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 § 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.
Claim(s) 27-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0017558 A1 to Nygren et al.
Re-claim 27, Nygren et al. disclose a shock absorber comprising:
a shock absorber body 1 having an upper end and a lower end opposite the upper end, the shock absorber body includes:
an upper eyelet positioned at the upper end of the shock absorber body, the upper eyelet is secures the upper end of the shock absorber to a vehicle;
a lower bushing with a bar-pin positioned at the lower end of the shock absorber body, the lower bushing with bar-pin secures the lower end of the shock absorber to the vehicle;
a damper body 2 is positioned between the upper eyelet and the lower bushing, the damper body is bounded at an upper damper body end by a jounce cap, the jounce cap is connected to the damper body by a seal head assembly (sealing elements are shown in figure 5 and the cap is affixed to the body to form a seal, this retains the fluid within body 2);
a body cap defines a hydraulic compression chamber 6 the body cap attached to a lower end of the damper body with the hydraulic compression chamber positioned exterior of the damper body (top most portion of 6, see figure below);
a damper shaft 4 is slidingly disposed within the damper body and is connected to the upper eyelet, the damper shaft includes a hydraulic jounce post section 4a (this is the disclosed combination of 4 and 13, thus shaft 4 is provided with a narrow section 4a thereby replacing 13, see paragraph 52), the damper shaft slides in a first direction towards the body cap and a second direction, opposite the first direction, away from the body cap;
a main working piston 3 is secured to the damper shaft with hydraulic jounce post by a main working piston nut (Nygren et al. discloses use of a threaded sleeve holding the main piston in place, see paragraph 52, this arrangement replaces post 13 to form a singular element 4/4a for holding piston 5);
a compression piston includes a check disc (see figure 3a and valve elements 11 and 12) and a hydraulic jounce piston 5, the compression piston (as part of 5, this is consistent with the instant invention, since the compression piston and jounce piston are the same piston) is attached directly to the hydraulic jounce post section 4a of the damper shaft 4 (as per paragraph 52, holder 13 is replaced with an extended shaft 4a for connection with piston 5), the check disc defines a plurality of flow paths 9/10 through the compression piston (see figure 4a), the paths prevent buildup of vacuum within the hydraulic compression chamber of the body cap, the hydraulic jounce piston 5 forms a seal with the body cap (see figure 1a) such that oil contained within the shock absorber body flows only through the flow paths 9/10 when the compression piston moves into or out of the hydraulic compression chamber as the damper shaft 4 slides in the first direction or the second direction.
Re-claims 28 and 32, the shock absorber generates a first damping force using only the main working piston 3 when the damper shaft slides in the first direction or the second direction and the compression piston 5 is entirely withdrawn from the hydraulic compression chamber.
Re-claims 29 and 33, the shock absorber generates a second damping force that is greater than the first damping force when the damper shaft slides in the first direction or the second direction and when the compression piston 5 is disposed within the hydraulic compression chamber. The presence of the compression piston within the compression chamber produces an increasing damping force for slowing the overall compression of the shock absorber, see abstract and paragraph 44.
Re-claims 30 and 34, Nygren et al. further discloses a reservoir body 7, the reservoir body comprising: a gas fill plug assembly for filling the reservoir body with a compression fluid (see chamber 7c); a separating piston 7a generates third damping force greater than the second damping force; an adjustable base valve 8 assembly including a base valve adjustment indicator, the adjustable base valve assembly connecting the reservoir body to the damper body.
Re-claim 31, Nygren et al. disclose a shock absorber consisting of:
a shock absorber body 1 having an upper end and a lower end opposite the upper end, the shock absorber body includes:
an upper eyelet positioned at the upper end of the shock absorber body, the upper eyelet is secures the upper end of the shock absorber to a vehicle; a lower bushing with a bar-pin positioned at the lower end of the shock absorber body, the lower bushing with bar-pin secures the lower end of the shock absorber to the vehicle;
a damper body 2 is positioned between the upper eyelet and the lower bushing, the damper body is bounded at an upper damper body end by a jounce cap, the jounce cap is connected to the damper body by a seal head assembly (sealing elements are shown in figure 5 and the cap is affixed to the body to form a seal);
a body cap has an attachment portion and a compression portion 6, the attachment portion receives a lower end of the damper body thus attaching the body cap to the lower end of the damper body 2, the hydraulic compression chamber positioned exterior of the damper body (top most portion of 6);
a damper shaft 4 is slidingly disposed within the damper body and is connected to the upper eyelet, the damper shaft includes a hydraulic jounce post section (the threaded section of shaft 4 that holds post 13 is interpreted as the jounce post section);
a main working piston 3 is secured to the damper shaft with hydraulic jounce post by a main working piston nut (base part of post 13 is threaded to shaft 4 and functions as a nut), the main working piston 3 is sealed against the damper body 2 (see figure 5) to define a main compression chamber C1 between the main working piston 3 and the lower end of the damper body 2;
a hydraulic jounce piston valve stack 13 is attached to the hydraulic jounce post section (i.e. threaded section of 4) of the damper shaft 4;
a compression piston includes a check disc (see figure 3a and valve elements 11 and 12) and a hydraulic jounce piston 5, the compression piston is attached to the hydraulic jounce piston valve stack 13, the check disc defines a plurality of flow paths through the compression piston (see figure 4a) disposed about the hydraulic jounce piston valve stack 13 (it is noted that the jounce piston is the compression piston, as in the instant invention), the paths prevent buildup of vacuum within the hydraulic compression chamber 6 of the body cap, the compression piston (such as 5) has a first configuration in which the compression piston is entirely withdrawn from the hydraulic compression chamber (such as in a fully extended or rebound condition), the compression piston has a second configuration in which the compression piston (as part of 5) is disposed within the hydraulic compression chamber (see at least figure 5) with the hydraulic jounce piston 5 sealed against the body cap, the oil contained within the shock absorber body flows only through the one or more flow paths 9/10 defined through the check disc between the hydraulic compression chamber and the main compression chamber when the compression piston is in the second configuration.
