DETAILED ACTION
Final
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 .
Response to Amendment/Arguments
Claims 1-9, 11-18, 20-30 and 32 are pending. Claims 1, 2, 12, 13, 14, 21, 22 are currently amended. Claims 10, 19 and 31 are canceled. it appears that no new matter has been entered. The amendments to the claims have overcome a portion of the drawing objections and the drawing objections to claims 10, 19 and 31 is withdrawn. The remaining drawing objections regarding the informal color rendering drawings are maintained. The amendments to the claims have adequately clarified the limitations and accordingly the rejections to the claims over 35 USC 112 second paragraph is withdrawn. The amendments have required further search and/or consideration and adjustment of the rejections to meet the amended limitations. The remarks are not persuasive as they fail to indicate how or in what way the features indicated below are not met by the primary reference. So considering that the amendments to the claims have required further consideration and adjustment of the rejections to meet the claim limitations as amended, this action must be made Final.
Comment: the amendments to the claims have required that adjustment of the rejections address the armature orifice adjacent/proximal the pin, and it is noted that the prior rejections addressed the features of orifice for dampening as more previously broadly addressed.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color (shaded black and white color images are a color). Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the drawings are merely cad aided screen shot or rendering reproductions of a model and do not conform with the above requirements for both examination and publication purposes (comment: the shading/coloring makes the definition between the parts of the drawings arguably indecipherable, especially when reproduced from a reproduction etc…).
Applicant is strongly advised to employ the services of a competent patent draftsperson outside the Office. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
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.
(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.
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(s) 1-3, 6-9, 12, 15-18, 20, 22-24 and 27-30, 32 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Stobbs (US 5011113);
Claim(s) 4, 5, 13, 14, 25 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stobbs and/or as applied to claims 1, 12 and 22 above, and further in view of Schneider (US 11408519);
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stobbs and further in view of Nishinosono (US 6220275).
Stobbs discloses in claim 1: A variably damped flow control solenoid comprising: (12, figures 2, 4, 6 and 9, variably regulated Col 14 ln 40-45, and see at least annotated figure 6 below)
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an armature (at 24/68/110/610/928/930 as applied to figures 2, 6 and 9) with an orifice (at 70/958, this “orifice” matches applicants rendition of orifice in the original written description filed 4/21/2024 at ph 0114 at element 310, the armature orifice), said orifice comprising a portion of a fluid flow path (from 36 to 38 and vice versa there through the path…) of said armature, said fluid flow path extending through said armature (as shown); a plate (at 1002/924); and a pin (at 84/942) coupled with said plate, wherein said pin extends (axially) from said plate toward said armature (via extension 90/957), said pin configured to provide a controlled annular gap (between 82/86 and 935/957) with respect to said orifice and said fluid flow path of said armature for a portion of travel of said armature (via flow there through the gap), wherein a rate of velocity of fluid flow to said fluid flow path of said armature is at least partially controlled by a shape of said pin in conjunction with said orifice (the slope of the pin and orifice exit end between 82/86 and 935/957…) and said fluid flow path of said armature (as discussed, the differential pressure forces along with momentum and coil control the fluid flow rates per Col 14 ln 42 to Col 15 ln 8), such that said shape (slope) of said pin provides a variable and axial dependent rate of said velocity of said fluid flow to said fluid flow path of said armature for said portion of travel of said armature (i.e. as the armature 24/930 moves to the pin, the rate of fluid flow increases between the end of the armature and the pin based on the pressure differential between the higher and lower sides of the gap there between and so the dependent rate of velocity of the fluid flow to the armature varies there through, where it is also noted that armature face 935 is 30.deg. opposed to the 45.deg. pin face for variable fluid flow as variably regulated by the solenoid Col 14 id, where it is noted that the equivalency is met where the pin configuration is arranged with equivalent structure (the frustoconical areas) to operate in the same way (via variable gap) so as to achieve the same result (fluid flow rate control) as claimed.)
Stobbs discloses in claim 12: A variably damped flow control solenoid (12, figures 2, 4, 6 and 9, variably regulated Col 14 ln 40-Col 15 ln 8 as applied to each) comprising: an armature (at 24/68/110/610/928/930) with an orifice (at 70/958), said orifice comprising a portion of a fluid flow path (from 36 to 38 and vice versa and through the armature passage an orifice of 70/958) of said armature, said fluid flow path extending through said armature (as shown); a motive component (solenoid coil 16/986) configured to change a position of said armature (via controller 62 and as discussed above Col 14 id); a plate (at 1002/924); and a pin (at 84/942) coupled with said plate, wherein said pin extends (axially from the bottom to the top) from said plate toward said armature (via extension 90/957), said pin configured to provide a controlled annular gap (between 82/86 and 935/957 as discussed above Col 14 id) with respect to said orifice and said fluid flow path of said armature for a portion of travel of said armature (via flow through the armature and gap), wherein a rate of velocity of fluid flow to said fluid flow path of said armature is at least partially controlled by a shape of said pin in conjunction with said orifice ( the slope of the pin and orifice exit end between 82/86 and 935/957…) and said fluid flow path of said armature, such that said shape (slope) of said pin provides a variable and axial dependent rate of said velocity of said fluid flow to said fluid flow path of said armature for said portion of travel of said armature (i.e. as the armature 24/930 moves to the pin, the rate of fluid flow increases based on the pressure differential between the higher and lower sides of the gap there between and so the dependent rate of velocity of the fluid flow to the armature varies there through, where it is also noted that armature face 935 is 30.deg. opposed to the 45.deg. pin face for variable fluid flow as variably regulated by the solenoid Col 14 id, where it is noted that the equivalency is met where the the pin configuration is arranged with equivalent structure (the frustoconical areas) to operate in the same way (via variable gap) so as to achieve the same result (fluid flow rate control) as claimed.)
