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 .
DETAILED ACTION
This is the first action on the merits for application 18/406358. Claims 1-20 are currently pending in this application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “unidirectional piston head valves in one direction with different flow parameters than unidirectional piston head valves in the opposite direction” in Claims 8, 16, and “the adjustable base valves” in Claim 9, 17, 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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, 11, 13, 18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by BARBIAON (2004/0251097).
Regarding Claim 1, BARBIAON teaches A twin-tube damper, comprising:
a. an outer cylinder (26), a lower mounting cap (portion of 20 connected to 14) at a lower end of the outer cylinder (26) and an upper cap (portion of 20 connected to 26) at an upper end of the outer cylinder (26);
b. an inner cylinder (14) concentrically arranged within the outer cylinder (26) between the upper cap and the lower mounting cap;
c. a reserve reservoir (reservoir between 26 and 14) defined by an annular volume between the outer cylinder and the inner cylinder,
d. wherein the twin-tube damper is filled with a hydraulic fluid [0003];
e. a piston rod (18) extending downward from a top end through a rod-guide passage in the upper cap to a piston head (16) within the inner cylinder (14), wherein the piston head (16) divides an interior volume of the inner cylinder into a compression reservoir (22) below the piston head and a rebound reservoir (24) above the piston head, wherein the piston head and shaft are arranged to slidably reciprocate relative to the inner cylinder (14) during a compression stroke and a rebound stroke;
f. a base (28) seated in a lower end of the inner cylinder (14), wherein the base (28) includes valves (38)(32) which allow hydraulic fluid to flow between the compression reservoir (22) and the reserve reservoir (reservoir between 26 and 14) during the compression stroke and the rebound stroke;
g. the upper cap including an upper portion engaging an upper end portion of the outer cylinder (26), and a lower portion engaging an upper end portion of the inner cylinder (14) and wherein the lower portion defines a lower surface in communication with the rebound reservoir (24);
h. a stepped portion (portion of 20 contacting 26 and 14) extending between the upper portion and the lower portion, the stepped portion in communication with the reserve reservoir (reservoir between 26 and 14); and
i. at least one passage defined through the upper cap in combination with a check valve (34) that only allows one-way fluid transfer from the reserve reservoir (reservoir between 26 and 14) to the rebound reservoir (24).
Regarding Claims 3, 13, BARBIAON teaches wherein the stepped portion (portion of 20 contacting 26 and 14) includes a ring-shaped downward facing surface.
Regarding Claim 4, BARBIAON teaches including a recessed portion (portions of 35 on stepped portion) defined in the upper portion, wherein the recessed portion defines a volume in communication with the reserve reservoir and a pipe forming the at least one passage (Fig. 2).
Regarding Claim 11, BARBIAON teaches A twin-tube damper, comprising:
a. an outer cylinder (26) having an upper end and a lower end;
b. a lower mounting cap at the lower end of the outer cylinder (26), the lower mounting cap defining a lower attachment point;
c. an upper cap at the upper end of the outer cylinder (26);
d. an inner cylinder (14) concentrically arranged within the outer cylinder (26) between the upper cap and the lower mounting cap;
e. a reserve reservoir (reservoir between 26 and 14) defined by an annular volume between the outer cylinder (26) and the inner cylinder (14);
f. a top mounting end defining an upper attachment point;
g. a piston rod (18) extending downward from the top mounting end and slidably extending through a rod-guide passage in the upper cap to a lower end located in an interior of the inner cylinder;
h. a piston head (16) mounted to the lower end of the piston rod (18), wherein a perimeter of the piston head slidably engages an inner wall of the inner cylinder (14), and wherein the piston head divides an interior volume of the inner cylinder into a compression reservoir (22) below the piston head and a rebound reservoir (24) above the piston head;
i. a base (28) seated in a lower end of the inner cylinder (14) between the inner cylinder and the lower mounting cap, wherein the base (28) includes valves (38)(32) which allow hydraulic fluid to flow between the compression reservoir (22) and the reserve reservoir during the respective compression and rebound strokes of the twin-tube damper;
j. the upper cap including a body with an upper diameter portion in sealed engagement with the upper end and an inner wall of the outer cylinder (26), and a lower diameter portion which extends into and is in sealed engagement with an upper end and the inner wall of the inner cylinder (14) wherein the lower diameter portion includes a lower surface in communication with the rebound reservoir (24);
k. the body including a stepped portion (portion of 20 contacting 26 and 14) between the upper diameter portion and the lower diameter portion, the stepped portion defining a downward facing surface in communication with the reserve reservoir; and
l. a one-way passage (34) defined through the upper cap that only allows fluid transfer from the reserve reservoir into the rebound reservoir.