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 21-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nygren et al. in view of US 6,331,010 to Chino et al.
Re-claim 21, Nygren et al. disclose a shock absorber comprising:
a shock absorber body 2 having an upper end and a lower end opposite the upper end, the shock absorber body includes:
a jounce bumper; an upper spring seat;
an upper eyelet is positioned at the upper end of the shock absorber body, the upper eyelet is held in place by the jounce bumper and the upper spring seat, the upper eyelet configured to secure the upper end of the shock absorber to a vehicle;
a lower bushing with bar-pin positioned at the lower end of the shock absorber body, the lower bushing with bar-pin configured to secure the lower end of the shock absorber to the vehicle;
a damper body 2 positioned between the upper eyelet and the lower bushing, the damper body bounded at an upper damper body end by a jounce cap, the jounce cap connected to the damper body by a seal head assembly (see figure above);
a body cap has an attachment portion and a compression portion, the attachment portion receives a lower end of the damper body to attach the body cap to the lower end of the damper body, the compression portion defining a hydraulic compression chamber;
a damper shaft 4 is slidingly disposed within the damper body 2 and connected to the upper eyelet, the damper shaft has a hydraulic jounce post section (4a, see paragraph 52);
a main working piston 3 is secured to the damper shaft 4 with hydraulic jounce post by a main working piston nut (see paragraph 52 and disclosure of threaded sleeve element), the main working piston is sealed against the damper body 2 to define a main compression chamber C1 between the main working piston and the lower end of the damper body;
a compression piston including a check disc and a hydraulic jounce piston, the compression piston attached directly to the hydraulic jounce post section 4a of the damper shaft, the check disc defining one or more flow paths 9/10 through the compression piston 5, the one or more flow paths prevent buildup of vacuum within the hydraulic compression chamber 6 of the body cap, the compression piston has a first configuration in which the compression piston is entirely withdrawn from the hydraulic compression chamber, the compression piston having a second configuration in which the compression piston is disposed within the hydraulic compression chamber with the hydraulic jounce piston sealed against the body cap, the oil contained within the shock absorber body flows only through the one or more flow paths 9/10 defined through the check disc between the hydraulic compression chamber and the main compression chamber when the compression piston is in the second configuration.
However, Nygren et al. fail to teach or show a top mount plate, with the mount plate positioned such that the upper spring seat is between the top mount plate and the jounce bumper, and the eyelet between the top mount plate and the upper spring seat, or the eyelet attached to the top mount plate.
Chino et al. teach a suspension having an eyelet attached to a mount plate 12. This allows for multiple degrees of motion for the suspension relative to the vehicle. The placement of this mount plate upon the eyelet of Nygren et al. would have positioned the eyelet between the mount plate and upper spring seat, while having the spring seat between the mount plate and the jounce bumper. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have recognized the benefit of having provided the suspension and eyelet arrangement of Nygren et al. with a mount plate of the type taught by Chino et al., thus providing the suspension with varying degrees of motion relative to the vehicle structure.
Re-claim 22, the check disc defines six flow paths 9 and/or 10, see figure 4a.
Re-claim 23, the shock absorber generates a first damping force using only the main working piston 3 when the damper shaft slides in the first direction or the second direction and the compression piston 5 is entirely withdrawn from the hydraulic compression chamber.
Re-claim 24, the shock absorber generates a second damping force that is greater than the first damping force when the damper shaft slides in the first direction or the second direction and when the compression piston 5 is disposed within the hydraulic compression chamber. The presence of the compression piston within the compression chamber produces an increasing damping force for slowing the overall compression of the shock absorber, see abstract and paragraph 44.
Re-claim 25, Nygren et al. further discloses a reservoir body 7, the reservoir body comprising: a gas fill plug assembly for filling the reservoir body with a compression fluid (see chamber 7c); a separating piston 7a generates third damping force greater than the second damping force; an adjustable base valve 8 assembly including a base valve adjustment indicator, the adjustable base valve assembly connecting the reservoir body to the damper body.
Re-claim 26, the body cap is attached to the damper body 2, the main compression chamber C1 terminates at the hydraulic compression chamber 6.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-34 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wilson teaches a mounting plate attached to a suspension eyelet.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616
April 30, 2026
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