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 § 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 applicant regards as his invention.
Claims 1-16 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.
Claim 1 recites the limitation "the interior space" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-16 are rejected due to their dependence upon claim 1.
Claim 3 recites the limitation "the central tube" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 line 1, it is unclear if the recitation “a pin-shaped region” is intended to reference the pin-shaped region recited in claim 1 (cl. 1 line 8), or another pin-shaped region.
Claims 9 and 10 are rejected based upon their dependence upon claim 8.
Claim 11 recites the limitation "the central tube" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the tube element" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 line 3, the phrase “preferably” is indefinite.
Claim 12 recites the limitation "the central tube" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the central tube" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the locking device" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the tube element" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the central tube" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 5-9, 11-13, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,500,708 to Rossman.
Re-claim 1, Rossman discloses a vibration damper, for a vehicle, comprising: an outer tube 24 and an inner tube 20 arranged coaxially; a compensation space 36/48 receives hydraulic fluid; a working piston 71 is connected to a piston rod 43, the working piston moves within the inner tube, an interior space of the inner tube is divided by the working piston 71 into a first working space 75 and a second working space 76, a plurality of flow elements (such as inward protrusions on tube element 35), each flow element has a pin-shaped region which extends in the radial direction, and are arranged within the compensation space (such as space 36), see figure 1. The projections are shown as not being annular, and are thus interpreted as individual projections forming flow elements.
Re-claim 2, the flow elements are fastened to a central tube 35.
Re-claim 3, the flow elements bear against the inner tube 20.
Re-claim 5, the flow elements are uniformly spaced from each other.
Re-claim 6, the flow elements are arranged in circumferential rows. Each flow element is positioned along a circumferential plane or line.
Re-claim 7, adjacent flow elements are arranged offset axially respect to one another.
Re-claim 8, the flow elements each having a pin-shaped region and a head region (i.e. widened end portion) which adjoins the pin-shaped region radially, see figure 1.
Re-claim 9, the head region has a greater diameter than the pin-shaped region.
Re-claim 11, as shown, the flow elements occupy between 1% and 99% of a tube element 35.
Re-claim 12, the flow elements are fastened to a tube element 35, the tube element is attached by means of a locking device (see inwardly bent connections at the top and bottom of the tube element) to the inner tube.
Re-claim 13, the locking device is a positively locking connection.
Re-claim 15, a central tube 35 is attached to the inner tube 20 via a central tube attachment (i.e. bent connections), a locking device (such as interference fit) is attached to the central tube attachment.
Re-claim 16, a damping valve device (such as base valve) and a tube element 37 having a flange region (inward connection) for attaching the damping valve device to a central tube 35, see figure 1.
Claim(s) 1-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,843,107 to Atkins.
Re-claim 1, Atkins discloses a vibration damper, for a vehicle, comprising: an outer tube 16 and an inner tube 14 arranged coaxially; a compensation space 15 receives hydraulic fluid; a working piston 12 is connected to a piston rod 11, the working piston moves within the inner tube, an interior space of the inner tube is divided by the working piston into a first working space and a second working space (such as spaces on opposing sides of piston 12), a plurality of flow elements 27, each flow element has a pin-shaped region which extends in the radial direction, and are arranged within the compensation space, see figure 1.
Re-claim 2, the flow elements 27 are fastened to the inner tube and the outer tube.
Re-claim 3, the flow elements 27 bear against the inner tube and against the outer tube.
Re-claim 4, the flow elements next to each other define a flow channel. Each element 27 is along a plane, the space between the elements define a flow path.
Re-claim 5, the flow elements 27 are uniformly spaced from each other.
Re-claim 6, the flow elements are arranged in a circumferential row along the outer tube.
Re-claim 7, adjacent flow elements are arranged offset circumferentially respect to one another.
Re-claim 8, the flow elements each having a pin-shaped region and a head region (i.e. widened end portion) which adjoins the pin-shaped region radially, see figure 1.
Re-claim 9, the head region has a greater diameter than the pin-shaped region.
Re-claim 11, as shown, the flow elements occupy between 1% and 99% of the outer tube and the inner tube.
Allowable Subject Matter
Claims 10 and 14 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chorkey shows a damper with internally extending screws passing through a compensation chamber. Ellis discloses a damper with flow elements 70 extending into a compensation chamber formed between an inner tube and an outer tube.
Any inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
February 18, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616