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 .
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 .
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, and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antonovsky in view of PT-88389 (PT’389).
Re: claims 1, 3, and 5-7. Antonovsky shows in figures 1A-1C an air spring comprising: a first body 32; a first piston 40 cooperating with the first body to define a pressurized first chamber 20 including a gas as described in paragraph [0045], the first piston 40 with the exception of the peripheral surface configured to slidably move relative to the first body 10; a pressurized second chamber 30; a flow passage 33 between the first chamber and the second chamber; a sealing structure 50 or particularly upper and lower elements 50 including the intervening peripheral surface to selectively permit or restrict flow between the first chamber and the second chamber, wherein pressure from both the first chamber and the second chamber contributes to biasing the first piston toward an extended position when flow is permitted between he first chamber and the second chamber; the air spring having a fully extended position (piston in top position) and a fully compressed position (piston in bottom position), the air spring configured such that during the majority of the movement of the air spring from the fully extended position to the fully compressed position flow is permitted from the first chamber to the second chamber and while the air spring is adjacent the fully compressed position, the sealing structure covers an opening into the flow passage to restrict flow between the first chamber and the second chamber.
Antonovsky is silent with regards to the sealing structure being a bushing.
PT’389 teaches in claim 3 the limitation of a seal being in the form of a bushing.
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 sealing structure of Antonovsky to have been a bushing, in view of the teachings of PT’389, in order to include a sealing component that provides greater durability.
Allowable Subject Matter
Claims 4, 9, 10, 12-14, 20-26, and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 29-31, 33-36, and 39-45 are allowed.
Response to Arguments
Applicant's arguments filed 10/30/25 have been fully considered but they are not persuasive. While the rejections using the Perrin reference have been withdrawn in light of the amendments and arguments, the rejections using the Antonovsky reference have been maintained for independent claim 1. Applicant argues that the relatively large aperture 33 is not capable of being covered by the smaller O-ring 50. Examiner notes that it is Antonovsky, in view of the teachings of PT’389, that teaches the claimed limitation. The sealing structure 50 of Antonovsky which includes both upper and lower elements 50 and the intervening peripheral surface of the piston covers the aperture 33 as shown in figure 1C. Modifying the sealing structure of Antonovsky with a bushing in view of the teachings of PT’389 would also cover the aperture 33. Accordingly, the above rejections have been maintained.
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 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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mmb
February 3, 2026
/MELODY M BURCH/Primary Examiner, Art Unit 3616