Prosecution Insights
Last updated: May 04, 2026
Application No. 18/397,415

DAMPER WITH ASYMMETRICAL VALVE PRELOAD RING

Non-Final OA §102§103
Filed
Dec 27, 2023
Examiner
AUNG, SAN M
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Advanced Suspension Technology LLC
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
851 granted / 1095 resolved
+25.7% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
38 currently pending
Career history
1133
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.6%
+12.6% vs TC avg
§102
31.3%
-8.7% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1095 resolved cases

Office Action

§102 §103
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. Claim(s) 1 , 3-4, 6-8 , 11-12 , 15-17 and 19 -20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by NAKANO et al. (US – 2020/0208707 A1) . As per claim 1 , Nakano discloses Hydraulic Shock Absorber And D a mping Force Generation Mechanism comprising: a pressure tube (11, Fig: 1) ; a piston body (30, Fig: 1) slidably positioned within the pressure tube (Fig: 1) ; a blowoff disc (511, 512, [0157 ] , Fig: 4) having a first surface in contact with a surface of the piston body (upper surface of 511 in Fig: 4) and an opposite second surface (Fig: 4) ; a disc stack (514, 515, Fig: 4) ; and a preload ring ( FIG. 5 shows a preload plat e 513s, [0030]) axially positioned between the disc stack (514, 515) and the blowoff disc ( 511, 512, Fig: 4) , the preload ring being in direct contact with the second surface of the blowoff disc (Fig: 4) , wherein the preload ring includes an outer surface and a substantially constant thickness, the preload ring including a cross- sectional width that varies along its circumference ([0073] and [0079], Fig: 4-5) . As per claim 3 , Nakano discloses wherein the preload ring includes an inner surface (513d, Fig: 5, 7A) defining a central hole (Fig: 5, 7A) , the inner surface being shaped as an ellipse having a center offset from a center of the outer surface (As per Fig: 7A, two center of outer circle O1 and center of inner circle O2, both are offset, therefore an ellipse shape). As per claim 4 , Nakano discloses wherein the preload ring (513s) includes a hole extending through the thickness of the preload ring (Fig: 5, 7A) , the hole being concentric with the outer surface of the preload ring (two different center, O1 and O2, Fig: 7A) , the hole having an elliptical shape ( The minor axis of th e ellipse coincides with the vertical direction of the figure, and the major axis of th e ellipse coincides with the horizontal direction of the figure , [0079], F ig: 7A) . As per claim 6 , Nakano discloses wherein the preload ring includes a hole extending through the thickness of the preload ring (Fig: 5, 7A) , the hole being eccentric with the outer surface of the preload ring (two center O1 and O2, Fig: 7A) , the hole having a circular shape (Fig: 7A) . As per claim s 7 and 8 , Nakano discloses wherein the preload ring (513S) has one or more orientation features configured to orient the preload ring with respect to the piston body (Claim 7) and wherein one or more of the blowoff disc and the preload ring have one or more orientation features configured to orient one or more of the blowoff disc and the preload ring with respect to the piston body (As shown in FIG. 5, the preload plate 513S includes the ring-shaped portion 513 a formed in a ring shape and the axis alignment portions 513 b protruding radially outward from the outer periphery 513 c of the ring-shaped portion 513 a and performing axis alignment. In FIG. 5, the boundary between the ring-shaped portion 513 a and each axis alignment portion 513 b is shown by the dotted line T1 on the preload plate 5135. More specifically, the axis alignment portions 513 b of the preload plate 5135 protrude from the outer periphery of the ring-shaped portion 513 a toward a radially inward portion of the annular protrusion 38. The axis alignment portions 513 b thus contact the radially inward portion of the annular protrusion 38, whereby axis alignment is made, [0073], Fig: 5, 7A). As per claim 11 , Nakano discloses Hydraulic Shock Absorber And D a mping Force Generation Mechanism comprising: a pressure tube (11, Fig: 1); a piston body (30, Fig: 1) slidably positioned within the pressure tube (Fig: 1); a blowoff disc (511, 512, [0157], Fig: 4) having a first surface facing a surface of the piston body (upper surface of 511 in Fig: 4) and an opposite second surface (Fig: 4) ; and a preload ring ( FIG. 5 shows a preload plat e 513s, [0030]) having: a first surface in contact with the second surface of the blowoff disc (Fig: 4) ; a second surface opposite the first surface of the preload ring (Fig: 4) ; a circular outer surface (513c, Fig: 5) extending from the first surface of the preload ring to the second surface of the preload ring (Fig: 4-5) , the circular outer surface having a first center (O 1 , Fig: 7A ) ; and an inner surface (513d, Fig: 5) extending from the first surface of the preload ring to the second surface of the preload ring (Fig: 4-5) , the inner surface defining a hole through the preload ring (Fig: 4- 5) , the inner surface having a second center (O2, Fig: 7A) , and wherein the second center is offset from the first center (O1 and O2 are offset, Fig: 7A). As per claim 12 , Nakano discloses wherein the inner surface (513d, Fig: 7A) is circular in shape, elliptical in shape, irregular in shape, or wavy in shape (Fig: 7A). As per claim 15 , Nakano discloses Hydraulic Shock Absorber And Damping Force Generation Mechanism comprising: a pressure tube (11, Fig: 1); a piston body (30, Fig: 1) slidably positioned within the pressure tube (Fig: 1); a blowoff disc (511, 512, [0157], Fig: 4) having a first surface facing a surface of the piston body (upper surface of 511 in Fig: 4) and an opposite second surface (Fig: 4) ; and a preload ring (FIG. 5 shows a preload plate 513s, [0030]) having: a first surface in contact with the second surface of the blowoff disc (Fig: 4) ; a second surface opposite the first surface