongated.
Regarding claim 2, Nowacyzk et al. discloses wherein the inner tube (30) is elongated along an axis and the elongated slot is elongated along the axis (fig 3). The opening at 122 in figure 3 has been interpreted as an elongated slot in an axial direction with the cylinder 36.
Regarding claim 3, Nowacyzk et al. discloses wherein the elongated slot (122) has a first end and a second end (fig 3, at least at either side of 100), the first end and the second end being spaced from each other along the axis and spaced from the valve along the axis (fig 3).
Regarding claim 4, Nowacyzk et al. discloses a transfer ring (104 or 124) sealed to the valve and having a bore (110) in fluid communication with the valve and the intermediate chamber (fig 3), the transfer ring extending from the valve through the elongated slot (fig 3).
Regarding claim 5, Nowacyzk et al. discloses wherein the elongated slot (122) has elongated sides (122 including opening at 98) and the transfer ring (124) has a flange abutting the elongated sides of the slot (fig 3 at least at 124).
Regarding claim 6, Nowacyzk et al. discloses a stud (318 and/or 104) fixed to the intermediate tube ([0039] at least wherein 318 is welded to 40), the intermediate tube (40) having an orifice open the intermediate chamber (figs 3 and 7A), the stud having a bore in fluid communication with the orifice, the valve being in fluid communication with the bore of the stud (figs 3-7B).
Regarding claim 7, Nowacyzk et al. discloses wherein the intermediate tube (40) includes a flat defining the office, the stud (104) being fixed to the intermediate tube at the flat (fig 4). In at least figure 4, it has been interpreted that 104 is fixed at the stepped flat portion of 40 at 104.
Regarding claim 8, Nowacyzk et al. discloses wherein the slot (122) has elongated sides and the stud (104) is between intermediate tube and the elongated sides of the slot (fig 3).
Regarding claim 9, Nowacyzk et al. discloses a transfer ring (at least 90 or 318) sealed to the valve and having a bore (110) in fluid communication with the valve and the intermediate chamber (84), the transfer ring extending from the valve through the elongated slot (122) and into the stud (fig 3, [0026]).
Regarding claim 10, Nowacyzk et al. discloses wherein the transfer ring (90) is sealed (O-ring) to bore of the stud (fig 3, [0026]).
Regarding claim 11, Nowacyzk et al. discloses wherein the elongated slot (122) has a first end and a second end (fig 3, at least at either side of 100), the first end and the second end being spaced from each other along the axis and spaced from the transfer ring (90) along the axis (fig 3).
Regarding claim 12, Nowacyzk et al. discloses wherein the elongated slot (122) has a length along the axis and the transfer ring (90) is centered on the length (fig 3). The opening at 122 in figure 3 has been interpreted as an elongated slot in an axial direction with the cylinder 36.
Regarding claim 13, Nowacyzk et al. discloses a valve housing (98) sealed to the outer tube, the valve housing surrounding the elongated slot (fig 3).
Regarding claim 14, Nowacyzk et al. discloses wherein the valve has a first port (120) in communication with the slot and a second port (110) in communication with the intermediate chamber.
Regarding claim 15, Nowacyzk et al. discloses a valve housing (98) sealed to the outer tube (fig 3), the valve housing surrounding the elongated slot and the first port (120) of the valve (fig 3).
Regarding claim 16, Nowacyzk et al. discloses a shock absorber (fig 2) comprising: an inner tube (30) defining an inner volume; a piston (32) slidably disposed in the inner tube (fig 2), the piston dividing the inner volume of the inner tube into a rebound working chamber and a compression working chamber (fig 2,46/48); an intermediate tube (40) on the inner tube defining an intermediate chamber (84) between the inner tube and the intermediate tube (fig 2), the intermediate tube having an orifice (102) open to the intermediate chamber and the inner tube (40) having an orifice open (at least 86) to the intermediate chamber and the inner volume ([0025]); an outer tube (36) defining a reserve chamber (52) between the outer tube and the intermediate tube (fig 2); a valve (42) fluidly connecting the intermediate chamber (84) and the reserve chamber (52) figs 2-3); an elongated slot (fig 3 at 122) in the outer tube (36) between the valve (42) and the reserve chamber (52). The opening at 122 in figure 3 has been interpreted as an elongated slot in an axial direction with the cylinder 36. When compared to the circular opening at 102, the opening at 122 has been interpreted as elongated.
Regarding claim 17, Nowacyzk et al. discloses a stud (at least 104/318) fixed to the intermediate tube (40), the stud having a bore (100/110) in fluid communication with the orifice of the intermediate tube (fig 3).
Regarding claim 18, Nowacyzk et al. discloses a transfer ring (at least 124 and/or 90) sealed to the valve, the transfer ring having a bore (100/110) extending from the valve through the elongated slot to the stud (fig 3).
Regarding claim 19, Nowacyzk et al. discloses wherein the valve (42) has a first port (120) in communication with the slot (122) and a second port in communication with the bore of the transfer ring (110/100).
Regarding claim 20, Nowacyzk et al. discloses a valve housing (98) sealed to the outer tube (fig 2 and 3), the valve housing surrounding the elongated slot and the first port of the valve (fig 3).
Response to Arguments
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive. Regarding claims 1 and 16, Applicant argues that the prior art of record lacks wherein the slot in the outer tube is an elongated slot, Examiner respectfully disagrees. Applicant argues that Examiner’s reference to element 122 is in error since element 122 is a passage and not an opening. Examiner has not relied on passage 122 for the claimed elongated slot, it has been interpreted that the opening at reference numeral 122 in figure 3 is an elongated slot in an axial direction with the cylinder 36. In other words, the opening in the outer tube 36, at or near reference numeral 122, and surrounding at least 104, has been interpreted as elongated in an axial direction. Said interpretation has been made when comparing to the circular, non-elongated opening at 102 which is shown in the same plane as the opening in 36.
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