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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1 the limitation “a first at least one fluid” is not clear. It is not clear because it is not understood what is encompassed by “at least one”. Does that mean that there can be two first at least one fluids? Three first at least one fluids? Etc.
Regarding claims 3 and 8 the limitation “a second at least one fluid” is not clear. It is not clear because it is not understood what is encompassed by “at least one”. Does that mean that there can be two second at least one fluids? Three second at least one fluids? Etc.
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 1-7 are rejected under 35 U.S.C. 102a1 as being anticipated by Galasso et al. (US-20160319899).
Regarding claim 1, Galasso et al. discloses a shock absorber (200, fig 2), comprising: a first tube (at least suspension tube 210/205) having an interior and an exterior (fig 2), the interior of the first tube at least partially defining a first chamber (inside 210/205) and wherein the first chamber is at least partially filled with a first at least one fluid (gas spring) and the exterior of the first tube (210/205) being exposed to ambient air at atmospheric pressure; a second tube (205) configured to telescopically interfit with the first tube ([0039] wherein damping body 205 telescopically arranged within a gas spring body 210); and a release valve (figs 6a and 6b, 350) adjacent a first passageway (277) and capable of allowing the first at least one fluid to move through the first passageway from the interior of the first tube to the exterior of the first tube when a pressure of the at least one fluid exceeds a release valve threshold ([0043, at least when the force of spring 276 is overcome by gas pressure), wherein the release valve includes: a first spring (276); a first blocker (226/275); a first seat (figs 6a/b, seat opposite 275); and a first spring adjuster (325 and/or 305) configured to adjust the release valve threshold ([0040] at least during initial pressurization); wherein the first spring (276) urges the first blocker (265/275) against the first seat to block movement of the first at least one fluid through the first passageway ([0040] at least during initial pressurization and before rider is seated).
Regarding claim 2, Galasso et al. discloses wherein the first spring adjuster is adjustable from the exterior of the first tube (fig 2, 305 and 325 outside of suspension tube 210/205).
Regarding claim 3, Galasso et al. discloses a fluid introduction valve ([0039] at least Schrader valve 215 and shown schematically at 122 in fig 1) adjacent a second passageway configured to allow a second at least one fluid to move through the second passageway from the exterior of the first tube to the interior of the first tube ([0039] at least during initial fill), wherein the fluid introduction valve includes a second spring, a second blocker, a second seat, wherein the second spring urges the second blocker against the second seat ([0039] wherein it has been interpreted that the Schrader valve as disclosed includes a spring, a blocker, and a seat).
Regarding claim 4, Galasso et al. discloses a fluid introduction fixture (fig 2, 300/306/310) configured to mate with the fluid introduction valve (fig 2).
Regarding claim 5, Galasso et al. discloses wherein the fluid introduction fixture further comprises a reservoir (300).
Regarding claim 6, Galasso et al. discloses a pump attached to the reservoir (fig 2, [0039] hand or automated pump).
Regarding claim 7, Galasso et al. discloses wherein the pump comprises a plunger configured to reciprocate in the reservoir and configured to be actuated by a user (fig 2, [0039] hand or automated pump).
Claims 1-2 are rejected under 35 U.S.C. 102a1 as being anticipated by Becker et al. (US-7163222).
Regarding claim 1, Becker et al. discloses a shock absorber (34, fig 2), comprising: a first tube (46 including 100 which is fixed to the lower end of 46) having an interior (112) and an exterior (114, fig 3), the interior of the first tube at least partially defining a first chamber (112) and wherein the first chamber is at least partially filled with a first at least one fluid and the exterior of the first tube (46/50) being exposed to ambient air at atmospheric pressure; a second tube (44) configured to telescopically interfit with the first tube (fig 3); and a release valve (fig 10 at least blowoff 242) adjacent a first passageway (216’ and/or 254) and configured to allow the first at least one fluid to move through the first passageway from the interior (112’) of the first tube to the exterior (114’) of the first tube when a pressure of the at least one fluid exceeds a release valve threshold (col. 16, lines 25-43), wherein the release valve includes: a first spring (248); a first blocker (246); a first seat (250); and a first spring adjuster (preload adjuster) configured to adjust the release valve threshold (col. 16, lines 33-35, at least wherein the spring 248 is preloaded and therefore adjustable, preload adjustment knob also shown at 294/302 in fig 14); wherein the first spring (248) urges the first blocker (246) against the first seat (250) to block movement of the first at least one fluid through the first passageway (col. 16, lines 29-31, at least wherein 248 biases the blow-off piston into engagement with the blow-off piston seat 250 to substantially prevent fluid from passing through the valve opening 244 at fluid pressures below a predetermined threshold).
