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, 11-13, and 18-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Williams, SR. (US-20040211298).
Regarding claim 1, Williams, SR. discloses an adjustable shock absorber system (1, Title), comprising: an adjustment ring assembly (figs 2-7, 135/40), which is configured to detachably connect with an adjustment ring (40) of a coil-over shock absorber (figs 2-7), such that a rotation of the adjustment ring assembly causes a rotation of the adjustment ring (figs 6-7 and [0029] wherein 135 engages directly with the nut 40) such that the rotation of the adjustment ring adjusts a preload of a spring of the coil-over shock absorber (at least figs 6-7 and the Abstract, wherein an engaging member can be coupled to a shock absorber adjustment nut that forms part of the shock absorber system so that upon rotation of the device, the nut is either tightened or loosened); wherein the adjustment ring assembly (135/40) is configured to accept a detachable connection of a tool grip portion (132) of a shock adjuster tool (130), when the adjustment ring assembly is connected with the adjustment ring (40 ) of the coil- over shock absorber (1, figs 2-7).
Regarding claim 2, Williams, SR. discloses wherein the adjustment ring assembly further comprises: a) a right adjustment ring member (figs 2 and 6, right side of 135D), which comprises a first peripheral surface (135A); and b) a left adjustment ring member(figs 2 and 6, left side of 135D), which comprises a second peripheral surface (135A); wherein the left adjustment ring member and the right adjustment ring member are configured to be mounted around the adjustment ring of the coil- over shock absorber (fig 6), such that the left adjustment ring member and the right adjustment ring member are detachably connected (figs 2-6); such that the first peripheral surface and the second peripheral surface form a peripheral mounting surface (135A), which encircles the adjustment ring assembly (fig 2), when the left adjustment ring member and the right adjustment ring member are mounted around the adjustment ring (40, fig 6).
Regarding claim 3, Williams, SR. discloses wherein the adjustment ring assembly (135) further comprises a peripheral mounting surface (135A), wherein the tool grip portion (132) further comprises: a band assembly (133), which comprises: an elongated band (133), which is configured to detachably wrap around the peripheral mounting surface of the adjustment ring assembly (fig 6).
The limitation “band” has been interpreted as being defined as a flat, thin strip or loop of material put around something. The limitation “band assembly” has been similarly defined as the claim only requires the assembly to consist of the elongated band. The elongated strip portion 133 has been interpreted as the “band assembly” since it is a flat strip put around ring 135 upon engagement.
Regarding claim 5, Williams, SR. has been interpreted under two alternate interpretations. First, it has been interpreted that Williams, SR. discloses wherein: a) the right adjustment ring member further comprises: a right ring body (fig 2 right side of 135D); a right first lock structure (135C on each tab 135B, [0029] wherein apertures 135C can be placed in detents 135B and sized to accept a securing members 136), which is positioned in a first end of the right ring body (fig 2, 135B near 135D); and a right second lock structure (the other of 135C on the other tab 135B near opposite 135D, [0029] wherein apertures 135C can be placed in detents 135B and sized to accept a securing members 136), which is positioned in a second end of the right ring body (fig 2); and b) the left adjustment ring member, further comprises: a left ring body (fig 2 left side of 135D); a left first lock structure (135C on each tab 135B, [0029] wherein apertures 135C can be placed in detents 135B and sized to accept a securing members 136), which is positioned in a first end of the left ring body (fig 2); and a left second lock structure (the other of 135C on the other tab 135B near opposite 135D, [0029] wherein apertures 135C can be placed in detents 135B and sized to accept a securing members 136), which is positioned in a second end of the left ring body (fig 2); wherein the right first lock structure is configured to detachably connect with the left second lock structure (fig 2 and [0029] multipiece at 135D); and wherein the right second lock structure is configured to detachably connect with the left first lock structure (fig 2 and [0029] multipiece at 135D).
