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 1-7 are rejected under 35 U.S.C. 102a1 as being anticipated by Yuno et al. (WO 2020149224 A1).
For examining purposes, the English equivalent US-20220099153 of WO 2020149224 A1 has been relied on below.
Regarding claim 1, Yuno et al. discloses a shock absorber (fig 1) comprising: a cylinder (2) sealingly containing hydraulic fluid therein (fig 1); a piston (3) partitioning an inside of the cylinder into a first chamber and a second chamber (2A/2B); and a valve member (at least 101) configured to open and close a passage (at least 21/22) provided in the piston (fig 2), wherein an annular first seat portion (at least 102 and the annular stepped portion adjacent thereto, see annotated fig 2 below) protruding from the piston (3) is formed on the piston (3) on an outer peripheral side with respect to an opening of the passage (21/22), wherein an annular first protrusion portion (stepped portion adjacent 102, see annotated fig 2 below) and an annular second protrusion portion (102, see annotated fig 2 below) are formed on the first seat portion (see annotated fig 2 below), the second protrusion portion extending in a direction away from the piston further than the first protrusion portion (at least downward in fig 2), and wherein the valve member is placed in abutment with only the second protrusion portion in a state of being mounted on the piston (fig 2 at least at 102) and wherein the second protrusion portion is formed at an acute angle (see below) such that the second protrusion portion can linearly contact the valve member (see annotated figure below) .
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Regarding claim 2, Yuno et al. discloses wherein the valve member has a first side that faces the piston and an opposite second side which faces away from the piston (fig 2), and wherein a pilot chamber (105 and/or 205) is provided on the piston side of the valve member, the pilot chamber (at least 105) being configured to apply a back- pressure to the valve member (at least [0026]).
Regarding claim 3, Yuno et al. discloses wherein the valve member is a disk valve (103) with a packing (107) baked thereto ([0027]).
Regarding claim 4, Yuno et al. discloses wherein the valve member (101) includes a disk valve (at least 103), an axially movable spool member (31), and a seal member (at least 107) provided between the disk valve and the spool member (fig 2).
Regarding claim 5, Yuno et al. discloses a piston (3) partitioning an inside of the cylinder into a first chamber and a second chamber (2A/2B); and a valve member (at least 101) configured to open and close a passage (at least 21/22) provided in the piston (fig 2), wherein an annular first seat portion (at least 102 and the annular stepped portion adjacent thereto, see annotated fig 2 above) protruding from the piston (3) is formed on the piston (3) on an outer peripheral side with respect to an opening of the passage (21/22), wherein an annular first protrusion portion (stepped portion adjacent 102, see annotated fig 2 above) and an annular second protrusion portion (102, see annotated fig 2 above) are formed on the first seat portion (see annotated fig 2 above), the second protrusion portion extending in a direction away from the piston further than the first protrusion portion (at least downward in fig 2), wherein the valve member is placed in abutment with only the second protrusion portion in a state of being mounted on the piston (fig 2 at least at 102) and wherein the second protrusion portion is formed at an acute angle (see above) such that the second protrusion portion can linearly contact the valve member (see annotated figure above).
Regarding claim 6, Yuno et al. discloses wherein the valve member is a disk valve (101/103) with a packing (107) baked thereto ([0027]).
Regarding claim 7, Yuno et al. discloses wherein the valve member (101) includes a disk valve (at least 103), an axially movable spool member (31), and a seal member (at least 107) provided between the disk valve and the spool member (fig 2).
Response to Arguments
Applicant's arguments filed 02/17/2026 have been fully considered but they are not persuasive. Regarding claims 1 and 5, Applicant argues that the prior art of record lacks wherein the second protrusion portion is formed at an acute angle such that the second protrusion portion can linearly contact the valve member, Examiner respectfully disagrees. Applicant argues that the second protrusion of Yuno as indicated above is a flat sheet surface and is not acutely angled. It has been interpreted that the second protrusion as set forth above at least forms an acute angle with respect to the valve. Applicant notes that with the configuration of claim 1, the contact area can be maximally reduced. However, claim 1 does not require that the contact area be reduced and also does not preclude a flat sheet surface contact area. With regards to contact, claims 1 and 5 only require linear contact of the valve member. It has been interpreted that element 1023 linear contacts the valve member at least in an axial direction of operation. It appears that the arguments are more specific than the limitations set by the claims.
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