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 § 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 7,8, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (US-20210062887) in view of Pancaldi (EP-1953394).
It is noted that Pancaldi (EP-1953394) is in English and has been referred to below directly.
Regarding claim 7, Schmidt discloses a multi-tube vibration damper (10) for a vehicle having adjustable damping (via 342), comprising: a damper inner tube (12/38) at least filled partially with a damping medium, and including a damper inner tube wall, wherein the damper inner tube wall includes a damper inner tube inner face and a damper inner tube outer face (fig 2, at least the inner periphery of 12 and/or 38); a piston rod (14) arranged movably within the damper inner tube (fig 1); a working piston (16) arranged movable together with the piston rod, by means of which an interior of the damper inner tube is divided into a working chamber on the piston rod side (221) and a working chamber remote from the piston rod (222); a damper outer tube (28) having a damper outer tube wall, wherein the damper outer tube is arranged coaxially around the damper inner tube (figs 1-2), and a compensation chamber (30) is defined between the damper outer tube and the damper inner tube; a damping module (342) having a connecting piece (46), wherein the damping module is arranged on the outside of the damper outer tube wall (fig 2), and the connecting piece (46) runs fluid-tightly from the damping module through a damper outer tube wall opening (fig 2) configured for creating a fluid connection between the working chamber (222) remote from the piston rod and the damping module (342) and configured to open fluid-tightly into a damper inner tube wall opening (42); and a conduit (42/44), wherein the conduit (42/44) protrudes into the interior of the damper inner tube and opens into the interior of the damper inner tube in the damper inner tube wall opening (fig 2), wherein the connecting piece is arranged coaxially inside the conduit (fig 2).
Schmidt discloses wherein a flow connection or conduit may be guided by way of an adapter sleeve (38) which is inserted in the inner cylinder but lacks wherein the conduit is formed integrally from the damper wall. Pancaldi teaches wherein there is a provision for a kind of shock absorber which entails providing a hole in a cylinder/tube wall (2), arranging respective sleeves (19/7), welding them (20, fig 2), and connecting by means of the duct ([0011]). Pancaldi also teaches an improvement in order to avoid delicate points and improve manufacturing costs through a reduction of parts and operation ([0011-0016]). Pancaldi teaches a manufacturing technique of the cylinder wherein “flowdrilling” is used to produce an inwardly projecting conduit (7), collar (21), and bush (22) (fig 3). The conduit (7/22/21) formed integrally from a damper tube (2) wall ([0030-0031]), wherein the conduit protrudes into the interior of the damper inner tube (2) and opens into the interior of the damper inner tube in the damper inner tube wall opening (fig 3), wherein a connecting piece (23) is arranged coaxially inside the conduit (fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the flow connection of an adapter sleeve of Schmidt with the “flowdrilled” conduit of Pancaldi at least in order to reduce production and manufacturing cost while improving durability and function (Pancaldi [0010-0016]).
Regarding claim 7, the combination of Schmidt and Pancaldi as set forth above teaches wherein a geometric transition structure (Pancaldi, fig 3 at least the transition from the wall to 22) is formed in between the damper inner tube wall and the conduit, wherein the geometric transition includes a bulge into the compensation chamber, (Pancaldi, fig 3, 22 bulging into 4, and [0031] at least the result of “flowdrilling”, wherein the rest of the material forms a bush 22 in the intrados of the part being machined. The resulting collar 21 and bush 22 can be even thicker than the original material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a bulge into the chamber as the flowdrilling that forms the bulge produces an increased strength at the junction (Pancaldi, [0031, the assembly constituted by the collar 21 and the bush 22 thus provided is very tough and strong, and it is also possible to use installations which provide very intense mechanical stresses.)
Regarding claim 8, the combination of Schmidt and Pancaldi as set forth above teaches wherein the damper inner tube wall opening is cylindrical (22), including a cylindrical edge (Pancaldi, fig 3).
Regarding claim 11, the combination of Schmidt and Pancaldi as set forth above teaches wherein the geometric transition structure includes as a stepped profile (Pancaldi, fig 3, 22, wherein the flat portion of 22 adjacent the cylinder wall has been interpreted as stepped to the opening 7).
Regarding claims 8-11, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the flow connection of an adapter sleeve of Schmidt with the “flowdrilled” conduit of Pancaldi at least in order to reduce production and manufacturing cost while improving durability and function (Pancaldi [0010-0016]).
Regarding claim 12, Schmidt discloses wherein the, connecting piece (46) opening into the damper inner tube wall opening is sealed against the damper inner tube outer face (at least an outer periphery of 12/38 which includes 44) by means of a sealing ring (48) in the mouth region.
Response to Arguments
Applicant's arguments filed 3/4/2026 have been fully considered but they are not persuasive. Regarding claim 7, Applicant argues that the prior art of record lacks “wherein a geometric transition structure is formed in between the cylindrical damper inner tube wall and the conduit, wherein the geometric transition structure includes a bulge into the compensation chamber”, Examiner respectfully disagrees. As set forth above, Pancaldi ([0031]) teaches wherein a geometric transition structure is formed through heat-flow drilling (or flow-drilling). The heat generated by friction softens the material: the resulting malleability ensures the possibility to provide a hole without chip-forming, but merely by transferring material from one region to another. While the tool acts on the material, part of the tool forms a collar 21 around the upper surface of the part being machined. The rest of the material forms a bush 22 in the intrados of the part being machined. The resulting collar 21 and bush 22 can be even thicker than the original material. As seen in at least fig 3, it has been interpreted that element 22 bulges into the chamber 4 .
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
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