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 § 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 1-5 are rejected under 35 U.S.C. 102a1 as being anticipated by Montagna et al. (US 20210301897).
Regarding claim 1, Montagna et al. discloses a method for controlling the flow of hydraulic between an upper working chamber (34) and a lower working chamber (42) of a pressure tube through a piston (302) disposed within the pressure tube (32), the piston having one or more flow passages (figs 22-24, at least 46/48/308), the method comprising: providing a fulcrum disc (fig 22, 359) proximate to the piston, the fulcrum disc having a first ring with a first center hole (fig 22), a first inner diameter, and a first outer diameter (fig 22); providing a check disc (314) proximate to the fulcrum disc opposite the piston (fig 22-24), the check disc having a second ring (328) with a second center hole (fig 22), a second inner diameter, a second outer diameter (fig 23), and one or more radial extensions (326) from the second ring (fig 22); and selecting the first outer diameter and the second outer diameter based on a desired damping response ([0078] at least wherein the amount of flex and/or translation of the check disc 214, 216, 314, 316 (and the associated decrease in size of the opening 222, 224, 322, 324) may be proportional to a rate of fluid flow and/or a pressure differential between the compression sub-chamber 42 and the rebound sub-chamber 44 of the cylinder 32). It has been interpreted wherein the associated decrease in size of the opening includes an associated outer ring diameter change affecting a rate of fluid flow.
Regarding claim 2, Montagna et al. discloses wherein the desired damping response is a desired transition from an open bleed condition to a normal bleed condition ([0078 at least wherein a threshold rate of fluid flow and/or difference in fluid pressure may be required to flex and/or translate the check discs 214, 216, 314, 316. The check discs 214, 216, 314, 316 may not increase resistance to movement until the threshold rate of fluid flow and/or difference in fluid pressure is achieved).
Regarding claim 3, Montagna et al. discloses wherein the first outer diameter (359) is equal to the second outer diameter (314 at least at 328).
Regarding claim 4, Montagna et al. discloses wherein the first outer diameter (359) is less than the second outer diameter (figs 23 and 24, 314 at least at outer diameter of 326 wherein 314/326 produce a different concentric circle than 314/328).
Regarding claim 5, Montagna et al. discloses wherein the fulcrum disc has a first thickness and the check disc has a second thickness (fig 22), and the method further comprises selecting the first thickness and the second thickness based on a desired damping response (at least [0084 ] wherein the threshold amount may be determined based on desired response characteristics of the damper assembly 200, 300, and the first check disc 214, 314 may be designed, e.g., via geometry such as thickness, material type, etc., to flex at the threshold amount).
Allowable Subject Matter
Claims 6-20 are allowed.
The following is an examiner’s statement of reasons for allowance: As to claim 6, the prior art of record, taken alone or in combination, fails to disclose or render obvious A kit for a shock absorber for a vehicle comprising: a pressure tube defining a fluid chamber; a piston configured to be disposed within the fluid chamber, the piston dividing the fluid chamber into an upper working chamber and a lower working chamber, wherein the piston defines a pair of bleed passages and a blow off passage that extend through the piston between the upper working chamber and the lower working chamber; a first fulcrum disc, the first fulcrum disc having a ring, a first fulcrum disc inner diameter, and a first fulcrum disc outer diameter; a first check disc, the first check disc having a ring, a first check disc inner diameter, a first check disc outer diameter, and one or more first cantilevered beams extending beyond the first check disc outer diameter, the one or more first cantilevered beams each having a free distal end; a second fulcrum disc, the second fulcrum disc having a ring, a second fulcrum disc inner diameter, and a second fulcrum disc outer diameter, wherein the second fulcrum disc outer diameter is different from the first fulcrum disc outer diameter; and a second check disc, the second check disc having a ring, a second check disc inner diameter, a second check disc outer diameter, wherein the second check disc outer diameter is different from the first check disc outer diameter, and one or more second cantilevered beams extending beyond the second check disc outer diameter, the one or more second cantilevered beams each having a free distal end; wherein the kit includes the first fulcrum disc, the first check disc, the second fulcrum disc, and the second check disc, and wherein during assembly of the shock absorber, only one of the first fulcrum disc and the second fulcrum disc and only one of the first check disc and the second check disc is selected and included in the shock absorber based on a desired damping response.
As to claim 9, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein a pressure tube defining a fluid chamber; a piston disposed within the fluid chamber, the piston dividing the fluid chamber into an upper working chamber and a lower working chamber, wherein the piston comprises a first side, a second side, and a fluid passage that extends through the piston between the upper working chamber and the lower working chamber; and a valve assembly comprising: a restriction disc proximate to the first side of the piston, the restriction disc including: a ring; and a finger extending radially outward from the ring, the finger configured to cover the fluid passage, the finger having a bleed orifice, wherein the bleed orifice remains open regardless of position of the restriction disc; an orifice disc, wherein the restriction disc is between the orifice disc and the first side of the piston, the orifice disc including: a ring; and a finger extending radially outward from the ring, having a bleed orifice, wherein the bleed orifice remains open regardless of position of the orifice disc, wherein the finger of the orifice disc overlaps the finger of the restriction disc, and wherein the bleed orifice of the orifice disc is aligned with the bleed orifice of the restriction disc; a check disc including: a ring; and a finger extending radially outward from the ring, the finger of the check disc is above the second finger of the orifice disc; and a fulcrum disc, wherein the fulcrum disc is between the orifice disc and the check disc, the fulcrum disc including a ring.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 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 JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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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.
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/J.K.H/Examiner, Art Unit 3616
/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
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