Regarding claim 2, Becker et al. discloses wherein the first spring adjuster is adjustable from the exterior of the first tube (fig 10, at least wherein it has been interpreted that the preload adjustment of 248 is adjustable from the outside, preload adjustment knob also shown at 294/302 in fig 14).
Claims 11-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Galasso et al. (US-20140212302).
Regarding claim 11, Galasso discloses a shock absorber (34, fig 1), comprising: a first tube (46 including 100 which is fixed to the lower end of 46) having an interior (112) and an exterior (114, fig 3), the interior of the first tube at least partially defining a first chamber (112); a second tube (44) configured to telescopically interfit with the first tube (fig 2); a fluid introduction passageway (fig 5, at least 201) extending between an interior port (209) on the interior of the first tube (fig 5) and an exterior port (fig 5 at or near 204/201) on the exterior of the first tube; a fluid introduction valve (at least configured to allow the introduction of at least one fluid from the exterior of the first tube into the first chamber (112); and a fluid retainer (70/64) positioned adjacent the interior port (209), wherein the fluid retainer is configured to retain at least some of the at least one fluid introduced through the fluid introduction passageway (201).
Regarding claim 12, Galasso discloses wherein the fluid retainer is a ring (foam ring 70).
Regarding claim 13, Galasso discloses wherein the fluid retainer is made from a foam (foam ring 70).
Regarding claim 14, it has been interpreted that the foam ring 70 is an open-celled foam (fig 5).
Regarding claim 15, Galasso discloses wherein the fluid retainer is capable of retaining at least 1 milliliter of the at least one fluid (it has been interpreted that foam ring 70 is capable of retaining at least 1 ml of fluid).
Regarding claim 16, Galasso discloses wherein the fluid retainer (70/64) has a first length (at least axially in fig 5) and the interior port (209) has a second length (fig 5 at least radially) and the first length is greater than the second length (fig 5, at least wherein the length of 64/70 has been interpreted as longer than the radial length of 209).
Regarding claim 17, Galasso discloses wherein the fluid introduction valve includes a spring (unnumbered spring in base valving figure 5, referenced at 248 in US7163222, incorporated herein by reference [0015]), a blocker (246), and a seat (250), wherein the spring urges the blocker against the seat (fig 5). It is noted that in [0015] the shock absorber 34 is that as disclosed in U.S. Pat. No. 7,163,222 which Patent is incorporated herein, in its entirety, by reference.
Regarding claim 18, Galasso discloses a seal (68) extending between the first tube (46) and the second tube (44) and wherein the fluid retainer (70) is positioned adjacent the seal (68, fig 5).
Regarding claim 19, Galasso discloses wherein the interior port (209) is positioned between the seal (68) and the fluid retainer (70/64).
Regarding claim 20, Galasso discloses wherein the at least one fluid comprises a substantially incompressible fluid (hydraulic fluid).
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.
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 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Galasso et al. (US-20160319899) in view of Talavasek (US-20120325605).
Regarding claim 8, Galasso et al. discloses as set forth above but is silent as to the fluid in the damper. Talavasek teaches a substantially incompressible fluid as a damping fluid for the bicycle suspension 20 (Talavasek, fig 1, [0042] reservoir 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the damping fluid for a gas spring/damper suspension would be a standard hydraulic fluid as taught by Talavasek in a similar gas spring/damper suspension arrangement.
Regarding claim 9, Galasso et al. discloses wherein the release valve (350) and the fluid introduction valve (215) are spaced from one another longitudinally along a length of the suspension tube (fig 2) but lack wherein both are mounted on the first tube. Talavasek teaches wherein a release valve (60a) and an introduction valve (60b) are longitudinally spaced on the same tube.
Regarding claim 10, Galasso et al. discloses a remote connection at valves (215) and (350) but lack wherein the release valve (350) and the fluid introduction valve (215) are spaced from one another circumferentially about a circumference of the first tube.
Regarding claims 9 and 10, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose the locations of the release and supply valves based on routine engineering design choice driven at least by packaging constraints, accessibility, manufacturability and desired performance.
Conclusion
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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/JAMES K HSIAO/ Examiner, Art Unit 3616
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