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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 11-Feb-2026 is acknowledged.
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
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.
Claims 1, 2, 4, 5, 8 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2021/0381574) in view of Kim (US 2022/0412429).
Regarding independent claim 1, Smith discloses an electronic bypass (eBypass) cartridge assembly (100) (see Abstract, FIGS. 2, 2L), comprising: a bypass valve (105) defining a first chamber (see FIG. 2, chamber formed above bypass valve (105)); a valve body (110) defining a second chamber (106) (see FIG. 2); a bypass tube (31) defining a third chamber (see FIG. 2); and a solenoid assembly (450), wherein the solenoid assembly controls flow between the first chamber, the second chamber, and the third chamber (see e.g. ¶ 0038).
Smith discloses a throttle (130) restricting flow from the second chamber to the first chamber (see FIG. 2), but does not disclose a check valve preventing flow from the second chamber to the first chamber.
Kim discloses an electronic bypass (eBypass) cartridge assembly (see Abstract, FIGS. 3-4), comprising: a bypass valve (353) defining a first chamber (see FIG. 4, space below (353)); a valve body (310) defining a second chamber (315); and a check valve (510) preventing flow from the second chamber to the first chamber (see ¶¶ 0091, 0107).
It would have been obvious to replace the throttle (130) of Smith with a check valve as taught by Kim to prevent the flow of fluid from the pilot chamber (106) to the first chamber, thereby allowing the pilot chamber to be filled with pressure while closing in response to a minimal load, thereby maintaining the pressure in the pilot chamber and improving the linearity of the damping force through pressure control exclusively via the solenoid valve (see e.g. Kim, ¶¶ 0107-0112).
Regarding claim 2, Smith discloses a cartridge attachment interface (A) (see annotated FIG. 2, below); and a sealing surface (B) defined by the bypass valve (see annotated FIG. 2, below).
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Regarding claim 4, Smith discloses a valve seat (C) (see annotated FIG. 2, above) formed on a spring housing (D) (see annotated FIG. 2, above), wherein the sealing surface is configured to seal to the valve seat in a fully closed position (see FIG. 2).
Regarding claim 5, Smith discloses a single bypass input tube (E) (see annotated FIG. 3, below); and a single bypass output tube (F) (see annotated FIG. 3, below), wherein the eBypass cartridge assembly is operable to: receive bypass fluid via substantially only the single bypass input tube (see FIG. 3; ¶ 0034); and exit bypass fluid via substantially only the single bypass output tube (see FIG. 3; ¶ 0034).
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Regarding claim 8, Smith discloses a valve seat (C) (see annotated FIG. 2, above) formed on a spring housing (D) (see annotated FIG. 2, above), wherein the sealing surface is configured to seal to the valve seat in a fully closed position (see FIG. 2).
Regarding claim 16, Smith discloses a rod assembly (G) interfacing with the cartridge attachment interface (see annotated FIG. 2, above).
Regarding claim 17, Smith discloses a valve assembly (H) located within the rod assembly configured to control flow between the first chamber, the second chamber, and the third chamber (see FIG. 2; ¶ 0038).
Regarding claim 18, Smith discloses a controller (602) in electrical communication with the solenoid assembly (see FIG. 6), wherein the controller is configured to: infer a relative position between a sprung mass and an unsprung mass based on a plurality of vehicle inputs (604, 606, 608) (see ¶¶ 0078-0081).
Regarding claim 19, Smith discloses that the controller is configured to: regulate a predetermined amount of pressure to build between at least one inlet to the valve assembly and at least one outlet of the valve assembly (see ¶ 0080), wherein the at least one inlet is in fluid communication with the second chamber and the at least one outlet is in fluid communication with the third chamber (see FIG. 2).
Regarding claim 20, Smith discloses that the sealing surface defined by the bypass valve creates a seal with the valve seat to fluidly isolate the single bypass input tube from the single bypass output tube when the bypass valve is in a first position (see FIG. 2; ¶ 0032) and allows fluid to flow between the single bypass input tube and the single bypass output tube when the bypass valve is in a second position (see ¶ 0041).
Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2021/0381574) in view of Kim (US 2022/0412429), as applied to claims 1, 2 and 8, above, and further in view of Gartner (US 2008/0250844).
Regarding claim 3, Smith discloses an active valve monitor configured to sense a position of the bypass valve (see ¶ 0085). Smith does not disclose that the active valve monitor is a Linear Variable differential Transformer (LVDT) assembly.
Gartner teaches an electronically adjustable shock absorber (see Abstract, FIGS. 1a-4e) comprising a solenoid valve (270) and a linear variable differential transformer (LVDT) (see ¶ 0078) configured to sense a position of the solenoid valve (see ¶ 0078).
It would have been obvious to use a LVDT as the active valve monitor of Smith to utilize a known type of sensor that is suitable for use in electronically controlled damping valves.
Regarding claim 9, Smith discloses an active valve monitor configured to sense a position of the bypass valve (see ¶ 0085). Smith does not disclose that the active valve monitor is a Linear Variable differential Transformer (LVDT) assembly.
Gartner teaches an electronically adjustable shock absorber (see Abstract, FIGS. 1a-4e) comprising a solenoid valve (270) and a linear variable differential transformer (LVDT) (see ¶ 0078) configured to sense a position of the solenoid valve (see ¶ 0078).
It would have been obvious to use a LVDT as the active valve monitor of Smith to utilize a known type of sensor that is suitable for use in electronically controlled damping valves.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2021/0381574) in view of Kim (US 2022/0412429), as applied to claims 1 and 5, above, and further in view of Sovern et al. (US 2021/0316677).
Regarding claim 6, Smith does not disclose a plug assembly.
Sovern teaches a shock absorber valve assembly (see Abstract; FIGS. 1-8) comprising a solenoid valve (66, 68) and a plug assembly (76).
It would have been obvious to combine the plug assembly of Sovern with the cartridge of Smith to provide an electrical connection assembly that is necessary for the solenoid to receive power and control signals.
Regarding claim 7, Smith teaches a control module (602) configured to communicate with the solenoid assembly to control the solenoid assembly (see ¶ 0080). Sovern teaches the control module (18) communicates with the plug assembly (see ¶ 0019).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2021/0381574), Kim (US 2022/0412429) and Gartner (US 2008/0250844), as applied to claim 9, above, and further in view of Sovern et al. (US 2021/0316677).
Regarding claim 10, Smith does not disclose a plug assembly.
Sovern teaches a shock absorber valve assembly (see Abstract; FIGS. 1-8) comprising a solenoid valve (66, 68) and a plug assembly (76).
It would have been obvious to combine the plug assembly of Sovern with the cartridge of Smith to provide an electrical connection assembly that is necessary for the solenoid to receive power and control signals.
Regarding claim 11, Smith teaches a control module (602) configured to communicate with the solenoid assembly to control the solenoid assembly (see ¶ 0080). Sovern teaches the control module (18) communicates with the plug assembly (see ¶ 0019).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
April 16, 2026
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