of the preload ring (Fig: 4) ; a circular outer surface (513c, Fig: 5) extending from the first surface of the preload ring to the second surface of the preload ring (Fig: 4-5) , the circular outer surface having a first center (O1, Fig: 7A) ; and an elliptical inner surface extending from the first surface of the preload ring to the second surface of the preload ring, the elliptical inner surface defining an elliptical hole through the preload ring ( The minor axis of th e ellipse coincides with the vertical direction of the figure, and the major axis of th e ellipse coincides with the horizontal direction of the figure , [0079], Fig: 7A). As per claim 16 , Nakano discloses the elliptical inner surface having a second center (O, Fig: 7C) , and wherein the second center is concentric with the first center (O, Fig: 7C). As per claim 17 , Nakano discloses the elliptical inner surface having a second center (O2, Fig: A) , and wherein the second center is offset from the first center (O1 and O2 are offset, Fig: 7A). As per claim 19 , Nakano discloses wherein one or more of the blowoff disc (511, 512, [0157], Fig: 4) and the preload ring have one or more orientation features configured to orient one or more of the blowoff disc and the preload ring with respect to the piston body (As shown in FIG. 5, the preload plate 513S includes the ring-shaped portion 513 a formed in a ring shape and the axis alignment portions 513 b protruding radially outward from the outer periphery 513 c of the ring-shaped portion 513 a and performing axis alignment. In FIG. 5, the boundary between the ring-shaped portion 513 a and each axis alignment portion 513 b is shown by the dotted line T1 on the preload plate 5135. More specifically, the axis alignment portions 513 b of the preload plate 5135 protrude from the outer periphery of the ring-shaped portion 513 a toward a radially inward portion of the annular protrusion 38. The axis alignment portions 513 b thus contact the radially inward portion of the annular protrusion 38, whereby axis alignment is made, [0073], Fig: 5, 7A). As per claim 20 , Nakano discloses wherein the elliptical inner surface has a minor axis and a major axis, and wherein neither the minor axis nor the major axis of the elliptical inner surface passes through the first center (Fig: 7C show that inner circle 513d is ellipse shape and offset without circle 513c, therefore it is inherently disclose that neither the minor axis nor the major axis of the elliptical inner surface passes through the first center). 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 . Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over NAKANO et al. (US – 2020/0208707 A1) as applied to claim 1 above, and further in view of Keil et al. (US – 6,672,436 B1) . As pr claim 2 , NAKANO discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the outer surface of the preload ring is uninterrupted and contiguously circular in shape. Keil discloses Variable Bleed Orifice Valving comprising: wherein the outer surface of the preload ring (92, Fig: 4) is uninterrupted and contiguously circular in shape (92, Fig: 4). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulic Shock Absorber And Damping Force Generation Mechanism of the NAKANO to use the preload ring in which the outer surface of the preload ring is uninterrupted and contiguously circular in shape as taught by Keil in order to provide the art with a method for tuning damping forces at low piston velocities in order to improve the handling characteristics of the vehicle without creating harshness . Claim(s) 5 , 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over NAKANO et al. (US – 2020/0208707 A1) as applied to claim 1 above, and further in view of SAWANISHI (JP – 2 010112464 A , Examiner disclosed English machined translation for reference ) . As per claim s 5 and 18 , NAKANO discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein one or more of the blowoff disc and the preload ring have one or more orientation features configured to orient the blowoff disc and the preload ring with respect to one another. SAWANISHI discloses Leaf Valve For Buffer Of Vehicle comprising: wherein one or more of the blowoff disc (14, Fig: 1, 3) and the preload ring (12, Fig: 1, 3) have one or more orientation features configured to orient the blowoff disc ( 914a, Fig: 3) and the preload ring (12a, Fig: 3) with respect to one another (In contrast, as shown in FIGS. 1 and 3, the leaf valve 2 is an annular valve having a notch 12a that functions as a throttling orifice that opens from the outer periphery, and an opposite valve of the leaf valve 12 The sub leaf valve 13 is stacked on the lower side in FIG. 1 serving as the disc side to close the valve disc side of the notch 12a, and is stacked on the piston 3 side in the upper side in FIG. And an annular plate 14 provided with a tongue-like valve body 14a that constitutes a check valve for opening and closing the notch 12a, [0022], English translation, Fig: 1, 3). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulic Shock Absorber And Damping Force Generation Mechanism of the NAKANO to make the one or more of the blowoff disc and the preload ring have one or more orientation features configured to orient the blowoff disc and the preload ring with respect to one another as taught by SAWANISHI in order to Ensures that the leaf valve which can set independently and separately the damping property on the side of expansion and damping property on the side of contraction of a buffer when piston speed exists in a low-speed area without impairing economical efficiency . As per claim 13 , NAKANO discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein one or more of the blowoff disc and the preload ring have one or more orientation features configured to orient the blowoff disc and the preload ring with respect to one another and/or the piston body. SAWANISHI discloses Leaf Valve For Buffer Of Vehicle comprising: wherein one or more of the blowoff disc (14, Fig: 1, 3) and the preload ring (12, Fig: 1, 3) have one or more orientation features configured to orient the blowoff disc (914a, Fig: 3) and the preload ring (12a, Fig: 3) with respect to one another and/or the piston body (In contrast, as shown in FIGS. 1 and 3, the leaf valve 2 is an annular valve having a notch 12a that functions as a throttling orifice that opens from the outer periphery, and an opposite valve of the leaf valve 12 The sub leaf valve 13 is stacked on the lower side in FIG. 1 serving as the disc side to close the valve disc side of the notch 12a, and is stacked on the piston 3 side in the upper side in FIG. And an annular plate 14 provided with a tongue-like valve body 14a that constitutes a check valve for opening and closing the notch 12a, [0022], English translation, Fig: 1, 3). