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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “222” has been used to designate both the side wall portion and the end wall portion (indicated as 226 in the specification). 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. 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 Objections
Claims 2-8, 11-13, 15, 17-19 and 23-25 are objected to because of the following informalities: Claims 2-8, 11-13 and 15 should begin with “The end member”; Claims 17-19 should begin with “The gas spring”; and Claims 23-25 should begin with “The method”. Appropriate correction is required.
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 8, 13, and 16-19 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 8 recites the limitation "said plurality of first annular ribs" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 13 and the recitation “annular gap”, the specification make no mention of an annular gap, but rather gap sections 518, disposed between longitudinal ribs 520. It is unclear how the longitudinal ribs can project radially inward in a direction away from the annular gap, as recited. The claims will be addressed in accordance with the specification.
Regarding claim 16 line 6, it is unclear if the recitation “an end member” is intended to reference the end member of claim 1, or anther end member.
Regarding claim 18 line 11, it is unclear if the recitation “a gas spring” is intended to reference the gas spring of claim 16, or anther gas spring.
Claims 17 and 19 are rejected due to their dependence upon claims 16 and 18.
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.
(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, 4, 5, 11, 12, and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,677,308 to Leonard.
Re-claim 1, Leonard discloses (such as figures 23-28) an end member assembly having a longitudinal axis, the end member engages a flexible spring member 200, the end member assembly extending axially from a first end toward a second end, the end member assembly comprising: a first end member component (interior member figure 23) including a first component wall (end wall and side wall portions) that extends peripherally about the longitudinal axis; and, a second end member component 808 including a second component wall formed as a unitary mass extending endlessly around the first end member component such that the second end member component is permanently attached to the first end member component.
Re-claim 4, a third end member component (see figure 23 and bearing element encircling the piston rod) is at least partially embedded within the first component wall of the first end member component.
Re-claim 5, the first component wall includes an end wall portion (i.e. upper horizontal wall), the third end member component includes a third component wall with an end wall portion at least partially embedded within the end wall portion of the first component wall. The third end member has at least a sidewall component that is embedded within the end wall portion of the first component wall.
Re-claims 11 and 12, the claims recite a process by which the apparatus is formed, and as such are interpreted as a product-by-process claims. The process by which the apparatus is formed or made may not be relied upon for defining patentability, unless a disclosed unanticipated result is found, see MPEP 2113.
Re-claim 15, the first and second end member components at least partially define an end member chamber within the end member assembly.
Re-claim 16, Leonard further discloses a gas spring assembly GS2 comprising: a flexible spring member 200 that defines a spring chamber 202; an end member 300 is secured across a first end of the spring member 200, the end member assembly is secured across a second end of the spring member 200 to form a fluid tight connection.
Re-claim 17, the flexible spring member at least partially defines a rolling-lobe 220 dimensioned for displacement along an outer surface portion 810 of the second component wall of the second end member component 808 as the gas spring assembly undergoes extension and compression during use.
Re-claim 18, Leonard further discloses a gas spring and damper assembly comprising: a damper assembly GD2 having a longitudinally-extending axis and including: a damper housing 900 includes a housing wall 936 extending axially between opposing first and second ends, the housing wall at least partially defines a damping chamber 902 containing a quantity of damping fluid; a damper rod assembly 600 includes an elongated damper rod 602 and a damper piston 604 secured to the elongated damper rod, the damper rod assembly the damper housing for reciprocal displacement relative thereto with the damper piston disposed within the damping chamber and at least a portion of the elongated damper rod projects axially-outwardly from the first end of the damper housing (see figure 24); the gas spring assembly GS2 is disposed in axially coextensive relation with at least a portion of the damper assembly (see figure 24).
Re-claim 19, the damper housing 900 includes an end wall portion 916 oriented transverse to the longitudinal axis, an end wall portion 826 (or top wall in figure 24) of the first component wall of the first end member component is axially supported on the end wall portion 916 of the damper housing 900 with an end of the end member assembly opposite the end wall portion substantially unsupported by the damper housing 900 in both axial directions. As seen in figure 24, the end member assembly is substantially supported by a top portion of the damper housing, as in the instant invention.
Claim(s) 1, 2, 4-8, 11-13, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2016 213 942 A1 to Deppe et al.
Re-claim 1, Deppe et al. disclose an end member assembly having a longitudinal axis, the end member engages a flexible spring member 9, the end member assembly extending axially from a first end toward a second end, the end member assembly comprising: a first end member component 4 including a first component wall that extends peripherally about the longitudinal axis; and, a second end member component 4 including a second component wall formed as a unitary mass extending endlessly around the first end member component such that the second end member component is permanently attached to the first end member component.