In the second alternative interpretation, Williams, SR. discloses in [0029] wherein an adapter ring (135) can be defined by either a continuous, one-piece construction, or a multi-piece split construction with lines of separation (135D) between opposing halves as shown. This split construction allows the complementary halves to be assembled together once they have been put in place onto shock absorber adjustment nut 40. Williams, SR. notes that the lines of separation (135D) can form a simple divide or a more intricate interlocking fit. Since Williams, SR. discloses an interlocking fit, it has been interpreted that claim 5 is anticipated in a sense that each of the engaging surfaces of the right and left ring members comprise respective first and second lock structure.
Regarding claim 9, Williams, SR. discloses wherein the adjustment ring (40) comprises adjustment connecting structures (at least 44), and wherein: a) the left adjustment ring member (fig 6, left side of 135D) further comprises: a left connecting structure (fig 6, 135B) ; and b) the right adjustment ring member fig 6, right side of 135D) further comprises: a right connecting structure (fig 6, 135B); wherein the left connecting structure and the right connecting structure are configured to connect with the adjustment connecting structures (44) of the adjustment ring (figs 6-7 wherein 135 and 40 fit together at 44 and 135B).
Regarding claim 10, Williams, SR. discloses wherein the left connecting structure and the right connecting structure are pins (135B), and wherein the adjustment connecting structures are apertures (fig 7, 44). Similar to Applicants pin (Applicant fig 4b, 352), it has been interpreted that a pin can be formed in many different shapes including a tab such as 135B. 44 has been interpreted as the corresponding aperture wherein 135B resides (fig 6). It is noted that Applicant also has interpreted “pin” to include many shapes, including a tab (Applicant’s fig 4b, 352, and at least and [0196]).
Regarding claim 11, Williams, SR. discloses an adjustable shock absorber system (1, Title), comprising: a) a shock adjuster tool (130), which comprises: a lever arm (131); and a tool grip portion (132), which is connected to an inner end of the lever arm (fig 2); wherein the tool grip portion is configured to detachably connect to a peripheral mounting surface of an adjustment ring assembly (135/40), when the adjustment ring assembly is detachably connected with an adjustment ring of a coil-over shock absorber (1, figs 2-7).
Regarding claim 12, Williams, SR. discloses wherein the adjustment ring assembly (135) further comprises a peripheral mounting surface (135A), wherein the tool grip portion (132) further comprises: a band assembly (133), which comprises: an elongated band (133), which is configured to detachably wrap around the peripheral mounting surface of the adjustment ring assembly (fig 6).
The limitation “band” has been interpreted as being defined as a flat, thin strip or loop of material put around something. The limitation “band assembly” has been similarly defined as the claim only requires the assembly to consist of the elongated band. The elongated strip portion 133 has been interpreted as the “band assembly” since it is a flat strip put around ring 135 upon engagement.
Regarding claim 13, Williams, SR. discloses wherein the lever arm further comprises: a) a lever shaft (fig 3, 131A); and b) a connector member (at least 131B), such that an outer end of the connector member is connected to the lever shaft (131A), and such that an inner end of the connector member is connected to the tool grip portion (133).
Regarding claim 18, Williams, SR. discloses wherein the lever shaft (131A) is pivotably connected to the connector member (fig 3b, pivoting pin 137).
