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 .
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 6, 8 and 11 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 6, the phrase “wherein the spacer and the valve stopper are provided on both sides of the annular valve body in the axial direction” is indefinite because it is unclear how a single stopper and a single valve stopper can be provided on both sides of the valve body. The specification discloses that a first spacer and a first stopper or provided on a first side of the valve body and a second spacer and a second stopper are provided on a second side of the first body, but not that a single stopper and a single spacer are provided on both sides of the valve body.
Regarding claim 8, the phrase “the stacked annular plate includes a plurality of annular plates that have different outer diameters and are stacked such that the outer diameter gradually increases stepwise toward a non-spacer side” is indefinite because these features correspond with the embodiment shown in Figure 2 whereas claim 2 – the claim from which claim 8 depends – is directed toward the mutually exclusive embodiment shown in Figure 7. For example, claim 2 recites “an annular valve body that . . . is allowed to bend on an inner circumference serving as a free end” and “a ring that is . . . arranged on an inner circumference of the spacer,” which are features that are shown in the embodiment in Figure 7. Claim 8, however, recites that “that the outer diameter gradually increases stepwise toward a non-spacer side” which corresponds with the embodiment shown in Figure 2 and is mutually exclusive of the embodiment in Figure 2. Since mutually exclusive features from multiple embodiments are being recited, it is unclear what structure is required by the claim.
Regarding claim 11, the phrase “wherein the spacer and the valve stopper are provided on both sides of the annular valve body in the axial direction” is indefinite because it is unclear how a single stopper and a single valve stopper can be provided on both sides of the valve body. The specification discloses that a first spacer and a first stopper or provided on a first side of the valve body and a second spacer and a second stopper are provided on a second side of the first body, but not that a single stopper and a single spacer are provided on both sides of the valve body.
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)(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, 5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakuta (JP 2018-053978) (machine translation attached).
Regarding independent claim 1, Sakuta discloses a valve (see FIGS. 1, 3) comprising: an annular valve body (5) that has elasticity and is allowed to bend on an outer circumference serving as a free end (see machine translation, ¶ 0032); a spacer (7) that is annular (see machine translation, ¶ 0031), has an outer diameter smaller than an outer diameter of the annular valve body (see FIG. 3), is stacked on the annular valve body (see FIG. 3), and serves as a fulcrum of bending of the free end of the annular valve body (see machine translation, ¶ 0032; FIG. 3); and a valve stopper (6, 9) that faces the annular valve body in an axial direction on a spacer side of the annular valve body (see FIG. 3) and regulates bending of the annular valve body when the annular valve body bends and comes into contact therewith (see ¶ 0043), wherein the valve stopper includes: a ring (9) that is annular (see machine translation, ¶ 0054), has a thickness in the axial direction smaller than a thickness of the spacer (see machine translation, ¶ 0055; FIG. 3), and is arranged on an outer circumference of the spacer (see machine translation, ¶ 0055; FIG. 3); and a stacked annular plate (6) that is annular (see machine translation, ¶ 0030), has an outer diameter larger than an outer diameter of the ring (see FIG. 3), and is stacked on the spacer (see FIG. 3).
Regarding claim 5, Sakuta discloses that the ring is fitted to an outer circumference of the spacer and positioned in a radial direction (see ¶ 0057; FIG. 3).
Regarding claim 7, Sakuta discloses a shock absorber (see FIG. 1) comprising: a shock absorber main body (D) that includes an outer tube (10) and a rod (12) movably inserted into the outer tube and is extendable and contractible (see FIG. 1); a damping passage (14, 15) that communicates between two operating chambers (R1, R2) provided in the shock absorber main body (see FIG. 1); and the valve according to claim 1 provided in the damping passage (see FIGS. 1, 3; discussion of claim 1, above).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sakuta (JP 2018-053978) (machine translation attached), as applied to claim 1, above, and further in view of Murakami (JP 02-097741) (English Abstract attached).
Regarding claim 4, Sakuta does not disclose that the ring is fixed to the annular plate of the stacked annular plate in contact with the spacer.