Re-claim 2, the first component wall includes a side wall portion extending axially about the longitudinal axis, the side wall portion includes an inner surface portion and a plurality of first annular ribs (see projections on the exterior surface of component 4) extending radially outward, the plurality of first annular ribs are disposed in axially spaced relation to one another along the side wall portion of the first component wall 4.
Re-claim 4, a third end member component 15 is at least partially embedded within the first component wall of the first end member component, see figure 5.
Re-claim 5, the first component wall includes an end wall portion, the third end member component includes a third component wall with an end wall portion at least partially embedded within the end wall portion of the first component wall.
Re-claim 6, the third end member component 155 includes a third component wall with a side wall portion 24 at least partially embedded within the side wall portion of the first component wall (see embedded members 25 in the side wall portion of component 4).
Re-claim 7, the first component wall is formed from a first polymeric material (the component is indicated by hash marks as a polymer and disclosed as being flexible, see page 3 paragraph 16, “spring piston 4 is elastically deformable”), the third end member component 15 includes a third component wall that is at least partially formed from a metallic material (see page 4 line 1). The component can also be made from a plastic, or polymer material.
Re-claim 8, the first end member component 4 includes a plurality of annular grooves facing radially outward (see figures and interaction with clamp ring 6) in axially-spaced relation to the plurality of first annular ribs, the plurality of annular grooves engage an associated end of the associated flexible spring member 9 (see figure 1) and are positioned axially coextensively with the side wall portion of the third component wall of the third end member component 15.
Re-claims 11 and 12, the claims recite a process by which the apparatus is formed, and as such are interpreted as a product-by-process claims. The process by which the apparatus is formed or made may not be relied upon for defining patentability, unless a disclosed unanticipated result is found, see MPEP 2113.
Re-claim 15, the first and second end member components at least partially define an end member chamber 11 within the end member assembly.
Re-claim 16, Deppe et al. further disclose a gas spring assembly comprising: a flexible spring member 9 that defines a spring chamber 5; an end member 3 is secured across a first end of the spring member 9, the end member assembly is secured across a second end of the spring member 9 to form a fluid tight connection.
Re-claim 17, the flexible spring member 9 at least partially defines a rolling-lobe dimensioned for displacement along an outer surface portion of the second component wall of the second end member 8 as the gas spring assembly undergoes extension and compression during use, see figure 1.
Claim(s) 1-3, 11, 12, 15-17 and 22-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2014 115 392 A1 to Dehlwes et al.
Re-claim 1, Dehlwes et al. disclose an end member assembly 14 having a longitudinal axis, the end member engages a flexible spring member 12, the end member assembly extending axially from a first end toward a second end, the end member assembly comprising: a first end member component (such as 28) including a first component wall that extends peripherally about the longitudinal axis; and, a second end member component (such as component 42, see figure 11) including a second component wall formed as a unitary mass extending endlessly around the first end member component such that the second end member component is permanently attached to the first end member component.
Re-claim 2, the first component wall includes a side wall portion extending axially about the longitudinal axis, the side wall portion includes an inner surface portion and a plurality of first annular ribs 30 extending radially outward, the plurality of first annular ribs are disposed in axially spaced relation to one another along the side wall portion of the first component wall 28. This arrangement is further shown in figure 7 having the annular ribs.
Re-claim 3, the second component wall 42 includes an outer surface portion with a plurality of second annular ribs disposed in axially spaced relation to one another, each of the plurality of second annular ribs axially are disposed between adjacent ones of the plurality of first annular ribs such that the plurality of first annular ribs and the plurality of second annular ribs are axially interleaved with one another, see figure 11. The second component 42 is a protective layer that can be applied to the end member shown in figure 7.
Re-claims 11 and 12, the claims recite a process by which the apparatus is formed, and as such are interpreted as a product-by-process claims. The process by which the apparatus is formed or made may not be relied upon for defining patentability, unless a disclosed unanticipated result is found, see MPEP 2113. It is noted that Dehlwes et al. disclose the components being molded, in particular injection molding (see paragraph 15 of the translation).
Re-claim 15, the first and second end member components at least partially define an end member chamber 20 within the end member assembly.
Re-claim 16, Dehlwes et al. further disclose a gas spring assembly comprising: a flexible spring member 12 that defines a spring chamber (volume encapsulated by 12, figure 2); an end member 16 is secured across a first end of the spring member 12, the end member assembly 14 is secured across a second end of the spring member 12 to form a fluid tight connection.
