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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/18/2026 has been entered.
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.
Claims 1-7 are 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.
Regarding claim 1, line 14, the amended limitation “wherein the adjuster has an operational portion which is provided in the cap” is unclear. It is unclear if the limitation in line 14 “an operational portion” is the same “an operational portion” recited in line 17. It is unclear if the amendment has caused antecedent basis issues in the claim.
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 1-4, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Shirai (US-20150137478) in view of Shimauchi (WO- 2021024777).
Shirai discloses a telescopic fork main body (12) having a vehicle body side tube and an axle side tube (12/34/36, figs 2-3), the telescopic fork main body being extendable, a cap (53) placed in a vehicle body side end of the vehicle body side tube (at least figs 3 and 11); a cylinder (24/26) provided inside the axle side tube (fig 3); a rod (at least 60/90, figs 4 and 9) inserted into the cylinder so as to be movable in an axial direction (at least movable member 60), the rod having one end coupled to the cap (at least through 94, the coupling being similar to Applicant’s rod adapter 13); an electric device (62/66) mounted inside the cylinder (fig 4); an electric wire (160) connected to the electric device ([0081]); and an adjuster (at least adjustment structure 54) capable of adjusting a support position (P1 or P2) of a spring seat (figs 12 and 13 at least movable member 60) wherein the adjuster has an operational portion which is provided in the cap (fig 11, at least wherein 66 is within 53 and or/figs 16-17 wherein the motor 62 is within the cap 53) the electric wire (160) is drawn from the cap at a position misaligned from an axial center line of the fork main body to an outside of the fork main body (fig 11), and an operational portion (at least 148 or 66, or 64) of the adjuster (54) is provided in the cap (53) at a position that is misaligned from the axial center line of the fork main body and that is apart from the electric wire (at least figs 4, 5, and 11, and wherein at least a portion of adjustment structure 54 has been interpreted to be within 53 and axially offset from 160).
However, Shirai lacks the claimed suspension spring arrangement wherein a suspension spring mounted inside the fork main body biasing the fork main body in an extending direction and supported by the spring seat. Shimauchi teaches a telescopic fork main body (F) having a vehicle body side tube and an axle side tube (1/2, figs 1-3), the telescopic fork main body being extendable, a cap (3) placed in a vehicle body side end of the vehicle body side tube (at least figs 1-2); a cylinder (4) provided inside the axle side tube (figs 1-2); a rod (5) inserted into the cylinder so as to be movable in an axial direction (figs 1-2), the rod having one end coupled to the cap (3 at 5b); an electric device (S/SV) mounted inside the cylinder (figs 1-2); an electric wire (7) connected to the electric device (figs 1-3); a suspension spring (23) mounted inside the fork main body (fig 3), the suspension spring (23, figs 1-2) biasing the fork main body in an extending direction (figs 1-2, translation p. 3, paragraph 5 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the adjustable front fork of Shirai with the suspension spring Shimauchi at least because Shimauchi teaches a well-known spring/preload support configuration for front forks that provides adjustable preload characteristics while maintaining compact packaging within the fork assembly. Combining the adjustable front fork of Shirai with the suspension spring Shimauchi would have predictably resulted in a front fork having adjustable spring preload while retaining Shirai’s advantageous arrangement of the electric wire and adjuster operational part within the cap.
Regarding claim 2, Shirai discloses wherein the rod has a tubular shape, and the electric wire is drawn to an outside of the cylinder through an interior of the rod (at least figs 4, 9 and 11).
Regarding claim 3, Shirai discloses wherein the cap (53) includes a lid having a disc shape (at least figs 4 and 11), a cylindrical portion that protrudes from a fork side end of the lid toward an interior of the fork main body and that has a center aligned with the axial center line (figs 4 and 11), and an electric wire hole (53b) leading from an opposite fork main body side end of the lid to the interior of the cylindrical portion (fig 11), a center of an opening at an opposite fork side end of the lid being misaligned from the axial center line (fig 11), the cap is provided with a guide (at least connecter 162) having an annular shape (fig 11), the guide being mounted inside the electric wire hole, the guide having an inner circumference along which the electric wire is passed (fig 11), and the electric wire is inserted into and passed in a bent shape through interiors of the cylindrical portion and the guide (fig 11).
Regarding claim 4, Shirai discloses an outer circumferential seal ring ([0081] and fig 11, at least the truncated sealing portion of 162) that seals a gap between an outer circumference of the guide and the cap; and annular packing that is stacked on the guide and seals a gap between the guide and the electric wire ([0081] and fig 11, at least the portion of 162 attached to 160).
Regarding claim 6, Shirai discloses wherein the guide (162) has a tapered portion on the inner circumference on a fork main body side thereof, the tapered portion having a diameter increasing toward the fork main body side (fig 11, tapered shape of 162).
Regarding claim 7, Shirai discloses a stopper on the outer circumference of the electric wire, the stopper facing a fork main body side end of the cylindrical portion (fig 11, at least structure attached to 160 has been interpreted as a stropper).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shirai (US-20150137478) in view of Shimauchi (WO- 2021024777) and Mochizuki (US-20100294605).
Regarding claim 5, Shirai discloses wherein wire 160 is connected to guide 162 but is not specific to a seal between the wire and guide. Mochizuki teaches a front fork suspension assembly wherein a wire (104) is sealed to a guide (111) in a cap (112) (Mochizuki [0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to seal the connection of a wire and a wire guide at least to prevent outside contaminants, such as water, from entering (Mochizuki [0083]).
Response to Arguments
Applicant’s arguments with respect to claims 1-7 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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/JAMES K HSIAO/Examiner, Art Unit 3616
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