Regarding claim 19, Williams, SR. discloses an adjustable shock absorber system (1, Title), comprising: an adjustment ring assembly (figs 2-7, 135/40), which is configured to detachably connect with an adjustment ring (40) of a coil-over shock absorber (figs 2-7), such that a rotation of the adjustment ring assembly causes a rotation of the adjustment ring (figs 6-7 and [0029] wherein 135 engages directly with the nut 40) such that the rotation of the adjustment ring adjusts a preload of a spring of the coil-over shock absorber (at least figs 6-7 and the Abstract, wherein an engaging member can be coupled to a shock absorber adjustment nut that forms part of the shock absorber system so that upon rotation of the device, the nut is either tightened or loosened); and b) a shock adjuster tool (130), which comprises: a lever arm (131); and a tool grip portion (132), which is connected to an inner end of the lever arm (figs 2-6); wherein the tool grip portion (132) is configured to detachably connect to the adjustment ring assembly (135, figs 2 and 6), when the adjustment ring assembly is detachably connected with the adjustment ring of the coil-over shock absorber (figs 2-7); such that a clockwise rotation of the shock adjuster tool, when the tool grip portion is connected to the adjustment ring assembly in a first orientation, causes a frictional grip between the tool grip portion and the adjustment ring assembly to tighten, such that the clockwise rotation of the shock adjuster tool causes the adjustment ring of the coil-over shock absorber to tighten, thereby increasing the preload of the spring (at least figs 6-7, [0027] and the Abstract, wherein an engaging member can be coupled to a shock absorber adjustment nut that forms part of the shock absorber system so that upon rotation of the device, the nut is either tightened or loosened); such that an anti-clockwise rotation of the shock adjuster tool, when the tool grip portion is connected to the adjustment ring assembly in the first orientation (reversible switch 134D), causes the frictional grip between the tool grip portion and the adjustment ring assembly to loosen, such that the anti-clockwise rotation of the shock adjuster tool causes a repositioning of the shock adjuster tool, to allow space for a repeated clockwise rotation of the shock adjuster tool, to allow for further tightening of the adjustment ring ([0027, 134, wherein ratcheting mechanism 134 fits within head 132, being secured thereto by a cover 134B and screws 134C. Ratcheting mechanism 134 is reversible by switch 134D, which pivots ratcheting mechanism 134 to allow one of two sets of pawls 134A to engage complementary teeth 135A, on adapter ring 135 or shock absorber adjustment nut 140, respectively); such that the anti-clockwise rotation of the shock adjuster tool, when the tool grip portion is connected to the adjustment ring assembly in a second orientation (reversible switch 134D), causes a frictional grip between the tool grip portion and the adjustment ring assembly to tighten, such that the anti-clockwise rotation of the shock adjuster tool causes the adjustment ring of the coil-over shock absorber to loosen, thereby decreasing the preload of the spring (at least figs 6-7, [0027] and the Abstract, wherein an engaging member can be coupled to a shock absorber adjustment nut that forms part of the shock absorber system so that upon rotation of the device, the nut is either tightened or loosened); such that the clockwise rotation of the shock adjuster tool, when the tool grip portion is connected to the adjustment ring assembly in the second orientation, causes the frictional grip between the tool grip portion and the adjustment ring assembly to loosen, such that the clockwise rotation of the shock adjuster tool causes a repositioning of the shock adjuster tool, to allow space for a repeated anti-clockwise rotation of the shock adjuster tool, to allow for further loosening of the adjustment ring ([0027, 134, wherein ratcheting mechanism 134 fits within head 132, being secured thereto by a cover 134B and screws 134C. Ratcheting mechanism 134 is reversible by switch 134D, which pivots ratcheting mechanism 134 to allow one of two sets of pawls 134A to engage complementary teeth 135A, on adapter ring 135 or shock absorber adjustment nut 140, respectively).
Regarding claim 20, Williams, SR. discloses wherein the adjustment ring assembly further comprises: a) a right adjustment ring member (figs 2 and 6, right side of 135D), which comprises a first peripheral surface (135A); and b) a left adjustment ring member(figs 2 and 6, left side of 135D), which comprises a second peripheral surface (135A); wherein the left adjustment ring member and the right adjustment ring member are configured to be mounted around the adjustment ring of the coil- over shock absorber (fig 6), such that the left adjustment ring member and the right adjustment ring member are detachably connected (figs 2-6); such that the first peripheral surface and the second peripheral surface form a peripheral mounting surface (135A), which encircles the adjustment ring assembly (fig 2), when the left adjustment ring member and the right adjustment ring member are mounted around the adjustment ring (40, fig 6).
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.
Claims 3, 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Williams, SR. (US-20040211298) in view of Price et al. (US-1528691).
Regarding claims 3 and 12, under a separate interpretation from as set forth above, and wherein engaging portion 133 has not been interpreted as a band assembly, Williams lacks a band assembly. Price et al. teaches an adjustable spanner wrench wherein a tool grip portion comprises: a band assembly (7/8/9/10/11), which comprises: an elongated band (7/8), which is configured to detachably wrap around a peripheral mounting surface (nut 9a) of an adjustment ring assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a band assembly at the grip portion of the tool at least in order to provide a positive grip portion that is adjustable to many sizes of round nuts (Price et al., Col. 1, lines 14-21) or adjustable ring assemblies.
