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. Claims 1-20 are pending. Claims 1-20 have been examined. 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 appl icant regards as his invention. Claims 6-8 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. Claims 6 and 8 recite “the shoulder.” There is insufficient antecedent basis for this limitation in the claim. 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 is/are rejected under 35 U.S.C. 102 (a)(1) FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" as being anticipated by Shirai (US 11180212) . Shirai discloses a height adjustable seat post for a bicycle, the height adjustable seat post comprising: an upper tube (fig. 3: 22) and a lower tube (fig. 2: 20) configured in a telescopic arrangement, the lower tube to be coupled to a frame of the bicycle, the upper tube to be coupled to a seat (fig. 3: S) ; a piston (fig. 4: 40) disposed in the upper tube, the piston dividing the upper tube into a first chamber (fig. 4: 31) and a second chamber (fig. 4: 32) , the first and second chambers filled with fluid, the piston defining a fluid passageway (fig. 4: 60) between the first chamber and the second chamber; and a plug (fig. 4: 46) ; and a seal (fig. 7: 46a1) carried by the plug, the plug moveable in a linear direction between a closed position in which the seal is engaged with the piston to block fluid flow through the fluid passageway and an open position in which the seal is spaced from the piston to enable fluid flow through the fluid passageway (shown in figs. 5 and 6) . Allowable Subject Matter Claims 2- 5 and 9- 1 5 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. Claims 6-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claims 16-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art reference of Shirai fails to teach wherein the plug has a first plug portion and a second plug portion extending from a top side of the first plug portion, the first plug portion having a greater diameter than the second plug portion, and wherein the seal is disposed around the second plug portion and engaged with the top side of the first plug portion ; wherein the piston has a plurality of grooves extending axially along an outer surface of the piston to retain a volume of the fluid in the second chamber when the height adjustable seat post is in a fully extended position wherein the fluid is a compressible gas, and wherein the height adjustable seat post further includes a volume of incompressible fluid in the upper tube, such than when the height adjustable seat post is in a fully extended position, the incompressible fluid fills the second chamber. With respect to claim 16, the prior art cited fails to teach at least wherein the height adjustable seat post comprises a piston coupled to the shaft and disposed in the upper tube, the piston dividing the upper tube into a first chamber and a second chamber, the first and second chambers filled with pressurized fluid, the piston defining an interior cavity; and a solenoid in the interior cavity of piston, the solenoid to operate a valve to enable fluid flow across the piston between the first and second chambers . Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT TIMOTHY J BRINDLEY whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7231 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri, 9am-5pm . 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 David Dunn can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712726670 . 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. /TIMOTHY J BRINDLEY/ Primary Examiner, Art Unit 3636