Murakami teaches a valve (see Abstract; FIG. 2) comprising an annular valve body (51), a spacer (52, 53), a stacked annular plate (54) and an annular ring (55) fixed to the stacked annular plate in contact with the spacer (see FIG. 2; see also English Abstract “an annular lift amount adjusting valve 55 thinner than a laminated plate thickness of the spacers 52, 53 is interposed being glued to a side of the leaf valve 54”).
It would have been obvious to fix the ring of Sakuta to the stacked annular plate, as taught by Murakami, to prevent rattling of the ring between the valve body and the stacked annular plate.
Claims 1, 2, 5-7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno (US 2018/0128341) in view of Sakuta (JP 2018-053978) (machine translation attached).
Regarding independent claim 1, Mizuno discloses a valve (see FIG. 2) comprising: an annular valve body (50a) that has elasticity and is allowed to bend on an outer circumference serving as a free end (see ¶ 0030); a spacer (56) that is annular (see FIG. 2), has an outer diameter smaller than an outer diameter of the annular valve body (see FIG. 2), is stacked on the annular valve body (see FIG. 2), and serves as a fulcrum of bending of the free end of the annular valve body (see FIG. 2); and a valve stopper (50b1) that faces the annular valve body in an axial direction on a spacer side of the annular valve body (see FIG. 2) and regulates bending of the annular valve body when the annular valve body bends and comes into contact therewith (see ¶ 0036; FIG. 6), wherein the valve stopper includes: a stacked annular plate (50b11, 50b12) that is annular (see FIG. 2), and is stacked on the spacer (see FIG. 2).
Mizuno does not disclose a ring that is annular, has a thickness in the axial direction smaller than a thickness of the spacer, and is arranged on an outer circumference of the spacer; or that the stacked annular plate has an outer diameter larger than an outer diameter of the ring.
Sakuta teaches a valve (see FIGS. 1, 3) comprising: an annular valve body (5) that has elasticity and is allowed to bend on an outer circumference serving as a free end (see machine translation, ¶ 0032); a spacer (7) that is annular (see machine translation, ¶ 0031), has an outer diameter smaller than an outer diameter of the annular valve body (see FIG. 3), is stacked on the annular valve body (see FIG. 3), and serves as a fulcrum of bending of the free end of the annular valve body (see machine translation, ¶ 0032; FIG. 3); and a valve stopper (6, 9) that faces the annular valve body in an axial direction on a spacer side of the annular valve body (see FIG. 3) and regulates bending of the annular valve body when the annular valve body bends and comes into contact therewith (see ¶ 0043), wherein the valve stopper includes: a ring (9) that is annular (see machine translation, ¶ 0054), has a thickness in the axial direction smaller than a thickness of the spacer (see machine translation, ¶ 0055; FIG. 3), and is arranged on an outer circumference of the spacer (see machine translation, ¶ 0055; FIG. 3); and a stacked annular plate (6) that is annular (see machine translation, ¶ 0030), has an outer diameter larger than an outer diameter of the ring (see FIG. 3), and is stacked on the spacer (see FIG. 3).
It would have been obvious to combine the ring of Sakuta with in the gap (G1) of Mizuno to finely adjust the size of the gap, thereby reducing the number of types of spacers with different thicknesses that need to be prepared to adjust the size of the gap (see e.g. Sakuta, machine translation, ¶ 0055).
Regarding claim 2, Mizuno discloses a valve (see Abstract, FIG. 8) comprising: an annular valve body (72a) that has elasticity (see e.g. ¶ 0027) and is allowed to bend on an inner circumference serving as a free end (see ¶ 0063; FIG. 8); a spacer (56) that is annular (see FIG. 8), has an inner diameter larger than an inner diameter of the annular valve body (see FIG. 8), is stacked on the annular valve body (see FIG. 8), and serves as a fulcrum of bending of the free end of the annular valve body (see FIG. 8); and a valve stopper (see e.g. FIG. 8, body comprising cutout (54)) that faces the annular valve body in an axial direction on a spacer side of the annular valve body (see FIG. 8) and regulates bending of the annular valve body when the annular valve body bends and comes into contact therewith (see ¶ 0036; FIG. 6), wherein the valve stopper includes: a stacked annular plate (see e.g. FIG. 8, body comprising cutout (54)) that is annular (see FIG. 8), and is stacked on the spacer.