Stobbs discloses in claim 21: A variably damped flow control solenoid (12, figures 2, 4, 6 and 9, variably regulated Col 14 ln 40-45) comprising: an armature (at 24/68/110/610/928/930) with an orifice (at 70/958), said orifice comprising a portion of a fluid flow path (from 36 to 38 and vice versa) of said armature, said fluid flow path extending through said armature; a plurality of protrusion[[s]] (both 86 and 935 are protrusions) extending axially from said armature, said protrusion[[s]] configured to reduce a contact area between said armature and a plate (at 1002 or body of 942) and provide an amount of leakage (there is a small amount of leakage as discussed, Col 14 ln 40-45 for pressure balancing purposes) between said armature and said plate; a motive component (16/986) configured (via controller 62) to change a position of said armature; said plate; and a pin (at 84/extension of 924/942 and 957) coupled with said plate (via coupling 92 figure 4 or integrally), wherein said pin configured to provide a controlled annular gap (between 82/86 and 935/957) with respect to said orifice and said fluid flow path of said armature for a portion of travel of said armature (via 70/958 and the gap between 82/86 and 935/957), wherein a rate of velocity of fluid flow to said fluid flow path of said armature is at least partially controlled by a shape of said pin in conjunction with said orifice and said fluid flow path of said armature (Co 14 id), such that said shape (slope) of said pin provides a variable and axial dependent rate of said velocity to said fluid flow path of said armature for said portion of travel of said armature (i.e. as the armature 24/930 moves to the pin, the rate of fluid flow increases based on the pressure differential between the higher and lower sides of the gap there between and so the dependent rate of velocity of the fluid flow to the armature varies there through, where it is also noted that armature face 935 is 30.deg. opposed to the 45.deg. pin face for variable fluid flow as variably regulated by the solenoid Col 14 ln 40-45, where it is noted that the equivalency is met where the the pin configuration is arranged with equivalent structure (the frustoconical areas) to operate in the same way (via variable gap) so as to achieve the same result (fluid flow rate control) as claimed);
Stobbs does not disclose: a plurality of protrusions: but Nishinosono teaches: providing a plurality of protrusions (via 62C figure 4) on the armature end, for the purpose of for example, to maintain armature pressure balancing, lubrication and to reduce impact and dampen movement during reciprocal action, thus making for a more responsive valve;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Stobbs as taught in Nishinosono, with a plurality of protrusions (via 62C figure 4) on the armature end, for the purpose of for example, to maintain armature pressure balancing, lubrication and to reduce impact and dampen movement during reciprocal action, thus making for a more responsive valve.
Stobbs discloses in claim 22: A suspension (hydraulic shock absorber for vehicle suspension system figure 1 and see Col 4 ln 25-30) comprising: at least one shock assembly (at 26) comprising: a housing (30, 32, 34) comprising a main chamber (in 36) with a working fluid therein; a main piston (28) coupled with a piston shaft (the body thereof), said main piston within said main chamber; a reservoir (in 38); a fluid pathway (between 36 and 38 as applied to figures 2, 4, 6 and 9, the flow via 20, 70, 74/612, 116 and 22/604 figures 4 and 6 (and the same structure in figure 9, where the fluid pressure balances the armature as shown) fluidly coupling said main chamber with said reservoir; and a variable damped flow control solenoid (12) fluidly coupled with said fluid pathway, said variable damped flow control solenoid comprising: an armature (at 24/68/110/610/928/930) with an orifice (via 70/958), said orifice comprising a portion of a fluid flow path (from 36 to 38 via 70/958) of said armature, said fluid flow path extending through said armature (id); a plate (at 1002); and a pin (at 84/942) coupled with said plate (as shown), wherein said pin extends from (from the top to the bottom of) said plate toward said armature , said pin configured to provide a controlled annular gap (between 82/86 and 935/957) with respect to said orifice and said fluid flow path of said armature for a portion of travel (via flow there through) of said armature, wherein a rate of velocity of fluid flow to said fluid flow path of said armature is at least partially controlled by a shape of said pin in conjunction with said orifice (the slope of the pin and orifice exit end between 82/86 and 935/957 where the differential pressure forces along with momentum and coil control the fluid flow rates per Col 14 ln 42 to Col 15 ln 8) and said fluid flow path of said armature, such that said shape of said pin (the pin slope is 45 degrees) provides a variable and axial dependent rate of said velocity of said fluid flow to said fluid flow path of said armature for said portion of travel of said armature (i.e. as the armature 24/930 moves to the pin, the rate of fluid flow increases based on the pressure differential between the higher and lower sides of the gap there between and so the dependent rate of velocity of the fluid flow to the armature varies there through, where it is also noted that armature face 935 is 30.deg. opposed to the 45.deg. pin face for variable fluid flow as variably regulated by the solenoid Col 14 id.)
