Prosecution Insights
Last updated: April 19, 2026
Application No. 18/279,553

DAMPER

Final Rejection §102§103
Filed
Aug 30, 2023
Examiner
SAHNI, VISHAL R
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Piolax Inc.
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
95%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
731 granted / 970 resolved
+23.4% vs TC avg
Strong +19% interview lift
Without
With
+19.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
46 currently pending
Career history
1016
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
39.5%
-0.5% vs TC avg
§102
33.1%
-6.9% vs TC avg
§112
24.3%
-15.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 970 resolved cases

Office Action

§102 §103
DETAILED ACTION The Amendment filed 02/27/26 has been entered. Claims 1-20 are currently pending, with claims 11-20 being newly added. In light of the substantive amendments, all previous rejections are withdrawn. However, revised parallel 102 and 103 rejections of all pending claims are detailed below. Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. REJECTION #1: Jackson Claim(s) 1-3, 7 and 10-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jackson (U.S. Patent Pun. No. 2021/0324935). Yamashita is directed to a shock absorber. See Abstract. Claim 1: Yamashita discloses a damper [Figs. 1, 2, 6, 10] configured to be interposed between a first member and a second member to suppress vibration of the second member with respect to the first member, the damper comprising: a fixing member (92A) configured to be fixed to one of the first member and the second member [see Fig. 2 (e.g., 92 fixed to 19, 50)], and including a tubular portion (276) and an insertion hole formed inside the tubular portion; a piston (15, 38, 40) inserted through the insertion hole and configured to advance and retreat by receiving a force from another of the first member and the second member; and a sliding member (91A) configured to slide on the piston as the piston advances and retreats, wherein the sliding member includes a protruding portion (311) protruding inward in a radial direction inside the tubular portion and configured to come into contact with an outer peripheral surface of the piston, an outer tubular portion (307) disposed outside the tubular portion, and an extending portion (at 315, 305) extending inward in the radial direction from one end of the outer tubular portion and indirectly or directly coupling the protruding portion and the outer tubular portion and wherein, in the radial direction, an inner peripheral surface (303) of the outer tubular portion faces an outer peripheral surface (293) of the tubular portion [see para. 0141], and is disposed outside the outer peripheral surface of the tubular portion. See Figs. 1, 2, 6, 10. Claim 2: See claim 1 above, and replacing the claim 1 “fixing member” (92A) is the claim 2 “support member” (92A). See Fig. 6. Claim 3: Yamashita discloses that the sliding member further includes an inner tubular portion (radially-inner portion of 17) disposed inside the tubular portion, wherein the extending portion couples the inner tubular portion and the outer tubular portion, and wherein the protruding portion protrudes inward in the radial direction from the inner tubular portion. See Figs. 6-8. Claim 10: For this claim, use “support member” (66) and “sliding member” (21), which has protruding portion (73) and outer tubular portion (74, 75), wherein a fixing member (50) configured to be fixed to one of the first member and the second member, wherein the support member is provided movably in an axial direction, wherein a height adjustment mechanism (76) configured to movably hold a height of the support member with respect to the fixing member is disposed between the fixing member and the support member, and wherein the sliding member is placed on the support member and is configured to move in the axial direction as the support member moves. See Fig. 2. Claim 7: Yamashita discloses that the sliding member is a viscoelastic body. See para. 0061 (nitrile rubber). Claim 11: Yamashita discloses that in the radial direction, the tubular portion is disposed between the outer tubular portion and the protruding portion. See Fig. 6. Claim 12: Yamashita discloses that in the radial direction, the inner peripheral surface of the outer tubular portion comes into contact with the outer peripheral surface of the tubular portion. See Fig. 6. Claim 13: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, and the outer tubular portion and the inner tubular portion are disposed to sandwich the tubular portion. See Fig. 6. Claim 14: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, and a recessed portion configured to receive a tip end of the tubular portion is formed between the outer tubular portion and the inner tubular portion. See Fig. 6. Claim 15: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, the