Mizuno does not disclose a ring that is annular, has a thickness in the axial direction smaller than a thickness of the spacer, and is arranged on an inner circumference of the spacer; or that the stacked annular plate has an inner diameter smaller than an inner diameter of the ring.
Sakuta teaches a valve (see FIGS. 1, 3) comprising: an annular valve body (5) that has elasticity and is allowed to bend on an outer circumference serving as a free end (see machine translation, ¶ 0032); a spacer (7) that is annular (see machine translation, ¶ 0031), has an outer diameter smaller than an outer diameter of the annular valve body (see FIG. 3), is stacked on the annular valve body (see FIG. 3), and serves as a fulcrum of bending of the free end of the annular valve body (see machine translation, ¶ 0032; FIG. 3); and a valve stopper (6, 9) that faces the annular valve body in an axial direction on a spacer side of the annular valve body (see FIG. 3) and regulates bending of the annular valve body when the annular valve body bends and comes into contact therewith (see ¶ 0043), wherein the valve stopper includes: a ring (9) that is annular (see machine translation, ¶ 0054), has a thickness in the axial direction smaller than a thickness of the spacer (see machine translation, ¶ 0055; FIG. 3), and is arranged on an outer circumference of the spacer (see machine translation, ¶ 0055; FIG. 3); and a stacked annular plate (6) that is annular (see machine translation, ¶ 0030), has an outer diameter larger than an outer diameter of the ring (see FIG. 3), and is stacked on the spacer (see FIG. 3).
It would have been obvious to combine the ring of Sakuta with in the gap of Mizuno between the valve body (72a) and the stacked annular plate (see FIG. 8) to finely adjust the size of the gap, thereby reducing the number of types of spacers with different thicknesses that need to be prepared to adjust the size of the gap (see e.g. Sakuta, machine translation, ¶ 0055). It is further noted that the embodiment in Figure 8 of Mizuno is merely the reverse configuration in the radial direction of the embodiment in Figure 2 of Mizuno (which is similar to the configuration of Sakuta, FIG. 3). As such, one of ordinary skill in the art would have recognized that when combining the ring of Sakuta with the device of Figure 8 of Mizuno, the ring would be configured such that the ring is arranged at the inner circumference of the spacer, and the stacked annular plate would have an inner diameter smaller than an inner diameter of the ring so that the stacked annular plate could fully support the ring.
Regarding claim 5, Sakuta teaches that the ring is fitted to an outer circumference of the spacer and positioned in a radial direction (see ¶ 0057; FIG. 3).
Regarding claim 6, Mizuno discloses that an annular facing portion (52) that is annular and faces a free end of the annular valve body with an annular gap (60) therebetween (see FIG. 2), wherein the spacer (56) and the valve stopper (see e.g. FIG. 8, body comprising cutout (54)) are provided on both sides of the annular valve body in the axial direction (see FIG. 8).
Regarding claim 7, Mizuno discloses a shock absorber (see FIGS. 1, 2) comprising: a shock absorber main body (10) that includes an outer tube (12) and a rod (18) movably inserted into the outer tube and is extendable and contractible (see FIG. 1); a damping passage (40, 41) that communicates between two operating chambers (14, 16) provided in the shock absorber main body (see FIG. 1); and the valve according to claim 1 provided in the damping passage (see FIG. 1; discussion of claim 1, above).
Regarding claim 10, Sakuta teaches that the ring is fitted to an outer circumference of the spacer and positioned in a radial direction (see ¶ 0057; FIG. 3).
Regarding claim 11, Mizuno discloses an annular facing portion (76) that is annular and faces a free end of the annular valve body (see FIG. 8) with an annular gap therebetween (see FIG. 8), wherein the spacer (56) and the valve stopper (see FIG. 8, valve body comprising cutout (54)) are provided on both sides of the annular valve body in the axial direction (see FIG. 8).
Regarding claim 12, Mizuno discloses a shock absorber (see FIGS. 1, 2) comprising: a shock absorber main body (10) that includes an outer tube (12) and a rod (18) movably inserted into the outer tube and is extendable and contractible (see FIG. 1); a damping passage (40, 41) that communicates between two operating chambers (14, 16) provided in the shock absorber main body (see FIG. 1); and the valve according to claim 2 provided in the damping passage (see FIGS. 1, 8; discussion of claim 2, above).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sakuta (JP 2018-053978) (machine translation attached) and Mizuno (US 2018/0128341), as applied to claim 2, above, and further in view of Murakami (JP 02-097741) (English Abstract attached).