Stobbs discloses in claim 2 and 23: wherein said portion of travel of said armature is proximate said orifice of said armature (the armature is proximally opening or closing the orifice during its travel.)
Stobbs discloses in claim 3 and 24: wherein said portion of travel of said armature is a closing of said armature (the armature is opening or closing during its travel.)
Stobbs discloses in claim 4 and 25: wherein said portion of travel of said armature is [a small distance at 83]. Stobbs does not explicitly disclose: the travel distance of about 0.020-0.030 inches; Schneider teaches: a small travel distance of about 0.4 to 2 mm where the fluid flow through the device can be controlled by small distance valve reciprocation, all for high pressure hydraulic applications Col 6 ln 11-17;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Stobbs as suggested in Schneider, based on the high pressure hydraulic application, a travel distance of about 0.02 to 0.03 inches, all for the purpose of accurately controlling the fluid through the valve at the desired rate of fluid flow transfer, all especially considering that a change in size and/or function is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976);
Stobbs discloses in claim 5 and 26: wherein a full travel distance of said armature is [small distance at 83); but Stobbs does not disclose: the travel distance of about 0.060-0.100 inches.
Schneider teaches: a small travel distance of about 0.4 to 2 mm where the fluid flow through the device can be controlled by small distance valve reciprocation, all for high pressure hydraulic applications Col 6 ln 11-17;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Stobbs as suggested in Schneider, based on the high pressure hydraulic application, a travel distance of about 0.060-0.100 inches, all for the purpose of accurately controlling the fluid through the valve at the desired rate of fluid flow transfer; all especially considering that a change in size and/or function is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976);
Stobbs discloses in claim 6 and 27: wherein said shape of said pin is circular with an axially changing radius (a circular top and frusto-conical annular recessed changing radius seat.)
Stobbs discloses in claim 7, 16 and 28: wherein said armature further comprises: at least one protrusion extending axially toward said plate, said at least one protrusion (both 86 and 935 are protrusions) configured to reduce a contact area between said armature and said plate and provide an amount of leakage between said armature and said plate (there is a small amount of leakage as discussed, Col 14 ln 40-45.)
Stobbs discloses in claim 8, 17 and 29: wherein said shape of said at least one protrusion is selected from a group consisting of: a trapezoid, a triangle, a square, and a curve (both in cross section and plan view, the shape/s is/are triangular, and circular.)
Stobbs discloses in claim 9, 18 and 30: wherein said plate further comprises: an opening (at 92/96 figure 4, and see figure 3 for the arrangement) therein to adjustably retain said pin.
Stobbs discloses in claim 11, 20 and 32: wherein said plate further comprises: at least one opening (20 and see figure 3) therethrough, said at least one opening configured to allow a fluid to flow therethrough.
Stobbs discloses in claim 13: The variably damped flow control solenoid of claim 12, wherein said portion of travel of said armature is a first [small distance] (at 83) of movement of said armature, from a fully closed position, away from said pin; Stobbs does not explicitly disclose: the travel distance of about 0.020-0.030 inches; Schneider teaches: a small travel distance of about 0.4 to 2 mm where the fluid flow through the device can be controlled by small distance valve reciprocation, all for high pressure hydraulic applications Col 6 ln 11-17;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Stobbs as suggested in Schneider, based on the high pressure hydraulic application, a travel distance of about 0.02 to 0.03 inches, all for the purpose of accurately controlling the fluid through the valve at the desired rate of fluid flow transfer, all especially considering that a change in size and/or function is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976);
Stobbs discloses in claim 14: The variably damped flow control solenoid of claim 12, wherein said portion of travel of said armature is a last [small distance] (at 83) movement of said armature, toward said pin, to reach a fully closed position; Stobbs does not explicitly disclose: the travel distance of about 0.020-0.030 inches; Schneider teaches: a small travel distance of about 0.4 to 2 mm where the fluid flow through the device can be controlled by small distance valve reciprocation, all for high pressure hydraulic applications Col 6 ln 11-17;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Stobbs as suggested in Schneider, based on the high pressure hydraulic application, a travel distance of about 0.02 to 0.03 inches, all for the purpose of accurately controlling the fluid through the valve at the desired rate of fluid flow transfer, all especially considering that a change in size and/or function is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976);
Stobbs discloses in claim 15: The variably damped flow control solenoid of claim 12, wherein said shape of said pin includes a size and a length of said pin calculated with respect to a size and a shape of said flow path of said armature (to provide the desired fluid flow rate and damping effect, and see equation 1 Col 6 ln 60 to Col 7 ln 20 or Col 10 ln 65 – Col 11 ln 25 for figure 7.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew W Jellett/Primary Examiner, Art Unit 3753
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