DETAILED ACTION
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 1-4 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirahara (JP H11336824 A)
Re claims 1, 11 and 13, Hirahara disclose a damper assembly comprising: a inner damper (1) and an outer damper (6) in a telescopic configuration; the inner damper including a first tube, a rod (3) disposed at least partially within the first tube and coaxially therewith, and a main piston (4) connected to the rod and slidably disposed within the first tube, the main piston dividing an interior of the first tube into a first chamber and a second chamber; the outer damper including a second tube disposed coaxially around the inner damper and a second piston connected to an axial end of the first tube and dividing an interior of the second tube into an upper oil chamber and a lower oil chamber, the second piston defining a second passage providing fluid communication between the upper oil chamber and the lower oil chamber; and a displacement fluid passage (19) providing fluid communication between the first chamber and the upper oil chamber. Since fluid is displaced between passages 10, 14 and 19, passage 19 is capable of providing communication between the first chamber of the inner damper and the upper oil chamber of the outer damper. (Fig. 10-11)
Re claims 2 and 11, the outer damper (6) of Hirahara is configured to move, during a compression stroke, from a full-extended position toward a compressed position after the main piston of the inner damper (1) has moved substantially completely toward the second piston. (Fig. 10-11, Machine Translation Page 8) The limitation is a functional recitation and it is the Examiner’s position that the apparatus is capable of the recited function.
Re claims 3 and 11, the main piston of the inner damper (1) of Hirahara is configured to move, during a rebound stroke, away from the second piston and toward an extended position after the outer damper (6) has moved substantially completely to a full-extended position. (Fig. 10-11, Machine Translation Page 8) The limitation is a functional recitation and it is the Examiner’s position that the apparatus is capable of the recited function.
Re claims 4 and 12, Hirahara discloses wherein the outer damper (6) is configured as a twin-tube damper including an outer tube disposed coaxially around the second tube and defining an annular chamber therebetween. (Fig. 11)
Allowable Subject Matter
Claims 5-10 and 14-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shen, DeKock, Deferme, and Deferme et al. teach similar damper assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELANIE TORRES WILLIAMS whose telephone number is (571)272-7127. The examiner can normally be reached Tuesday - Friday 7:00AM-3:00PM.
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/MELANIE TORRES WILLIAMS/
Primary Examiner
Art Unit 3616
MTW
March 7, 2026