Re-claim 17, the flexible spring member 12 at least partially defines a rolling-lobe dimensioned for displacement along an outer surface portion of the second component wall of the second end member 42 as the gas spring assembly undergoes extension and compression during use, see figure 2.
Re-claim 22, Dehlwes et al. disclose a method of manufacturing an end member assembly 14, the method comprising: injecting a first quantity of polymeric material into a first mold cavity at least partially defined by first and second first mold sections thereby molding a first end member component 28 having a longitudinal axis; and, injecting a second quantity of polymeric material into a second mold cavity at least partially defined by the first end member component and a third mold section with the first end member component supported on at least one of the first and second mold sections thereby molding a second end member component 42 around the first end member component.
Re-claim 23, wherein molding the first end member component includes molding a first component wall that includes an end wall portion and a side wall portion extending axially from along the end wall portion, the side wall portion including an inner surface portion and a plurality of first annular ribs 30 extending radially outward, the plurality of first annular ribs are disposed in axially spaced relation to one another along the side wall portion of the first component wall (see figures 7 and 11).
Re-claim 24, wherein molding the second end member component 42 includes molding a second component wall that includes an outer surface portion with a plurality of second annular ribs (see figure 11) disposed in axially spaced relation to one another with each of the plurality of second annular ribs axially disposed between adjacent ones of the plurality of first annular ribs 32 such that the plurality of first annular ribs and the plurality of second annular ribs are axially interleaved with one another, as shown in figure 11. This arrangement is applicable to the end member assembly shown in figure 7, as component 42 is disclosed as a protective coating.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deppe et al. in view of Dehlwes et al.
Deppe et al. teach the second component wall that includes an outer surface portion. However, Deppe et al. fail to suggest a plurality of second annular ribs disposed in axially spaced relation to one another, each of the plurality of second annular ribs being axially disposed between adjacent ones of the plurality of first annular ribs such that the plurality of first annular ribs and the plurality of second annular ribs are axially interleaved with one another.
Dehlwes et al. teach an end member assembly having a first component wall 28 and a second component wall 42 having interleaving annular ribs. This arrangement provides a protective outer surface, whereas the interleaving annular ribs provide an enhanced connection. As such, as per the teachings of Dehlwes et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the second component wall of Deppe et al. with a plurality of second annular ribs disposed in an axially spaced relation to one another and interleaved with adjacent ribs as taught by Dehlwes et al., thus providing a positive locking connection between the first and second component wall elements.
Claim(s) 7, 8 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leonard in view of US 2015/0202938 A1 to Manga et al.
Re-claim 7, Leonard fail to teach the first component wall is at least partially formed from a first polymeric material and the third end member component includes a third component wall that is at least partially formed from a metallic material and/or a second polymeric material that is different from said first polymeric material.
Manga et al. teach an air spring piston component made from a polymeric material (see paragraph 14), and other embedded components made from a metal (such as ring 32 and cap 30). The polymeric material reduces costs and weight, whereas the embedded components increase strength. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the first component wall of Leonard from a polymeric material as suggested by Manga et al., thereby minimizing weight of the end member assembly.
Furthermore, as per the teachings of Manga et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a metal material for the third component of Leonard, as this would have provided an increased rigidity.
Re-claim 8, Leonard fail to teach the first end member component includes a plurality of annular grooves facing radially outward in axially-spaced relation to the plurality of first annular ribs, the plurality of annular grooves are dimensioned to engage an associated end of the associated flexible spring member and positioned axially coextensively with the side wall portion of the third component wall of the third end member component.
Manga et al. teach a plurality of grooves as part of a first end member in connection with a flexible spring member. The grooves improve a connection between the spring member and the end member, as known in the art, through an increased frictional connection. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided at the connection between the flexible spring member 200 and first end member 800 of Leonard a plurality of grooves as taught by Manga et al., thus improving the connection between the spring member and the end member.
Re-claim 13, Leonard teaches the first component wall having an inner side wall portion disposed radially inward of the side wall portion such and the presence of an annular gap 820. However, Leonard fails to teach the inner side wall portion including a plurality of longitudinal ribs projecting radially inward in a direction of the annular gap.
Manga et al. teach a plurality of longitudinal ribs (i.e. crush fins 34) along an inner side wall portion (see figure 2). This provides lateral stability between the end member and a damper assembly, as well as an impact absorbing function. Therefore, as per the teachings of Manga et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided at the inner side wall portion of Leonard with longitudinally extending ribs projection inwardly as suggested by Manga et al., thus providing both lateral support and impact support.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pryor, Gubitz, Schallmeier, Pniewski, Kojima, Orlamuender, Akiyama and Bounds each teach an end member assembly having a plurality of components.
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
January 28, 2026
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616