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 (1-3, 5-7,12-13, 16-17) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsunekawa (US 9440505 B2).
Regarding claim 1, Tsunekawa discloses a strut assembly (see Fig. 1) configured to be mounted to a vehicle, the strut assembly (see Fig. 1) comprising:
a damper (10) including an outer tube (11) and a piston rod (16) extending out from within the outer tube (11);
a striker cap (20) on the outer tube (11) and defining an aperture (see Fig. 1 central opening through cap 20) through which the piston rod (16) extends, the striker cap (20) including a plurality of retention tabs (23) each having a ramped surface (24) extending to a retention surface (25) that is non-orthogonal to the ramped surface (24);
a spring (32) extending around the piston rod (16); and
a dust boot (50) extending around the piston rod (16) and arranged between the spring (30) and the piston rod (16), the dust boot (50) including a plurality of dust boot locking tabs (70,72) configured to cooperate with the plurality of retention tabs (23) to lock the dust boot (50) to the striker cap (20).
Regarding claim 2, Tsunekawa discloses the striker cap (20) includes a top surface (21) defining the aperture (see Fig. 1 central opening through cap 20) and a circular sidewall (22) extending from the top surface (21); and the plurality of retention tabs (23) are spaced apart about the circular sidewall (22).
Regarding claim 3, Tsunekawa discloses the ramped surface (24) of each one of the plurality of retention tabs (23) extends non-orthogonal to a plane extending along the top surface (21).
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Regarding claim 5, Tsunekawa discloses each one of the plurality of retention tabs (23) includes an upper tip (see Element D in the annotated figure below) at an upper end of the plurality of retention tabs (23), the retention surface (25) is at a lower end of the plurality of retention tabs (23).
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Regarding claim 6, Tsunekawa discloses wherein the striker cap (20) further includes a plurality of stop tabs (Element F in the annotated figure below) spaced apart around a bottom end (Element G in the annotated figure below) of the circular sidewall (22) that is opposite to the top surface (21).
Regarding claim 7, Tsunekawa discloses wherein the plurality of stop tabs (Element F in the annotated figure above) are laterally spaced apart from, and offset from, the retention tabs (23) such that each one of the plurality of stop tabs (Element F in the annotated figure above) is between two of the plurality of retention tabs (23).
Regarding claim 12, Tsunekawa discloses a strut assembly (see Fig. 1) configured to be mounted to a vehicle, the strut assembly (see Fig. 1) comprising:
a damper (10) including an outer tube (11) and a piston rod (16) slidably movable within the outer tube (11); and
a striker cap (20) on the outer tube (11), the striker cap (20) including:
a top surface (21) defining an aperture (see Fig. 1 central opening through cap 20) through which the piston rod (16) extends; and
a circular sidewall (22) extending from the top surface (21), the circular sidewall (22) including a bottom end opposite to the top surface (21); and
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a plurality of retention tabs (23) evenly spaced apart about the circular sidewall (22), each one of the plurality of retention tabs (23) including a ramped surface (24) extending to a retention surface (25) that is non-orthogonal to the ramped surface (24), the ramped surface (24) is non-orthogonal to a plane extending along the top surface (21), and the retention surface (25) is closer to the bottom end (Element G in the annotated figure below) than the top surface (21);
a spring (32) extending around the piston rod (16); and
a dust boot (50) extending around the piston rod (16) and arranged between the spring (32) and the piston rod (16), the dust boot (50) including a plurality of boot locking tabs (70,72) at an interior of the dust boot (50), the plurality of boot locking tabs (70,72) are configured to cooperate with the plurality of retention tabs (23) to lock the dust boot (50) to the striker cap (20).
Regarding claim 13, Tsunekawa discloses the retention surface (25) is beneath the ramped surface (24).
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Regarding claim 16, Tsunekawa discloses wherein the striker cap (20) further includes a plurality of stop tabs (Element F in the annotated figure below) spaced apart around the bottom end (Element G in the annotated figure below) of the circular sidewall (22), the plurality of stop tabs (Element F in the annotated figure below) are laterally spaced apart from, and vertically offset from, the retention tabs (23) such that each one of the plurality of stop tabs (Element F in the annotated figure below) is between two of the plurality of retention tabs (23).
Regarding claim 17, Tsunekawa discloses the dust boot (50) includes a boot flange (91) configured as an integrated upper spring isolator at an upper end of the dust boot (50).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tsunekawa (US 9440505 B2) in view of Kawahara (US 9446647 B2).
Regarding claim 11, Tsunekawa discloses the strut assembly of claim 1.
Tsunekawa does not disclose that the dust boot includes a boot flange configured as an integrated upper spring isolator at an upper end of the dust boot.
Kawahara teaches the dust boot (16) includes a boot flange (26) configured as an integrated upper spring isolator at an upper end of the dust boot (16).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the dust boot which includes a boot flange configured as an integrated upper spring isolator at an upper end of the dust boot of Kawahara with the strut assembly disclosed in Tsunekawa in order to prevent attachment and intrusion of foreign objects and dust (see Col. 1:20-29).
Allowable Subject Matter
Claims 4, 8-10, 14-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: In claim 4, prior art Tsunekawa (US 9440505 B2), fails to teach alone or in combination each one of the plurality of retention tabs further include a stop flange between the retention surface and the top surface of the striker cap.
In claim 8, prior art, Tsunekawa (US 9440505 B2), fails to teach alone or in combination each one of the plurality of dust boot locking tabs is inside the dust boot and configured to slide along the ramped surface into cooperation with the retention surface of the plurality of retention tabs to rotate the dust boot and lock the dust boot to the striker cap. Claim 9 and 10 could be allowable by virtue of their dependency on claim 8.
In claim 14, prior art, Tsunekawa (US 9440505 B2), fails to teach alone or in combination each one of the plurality of retention tabs further includes a stop flange between the retention surface and the top surface of the striker cap. Claim 15 could be allowable by virtue of their dependency on claim 14.
Claims 18-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Claims 18-20 are allowed because the prior art of record, Tsunekawa (US 9440505 B2), fails to teach a first plurality of dust boot locking tabs within the dust boot, each one of the first plurality of dust boot locking tabs is configured to slide along the ramped surface into cooperation with the retention surface of the plurality of retention tabs to rotate the dust boot and lock the dust boot onto the striker cap; and a second plurality of dust boot locking tabs within the dust boot, each one of the second plurality of dust boot locking tabs is configured to align vertically with one of the plurality of stop tabs when the first plurality of dust boot locking tabs are in cooperation with the retention surface of the plurality of retention tabs. Wherein, each one of the plurality of dust boot locking tabs includes a distal tip and a chamfered surface configured to abut the circular sidewall of the striker cap. Wherein, the ramped surface extends from an upper tip to the retention surface; and the retention surface is beneath the ramped surface.
Accordingly, claims 18-20 are directed to a distinct structural improvement over Tsunekawa and are therefore considered allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Karem Akram Algarash whose telephone number is (571)272-5789. The examiner can normally be reached Monday - Friday 8am-5pm.
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/K.A.A./Patent Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616