Regarding claim 9, neither Mizuno nor Sakuta disclose that the ring is fixed to the annular plate of the stacked annular plate in contact with the spacer.
Murakami teaches a valve (see Abstract; FIG. 2) comprising an annular valve body (51), a spacer (52, 53), a stacked annular plate (54) and an annular ring (55) fixed to the stacked annular plate in contact with the spacer (see FIG. 2; see also English Abstract “an annular lift amount adjusting valve 55 thinner than a laminated plate thickness of the spacers 52, 53 is interposed being glued to a side of the leaf valve 54”).
It would have been obvious to fix the ring of modified Mizuno device to the stacked annular plate, as taught by Murakami, to prevent rattling of the ring between the valve body and the stacked annular plate.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaura et al. (US 4,964,493) in view of Sakuta (JP 2018-053978) (machine translation attached).
Regarding independent claim 1, Yamaura discloses a valve (see Abstract, FIGS. 8, 9) comprising: an annular valve body (138) that has elasticity and is allowed to bend on an outer circumference serving as a free end (see FIGS. 8, 9); a spacer (142) that is annular (see col. 7, line 3; FIGS. 8, 9), has an outer diameter smaller than an outer diameter of the annular valve body (see FIGS. 8, 9), is stacked on the annular valve body (see FIGS. 8, 9), and serves as a fulcrum of bending of the free end of the annular valve body (see FIGS. 8, 9); and a valve stopper (202, 204) that faces the annular valve body in an axial direction on a spacer side of the annular valve body (see FIGS. 8, 9) and regulates bending of the annular valve body when the annular valve body bends and comes into contact therewith (see FIGS. 8, 9), wherein the valve stopper includes: a stacked annular plate (202) that is annular (see FIGS. 8, 9), and is stacked on the spacer (see FIGS. 8, 9).
Yamaura does not disclose a ring that is annular, has a thickness in the axial direction smaller than a thickness of the spacer, and is arranged on an outer circumference of the spacer; or that the stacked annular plate has an outer diameter larger than an outer diameter of the ring.
Sakuta teaches a valve (see FIGS. 1, 3) comprising: an annular valve body (5) that has elasticity and is allowed to bend on an outer circumference serving as a free end (see machine translation, ¶ 0032); a spacer (7) that is annular (see machine translation, ¶ 0031), has an outer diameter smaller than an outer diameter of the annular valve body (see FIG. 3), is stacked on the annular valve body (see FIG. 3), and serves as a fulcrum of bending of the free end of the annular valve body (see machine translation, ¶ 0032; FIG. 3); and a valve stopper (6, 9) that faces the annular valve body in an axial direction on a spacer side of the annular valve body (see FIG. 3) and regulates bending of the annular valve body when the annular valve body bends and comes into contact therewith (see ¶ 0043), wherein the valve stopper includes: a ring (9) that is annular (see machine translation, ¶ 0054), has a thickness in the axial direction smaller than a thickness of the spacer (see machine translation, ¶ 0055; FIG. 3), and is arranged on an outer circumference of the spacer (see machine translation, ¶ 0055; FIG. 3); and a stacked annular plate (6) that is annular (see machine translation, ¶ 0030), has an outer diameter larger than an outer diameter of the ring (see FIG. 3), and is stacked on the spacer (see FIG. 3).
It would have been obvious to combine the ring of Sakuta with in the gap of Yamaura (see FIG. 8, gap between valve body (138) and stacked annular plate (202)) to finely adjust the size of the gap, thereby reducing the number of types of spacers with different thicknesses that need to be prepared to adjust the size of the gap (see e.g. Sakuta, machine translation, ¶ 0055).
Regarding claim 3, Yamaura discloses that the stacked annular plate includes a plurality of annular plates (202, 204) that have different outer diameters and are stacked such that the outer diameter gradually increases stepwise toward a non-spacer side (see FIGS. 8, 9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
December 27, 2025