extending portion couples the inner tubular portion and the outer tubular portion, and a tip end of the tubular portion is covered by the outer tubular portion, the extending portion, and the inner tubular portion. See Fig. 6. Claim 16: Yamashita discloses that in the radial direction, the tubular portion is disposed between the outer tubular portion and the protruding portion. Claim 17: Yamashita discloses that in the radial direction, the inner peripheral surface of the outer tubular portion comes into contact with the outer peripheral surface of the tubular portion. Claim 18: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, and the outer tubular portion and the inner tubular portion are disposed to sandwich the tubular portion. Claim 19: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, and a recessed portion configured to receive a tip end of the tubular portion is formed between the outer tubular portion and the inner tubular portion. Claim 20: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, the extending portion couples the inner tubular portion and the outer tubular portion, and a tip end of the tubular portion is covered by the outer tubular portion, the extending portion, and the inner tubular portion. Claim Rejections - 35 USC § 103 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. REJECTION #2: Ohi in view of Yamashita Claim(s) 1-3, 7 and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohi (JP S63-009447 Y2) (cited by Applicant) in view of Yamashita. Ohi is directed to a damper. See Abstract. Claim 1: Ohi discloses a damper [Fig. 7] configured to be interposed between a first member and a second member to suppress vibration of the second member with respect to the first member, the damper comprising: a fixing member (2a) configured to be fixed to one of the first member and the second member, and including a tubular portion (23a) and an insertion hole formed inside the tubular portion; a piston (16) inserted through the insertion hole and configured to advance and retreat by receiving a force from another of the first member and the second member; and a sliding member (17, 24b, 25) configured to slide on the piston as the piston advances and retreats, wherein the sliding member includes a protruding portion (25) protruding inward in a radial direction inside the tubular portion and configured to come into contact with an outer peripheral surface of the piston, an outer tubular portion (24b or portion of 17 above 2a) disposed outside the tubular portion, and an extending portion (17) extending inward in the radial direction from one end of the outer tubular portion and indirectly or directly coupling the protruding portion and the outer tubular portion. See Figs. 6-8. Ohi discloses all the limitations of this claim except for the newly added limitation. Specifically, Ohi discloses that the sliding member is attached to the fixing member by mating two tapered surfaces, rather than the sliding member having portions that effectively sandwich a portion of the fixing member. As discussed in the 102 rejection, supra, Yamashita discloses all the limitations of claim 1, including the newly added limitation that in the radial direction, an inner peripheral surface (303) of the outer tubular portion (307) of a sliding member (91A) faces an outer peripheral surface (293) of the tubular portion (276) of a fixing member (91A) [see para. 0141], and is disposed outside the outer peripheral surface of the tubular portion. See Figs. 1, 2, 6, 10. It would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to use this attachment means between the sliding and fixing member because this is a simple design alternative to ensure a more secure and stable fit, where multiple surfaces mate with each other. Yamashita is a particularly useful teaching reference because it discusses multiple types of connections between a sliding member (to damp movement of a piston/rod) and a fixing member, including the Ohi-type of one tapered mating surface [see Figs. 3-5, 11] and the sandwich-type of multiple mating surfaces [see Figs. 6, 8, 10], both of which achieve the function of securing the two members together. Claim 2: See claim 1 above, and replacing the claim 1 “fixing member” (2a) is the claim 2 “support member” (2a). See Fig. 6. Claim 3: Ohi discloses that the sliding member further includes an inner tubular portion (radially-inner portion of 17) disposed inside the tubular portion, wherein the extending portion couples the inner tubular portion and the outer tubular portion, and wherein the protruding portion protrudes inward in the radial direction from the inner tubular portion. See Figs. 6-8. Claim 7: Yamashita discloses that the sliding member is a viscoelastic body. See para. 0061 (nitrile rubber). Claim 10: Ohi discloses a fixing member (1a) configured to be fixed to one of the first member and the second