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulic Shock Absorber And Damping Force Generation Mechanism of the NAKANO to make the one or more of the blowoff disc and the preload ring have one or more orientation features configured to orient the blowoff disc and the preload ring with respect to one another and/or the piston body as taught by SAWANISHI in order to Ensures that the leaf valve which can set independently and separately the damping property on the side of expansion and damping property on the side of contraction of a buffer when piston speed exists in a low-speed area without impairing economical efficiency . Claim(s) 9 - 10 , and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over NAKANO et al. (US – 2020/0208707 A1) as applied to claim 1 above, and further in view of KIM (US – 2017/0268593 A1) . As per claim 9 , NAKANO discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the cross-section width at one angular position along the outer surface is not equal to any other cross-sectional width at any other angular position along the outer surface. KIM discloses Shock Absorber For Railway Vehicle comprising: wherein the cross-section width at one angular position along the outer surface is not equal to any other cross-sectional width at any other angular position along the outer surface (angular position at 133a, Fig: 6). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulic Shock Absorber And Damping Force Generation Mechanism of the NAKANO to make the cross-section width at one angular position along the outer surface is not equal to any other cross-sectional width at any other angular position along the outer surface as taught by KIM in order to provide an initial opening position of the valve disk to a relatively low value and continuously open the valve disk from the initial opening position of the valve disk during strokes, thereby controlling a damping force in a low speed section and realizing a soft damping force due to nonoccurrence of a blow-off phenomenon. As per claim 10 , KIM further disclose wherein: the preload ring has a first cross-sectional width at a first angular position along the outer surface (the uppermost position along the vertical axis of Fig: 6) ; and the preload ring (130) has a second cross-sectional width at a second angular position along the outer surface, the second angular position being 180 degrees from the first angular position (the lowermost position along the same vertical axis of Fig: 6) , and the second cross-sectional width equal to the first cross-sectional width (Fig: 6). As per claim 1 4 , KIM discloses Shock Absorber For Railway Vehicle comprising: wherein: the preload ring has a first cross-sectional width between the circular outer surface (the uppermost position along the vertical axis of Fig: 6) and the inner surface at a first angular position along the circumference of the preload ring (the uppermost position along the vertical axis of Fig: 6) ; and the preload ring (130) has a second cross-sectional width between the circular outer surface and the inner surface at a second angular position along the circumference of the preload ring (the lowermost position along the same vertical axis of Fig: 6) , the second cross-sectional width being different from the first cross-sectional width (Fig: 6). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Hydraulic Shock Absorber And Damping Force Generation Mechanism of the NAKANO to make the preload ring has a first cross-sectional width between the circular outer surface and the inner surface at a first angular position along the circumference of the preload ring and the preload ring has a second cross-sectional width between the circular outer surface and the inner surface at a second angular position along the circumference of the preload ring the second cross-sectional width being different from the first cross-sectional width as taught by KIM in order to provide an initial opening position of the valve disk to a relatively low value and continuously open the valve disk from the initial opening position of the valve disk during strokes, thereby controlling a damping force in a low speed section and realizing a soft damping force due to nonoccurrence of a blow-off phenomenon . Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. A: Mourray (US – 4,624,347), B: Mourray (US – 4,615,420), C: KOBAYASHI et l. (US – 2021/0025471 A1), D: KUROIWA (US – 2017/0211652 A1), and E: Morita (US – 2015/0204408 A1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SAN M AUNG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5792 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 9:00 AM - 5:30 PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Robert Siconolfi can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-7124 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAN M AUNG/ Examiner, Art Unit 3616 /Robert A. Siconolfi/ Supervisory Patent Examiner, Art Unit 3616
Read full office action

Prosecution Timeline

Dec 27, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
98%
With Interview (+20.6%)
2y 11m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1095 resolved cases by this examiner. Grant probability derived from career allowance rate.

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