Regarding Claim 18, BARBIAON teaches A twin-tube damper, comprising:
a. an outer cylinder (26) with a lower mounting cap at a lower end of the outer cylinder (26) and an upper cap at an upper end of the outer cylinder (26);
b. an inner cylinder (14) concentrically arranged within the outer cylinder (26) between the upper cap and the lower mounting cap;
c. a reserve reservoir (reservoir between 26 and 14) defined by an annular volume between the outer cylinder (26) and the inner cylinder (14), wherein the inner cylinder (14) and the reserve reservoir are filled with hydraulic fluid;
d. a piston rod (18) extending downward from a top end through a rod-guide passage in the upper cap to a piston head (16) within the inner cylinder (14), wherein the piston head (16) divides an interior volume of the inner cylinder (14) into a compression reservoir (22) below the piston head (16) and a rebound reservoir (24) above the piston head (16), wherein the piston head and shaft are arranged to slidably reciprocate relative to the inner cylinder (14) during a compression stroke and a rebound stroke;
e. a base (28) seated in a lower end of the inner cylinder (14), wherein the base includes base valves (32)(38) which allow hydraulic fluid to flow between the compression reservoir (22) and the reserve reservoir (reservoir between 26 and 14);
f. the upper cap engaging an upper end portion of the outer cylinder (26) and engaging an upper end portion of the inner cylinder (14); and,
g. at least one one-way passage (35) defined through the upper cap, wherein during the compression stroke, hydraulic fluid flows from the reserve reservoir (reservoir between 26 and 14) into the rebound reservoir (24) through the one-way passage at the same rate that hydraulic fluid flows through the base valves (32)(38) into the reserve reservoir (reservoir between 26 and 14) from the compression reservoir (22), and wherein during a rebound stroke, fluid is prevented from flowing from the rebound reservoir (24) into the reserve reservoir (reservoir between 26 and 14).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2, 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over BARBIAON (2004/0251097) in view of BLANKENSHIP (2016/0332499)
Regarding Claims 2, 12, BARBIAON teaches comprising a passage (35) defined through the upper cap (upper portion of 20), wherein the passage only allows one-way fluid transfer from the reserve reservoir (reservoir between 26 and 14) to the rebound reservoir (24).
BARBIAON does not teach A plurality of passages defined through the upper cap.
BLANKENSHIP teaches A plurality of passages (passages for valves 34)(Fig. 7) defined through the upper cap (50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the check valve configuration in BARBIAON with the configuration in BLANKENSHIP so fluid is more quickly transferred from the reserve reservoir to the rebound reservoir.
Claim(s) 5, 6, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over BARBIAON (2004/0251097) in view of FORSTER (5,738,191)
Regarding Claims 5, 14, BARBIAON teaches wherein the pipe connects to a portion: and c. a check-valve stopper (34) arranged within the portion.
BARBIAON does not teach wherein the pipe connects to a cup-shaped portion; b. the cup-shaped portion having a cylindrical sidewall with a diameter larger the diameter of the pipe and a ring-shaped tapered portion extending between the sidewall and the lower end of the pipe; and c. a check-valve stopper arranged within the cup-shaped portion.
FORSTER teaches wherein the pipe connects to a cup-shaped portion (portion containing 19); b. the cup-shaped portion having a cylindrical sidewall with a diameter larger the diameter of the pipe and a ring-shaped tapered portion extending between the sidewall and the lower end of the pipe; and c. a check-valve stopper (19) arranged within the cup-shaped portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the check valve configuration in BARBIAON with the configuration in FORSTER so the check valve operates well and is cost effective.
Regarding Claim 6, BARBIAON teaches wherein the check-valve stopper (FORSTER 19) is a spherical ball.
Claim(s) 7-9, 15-17, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over BARBIAON (2004/0251097) in view of WILBER (2022/0063367)
Regarding Claims 7, 15, 20, BARBIAON does not teach wherein the piston head includes adjustable piston head valves.
WILBER teaches wherein the piston head (110) includes adjustable piston head valves (90).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the valve configuration in BARBIAON so adjustable valves are in the piston heads as in WILBER to increase the level of adjustability in the damper’s response.
Regarding Claims 8, 16, BARBIAON as modified teaches wherein the piston valves (WILBER 90) comprise unidirectional piston head valves in one direction with different flow parameters than unidirectional piston head valves in the opposite direction.
Regarding Claims 9, 17, 19, BARBIAON as modified does not teach wherein the base includes adjustable base valves.
WILBER teaches wherein the base (24) includes adjustable base valves (adjustable valve in 24)(Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the valve configuration in BARBIAON so adjustable valves are in the piston heads as in WILBER to increase the level of adjustability in the damper’s response.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over BARBIAON (2004/0251097) in view of FURUYA (2006/0054437).
Regarding Claim 10, BARBIAON as modified does not teach wherein during a compression stroke, hydraulic fluid flows from the reserve reservoir into the rebound reservoir at a rate less than or equal to the rate that hydraulic fluid flows into the reserve reservoir from the compression reservoir, and wherein during a rebound stroke, fluid is prevented from flowing from the rebound reservoir into the reserve reservoir.
FURUYA teaches wherein during a compression stroke, hydraulic fluid flows from the reserve reservoir (R’) into the rebound reservoir at a rate less than or equal to the rate that hydraulic fluid flows into the reserve reservoir from the compression reservoir (R2’), and wherein during a rebound stroke, fluid is prevented from flowing from the rebound reservoir (R1’) into the reserve reservoir (R’)(Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the valve configuration in BARBIAON so it has the valve configuration in FURUYA so the damper is simplified and more cost effective.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY Y LIU whose telephone number is (571)270-7018. The examiner can normally be reached 9-5:30 ET.
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, ROBERT HODGE can be reached at 5712722097. 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.
HENRY Y. LIU
Examiner
Art Unit 3654
/HENRY Y LIU/ Primary Examiner, Art Unit 3654