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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/12/2024, 05/23/2025 and 11/13/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-6 and 9-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Deferme (US 2022/0049755 A1).
The applied reference has a common joint inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Deferme discloses a damper (20), comprising:
an inner tube (26) having a longitudinal axis;
a piston (30) slidably disposed in the inner tube;
an outer tube (24) surrounding the inner tube, the inner tube and outer tube defining a fluid chamber therebetween;
a first valve assembly (54, 55, 58) including a first valve ring (54 in fig. 5) and a first valve disc (58) fixed to the first valve ring, the first valve ring including a first passageway (55), the first valve disc covering the first passageway to restrict flow through the first passageway in a first direction and allow flow in an opposite second direction, and
a second valve assembly (56, 57, 60) including a second valve ring (56) and a second valve disc (60) fixed to the second valve ring, the second valve ring including a second passageway (57), the second valve disc covering the second passageway to restrict flow through the second passageway in the second direction and allow flow in the first direction, wherein the first valve assembly is axially spaced apart from the second valve assembly.
Re-claim 2, Deferme discloses a spacer (100) positioned axially between the first valve assembly and the second valve assembly.
Re-claim 3, Deferme discloses the outer tube defines an intake orifice (52) positioned axially between the first valve assembly (54, 55, 58) and the second valve assembly (56, 57, 60).
Re-claim 4, Deferme discloses the intake orifice (52) is in uninterrupted fluid communication with the first passageway (55) and the second passageway (57).
Re-claim 5, Deferme discloses the first valve assembly (56, 57, 60) is identical to the second valve assembly (56, 57, 60).
Re-claim 6, Deferme discloses the first valve assembly (54, 55, 58) is oriented in a reverse direction relative to the second valve assembly (56, 57, 60).
Regarding clam 9, Deferme discloses a damper (20), comprising:
an inner tube (26) having a longitudinal axis;
a piston (30) slidably disposed in the inner tube;
an outer tube (24) surrounding the inner tube, the inner tube and outer tube defining a fluid chamber therebetween;
a first valve assembly (54, 55, 58) including a first valve ring (54) and a first valve disc (58) fixed to the first valve ring, the first valve assembly being positioned within the fluid chamber; and
a second valve assembly (56, 57, 60) including a second valve ring (56) and a second valve disc (60) fixed to the second valve ring, wherein the second valve assembly is positioned within the fluid chamber and axially spaced apart from the second valve assembly,
wherein the outer tube includes an intake orifice (52) positioned axially between the first valve assembly and the second valve assembly.
Re-claim 10, Deferme discloses the first valve ring (55) is sealingly engaged with the inner tube (26) and the outer tube (24).
Re-claim 11, Deferme discloses the first valve ring (55) includes a first passageway (55) extending therethrough, the first valve disc being movable from a first position restricting flow through the first passageway to a second position allowing flow through the first passageway.
Re-claim 12, Deferme discloses the first valve assembly (54, 55, 58) is oriented in a reverse direction relative to the second valve assembly (56, 57, 60).
Re-claim 13, Deferme discloses the first valve assembly includes a fastener (69) fixing the first valve disc to the first valve ring.
Re-claim 14, Deferme discloses a spacer (100) positioned axially between the first valve assembly and the second valve assembly (56, 57, 60), wherein the spacer includes an outer diameter less than an inner diameter of the outer tube.
Re-claim 15, Deferme discloses each of the first valve assembly (54, 55, 58) and the second valve assembly (56, 57, 60) are arranged in a slip fit with the inner tube.
Regarding claim 16, Deferme discloses a method of assembling a damper (20), comprising:
coupling a first valve disc (58) to a first valve ring (54) to define a first valve assembly (54, 55, 58);
coupling a second valve disc (60) to a second valve ring (56) to define a second valve assembly (56, 57, 60);
sliding the second valve assembly onto an inner tube (26 )of the damper assembly after the coupling steps;
sliding the first valve assembly onto the inner tube of the damper assembly after the coupling steps; and
positioning the inner tube (26) with the first valve assembly and the second valve assembly (56, 57, 60) positioned thereon within an outer tube (24) of the damper assembly.
Re-claim 17, Deferme discloses installing a spacer (100) onto the inner tube after sliding the second valve assembly (56, 57, 60) and before sliding the first valve assembly (54, 55, 58).
Re-claim 18, Deferme discloses sliding the second valve assembly (56, 57, 60) onto the inner tube includes sealingly engaging the second valve assembly (56, 57, 60) with the inner tube and the outer tube.
Re-claim 19, Deferme discloses positioning a third valve disc (62) in engagement with the first valve ring (58) and positioning the first valve disc in engagement with the third valve disc prior to coupling the first valve disc to the first valve ring.
Re-claim 20, Deferme discloses abutting the second valve assembly (56, 57, 60) against an annular land formed on the inner tube (26).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-8 are rejected under 35 U.S.C. 103 as being obvious over Deferme (US 2022/0049755 A1) in view of Ross (CN 105358862 B).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 7-8, Deferme discloses all claimed limitations as set forth above including a fastener (69) but fails to disclose a plurality of fasteners wherein, the first passageway (55) is rotationally offset from each of the fasteners. However, Ross discloses a valve assembly comprising a plurality of fasteners (note the fasteners attached to member 21 as shown in fig. 5B). It would have been obvious to one having ordinary skill in the art at the time before the filing date of the present application was made to modify the valve assembly of Deferme to provide a plurality of fasteners as taught by Ross will provide stronger and balanced support of the valve assembly.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT SICONOLFI can be reached at 5712727124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616