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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/07/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 and 7-9 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by FR 2737271 A1.
Regarding claim 1, FR ‘271 discloses a shock absorber (figs. 3-3b) comprising:
a cylinder (20);
a rod (19) that is movably inserted into the cylinder; and
a partition member (0) (see FIG. 1) that has a disk shape and is inserted into the cylinder to define two working chambers in the cylinder,
wherein
the partition member (0) includes
a first member (34) that has an annular shape and has ports (4) communicating the two working chambers,
a second member (34b) that has an annular shape and is fitted to an inner periphery or an outer periphery of the first member (34), and
a choke passage (32) having a portion communicating the two working chambers and passing through an inner peripheral side or an outer peripheral side of the ports of the partition member along a circumferential direction,
one of the first member and the second member has a groove (32) formed along a circumferential direction in a facing peripheral portion facing an other of the first member and the second member and communicating the working chambers with each other, and
the choke passage (32) is formed by the groove by fitting the first member and the second member.
Re-claim 7, FR ‘271 discloses the groove is provided in a spiral shape along the circumferential direction in the facing peripheral portion (note the groove (32) as being a spiral – “The two bodies 34 and 34b respectively carry the helix 4 and 32” and “The bodies 34 and 34b here carry on one face the helix 4 (or 32)”).
Re-claim 8, FR ‘271 discloses the groove (32) is formed so as to meander in an axial direction of the partition member with respect to the facing peripheral portion and extend in the circumferential direction.
Re-claim 9, FR ‘271 discloses the ports (4) have bent portions bent toward one of an inner periphery and an outer periphery of the first member, and the groove (32) is disposed in an inner periphery or an outer periphery of the bent portions of the ports of the first member and on a side opposite to a bent side of the bent portions.
Allowable Subject Matter
Claims 4-6 are allowed.
Claim 10 is 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.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 4-10 have been considered but are moot because the new ground of rejection does not rely on some 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 MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT SICONOLFI can be reached at 5712727124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
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