member, wherein the support member (2a) is provided movably in an axial direction [note: 2a can move axially relative to 1a], wherein a height adjustment mechanism (26c) configured to movably hold a height of the support member with respect to the fixing member is disposed between the fixing member and the support member, and wherein the sliding member is placed on the support member and is configured to move in the axial direction as the support member moves. See Fig. 7. Claim 11: Yamashita discloses that in the radial direction, the tubular portion is disposed between the outer tubular portion and the protruding portion. See Fig. 6. Claim 12: Yamashita discloses that in the radial direction, the inner peripheral surface of the outer tubular portion comes into contact with the outer peripheral surface of the tubular portion. See Fig. 6. Claim 13: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, and the outer tubular portion and the inner tubular portion are disposed to sandwich the tubular portion. See Fig. 6. Claim 14: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, and a recessed portion configured to receive a tip end of the tubular portion is formed between the outer tubular portion and the inner tubular portion. See Fig. 6. Claim 15: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, the extending portion couples the inner tubular portion and the outer tubular portion, and a tip end of the tubular portion is covered by the outer tubular portion, the extending portion, and the inner tubular portion. See Fig. 6. Claim 15: Yamashita discloses that the sliding member further includes an inner tubular portion disposed inside the tubular portion, the extending portion couples the inner tubular portion and the outer tubular portion, and a tip end of the tubular portion is covered by the outer tubular portion, the extending portion, and the inner tubular portion. See Fig. 6. REJECTION #2: Ohi in view of Yamashita and Sharp Claim(s) 4-6 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohi in view of Yamashita and Sharp et al. (U.S. Patent No. 5,946,946). Sharp is directed to a suspension system. See Abstract. Claim 4: Ohi further discloses a spring (17) configured to bias the piston, wherein the sliding member includes a base portion and wherein a seat portion of the spring is seated on the base portion. See Fig. 7. Ohi discloses all the limitations of this claim except for the location of the base portion, namely, that it is radially outward from the outer tubular portion. Sharp discloses a damper [Fig. 3] with a piston (64, 48, 36) extending into a tubular portion of a fixing member (80) and a sliding member (54, 56, 58, 78), wherein a spring (74) is configured to bias the piston, wherein the sliding member includes a base portion (54) protruding outward in the radial direction from the outer tubular portion (56), and wherein a seat portion (top of 74) of the spring is seated on the base portion. See Fig. 3. It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention to have the spring rest on a “base portion” located on the radial-outer periphery of the sliding member to permit the use of a larger spring that would provide greater damping. The spring used in Ohi is fairly small, with a diameter sized to the piston rod, but if a larger spring (and larger damping) is desired, the sliding member would need its spring seat located on a radially-outer base portion. Claim 5: Sharp discloses that the sliding member includes a bulging portion (outer portion of 54) formed to bulge outward in the radial direction from an outer surface of the outer tubular portion, and configured to come into contact with an inner side of the spring. See Fig. 3. Claim 6: Sharp discloses a gap (top of 54) is formed inside the bulging portion. See Fig. 3. Claim 8: Sharp discloses that the spring has a rising piece rising from the seat portion and configured to come into contact with the piston. See Fig. 3. Claim 9: Sharp discloses that the rising piece is slidable on the outer tubular portion. See Fig. 3. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 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 inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL R SAHNI whose telephone number is (571)270-3838. The examiner can normally be reached M-F 7am-3pm PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. VISHAL SAHNI Primary Examiner Art Unit 3657 /VISHAL R SAHNI/Primary Examiner, Art Unit 3616 March 9, 2026
Read full office action

Prosecution Timeline

Aug 30, 2023
Application Filed
Dec 02, 2025
Non-Final Rejection — §102, §103
Feb 27, 2026
Response Filed
Mar 09, 2026
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
95%
With Interview (+19.3%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 970 resolved cases by this examiner. Grant probability derived from career allow rate.

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