Regarding claim 16, Price et al. teaches wherein a protruding pin (12), which is connected to an inner side of the elongated band (8), such that the protruding pin protrudes from the inner side of the elongated band (figs 1-2); wherein the peripheral mounting surface (9a) comprises at least one aperture (14); such that the protruding pin is configured to engage with the at least one aperture of the peripheral mounting surface (col. 1, line 50- col. 2, line 59).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a band assembly with a protruding pin at the inner side of the elongated band at the grip portion of the tool at least in order to provide a positive grip portion that is adjustable to many sizes of round nuts (Price et al., Col. 1, lines 14-21) or adjustable ring assemblies.
Allowable Subject Matter
Claims 4, 6-8, 14-15, and 17 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: As to claim 4, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein a) the right adjustment ring member further comprises: a right ring body; a right first pin; a first side lower protruding portion, which protrudes from a lower first side of the right ring body, such that the right first pin protrudes upward from an outer part of the first side lower protruding portion; a right second pin; and a second side lower protruding portion, which protrudes from a lower second side of the right ring body, such that the right second pin protrudes upward from an outer part of the second side lower protruding portion; and b) the left adjustment ring member, further comprises: a left ring body; a first side upper protruding portion, which protrudes from an upper first side of the left ring body, wherein an outer portion of the first side upper protruding portion comprises a first vertical aperture; and a second side upper protruding portion, which protrudes from an upper second side of the left ring body, wherein an outer portion of the second side upper protruding portion comprises a second vertical aperture; wherein the right first pin inserts into the first vertical aperture, such that an outer portion of the first side upper protruding portion rests on a top of the first side lower protruding portion; and wherein the right second pin inserts into the second vertical aperture, such that an outer portion of the second side upper protruding portion rests on a top of the second side lower protruding portion.
As to claim 6, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein a) the right adjustment ring member further comprises: a right ring body; a right first lock structure, which is positioned in a first end of the right ring body; and a right second lock structure, which is positioned in a second end of the right ring body; and b) the left adjustment ring member, further comprises: a left ring body; a left first lock structure, which is positioned in a first end of the left ring body; and a left second lock structure, which is positioned in a second end of the left ring body; wherein the right first lock structure is configured to detachably connect with the left second lock structure; and wherein the right second lock structure is configured to detachably connect with the left first lock structure, and wherein the right first lock structure is configured as a right protruding structure and the right second lock structure is configured as a right receiving indentation; and wherein the left first lock structure is configured as a left protruding structure and the left second lock structure is configured as a left receiving indentation; such that the left protruding structure is configured to be detachably connectable with the right receiving indentation; and such that the right protruding structure is configured to be detachably connectable with the left receiving indentation.
As to claim 14, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the band assembly further comprises: a displacement member, which comprises: a displacement arm; and a band support, which is connected to an inner end of the displacement arm, such that the band support is curved to match a curvature of a first end of the elongated band, such that an outer surface of the band support is connected to the first end of the elongated band; wherein an outer end of the connector member is pivotably connected to the outer end of the displacement arm along a connection axis, and a second end of the elongated band is detachably and pivotably connected to an inner end of the connector member; such that the elongated band is configured to form a curve around a portion of the peripheral mounting surface, such that the first end of the elongated band is adjacent to the peripheral mounting surface, such that the first end of the elongated band follows a curvature of the peripheral mounting surface.
As to claim 17, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the lever arm further comprises: a) a lever shaft; and b) a connector member, such that an outer end of the connector member is connected to the lever shaft, and such that an inner end of the connector member is connected to the tool grip portion; wherein the connector member further comprises: a mounting aperture; wherein the mounting aperture is configured to allow attachment of a wrench tool with a wrench connector that fits into the mounting aperture, in order to apply a supplemental torque to the lever arm.
Conclusion
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/JAMES K HSIAO/Examiner, Art Unit 3616