DETAILED ACTION
The Amendment filed 09/14/26 has been entered. Claims 16-23, 25-26 and 28 are currently pending. With claims 24, 27 and 29-30 being cancelled. Despite the claim amendments, the previous rejections are maintained as detailed below. New Drawing Objections and 112 rejections are also detailed below. 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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the damping chamber of the reservoir being “directly connected” to both the front and back chambers of the two dampers must be shown or the feature(s) canceled from the claim(s). See claim 1 (element “l”). Figures 2 and 3 show the reservoir 120 being directly connected only to the front chambers of each damper via 130a, 130b. 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16-23, 25-26 and 28 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
All claims are rejected because claim 16 now recites that the damping chamber of the reservoir is “directly connected” to both the front and back chambers of the two dampers. While Figures 2 and 3 shows a direct fluid connection from the reservoir to the front chambers of the dampers, there is no “direct” connection to the back chambers. Applicant points to paragraph [0034] of the Detailed Description for support of this new limitation, but there is no mention of a “direct” connection to the back chamber. Hence, this constitutes new matter.
Appropriate correction is required.
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 16-23, 25-26 and 28 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.
All pending claims are rejected because claim 16 recites “…is directly connected to the front chamber and directly connected to the back chamber of the first fluid damper and of the second fluid damper…” making it unclear if the “front chamber” being referred to here is also of the first and second fluid damper. Applicant needs to be explicit here to avoid ambiguity.
Appropriate corrections is required.
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.
Sakai
Claim(s) 16, 18-23, 25-26 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakai (U.S. Patent No. 7,131,654). Sakai is directed to a vehicle suspension system. See Abstract.
Claim 16: Sakai discloses a damping system [Fig. 5] comprising: a first fluid damper (86) and a second fluid damper (88) each having a damping volume (94) containing a damping fluid, and one single fluid reservoir (134) comprising a reservoir piston (156, 158, 162) partitioning an inner volume of the one single fluid reservoir into a damping chamber (150 and/or 152) containing the damping fluid and a recoil chamber (160) containing a recoil fluid, and a fluid conduit (132) connecting the damping volumes of the first fluid damper and of the second fluid damper to the damping chamber of the one single fluid reservoir in a fluid-conducting manner, wherein the reservoir piston is movable in a compression [see Fig. 5 (156/158 to the right)] direction increasing a volume of the damping chamber and decreasing a volume of the recoil chamber, wherein the reservoir piston is movable in a dilatation direction [see Fig. 5 (156/158 to the left)] decreasing the volume of the damping chamber and increasing the volume of the recoil chamber, wherein the reservoir piston comprises a damping chamber surface [see Fig. 5 (side of 156 facing 150)] facing the damping chamber and a recoil chamber surface [see Fig. 5 (side of 158 facing 160)] facing the recoil chamber, wherein a surface area of the damping chamber surface is smaller than a surface area of the recoil chamber surface. See Fig. 5.
Sakai further discloses that the first fluid damper and the second fluid damper each comprise a damper piston (96), wherein the damper piston partitions the damping volume of the respective fluid damper into a back chamber (92) and a front chamber (94), wherein the damper piston is movable in an insertion direction increasing a volume of the back chamber and decreasing a volume of the front chamber, wherein the damper piston is movable in an extraction direction decreasing the volume of the back chamber and increasing the volume of the front chamber, and wherein the damping chamber of the one single fluid reservoir is directly connected to the front chamber of the two dampers in a fluid conducting manner (via 124, 132), and connected to the back chamber of the two dampers in a fluid conducting manner (via 98, 100). See Fig. 5; see also col. 5, lines 26-47.
Claim 18: Sakai discloses the reservoir piston of the one single fluid reservoir comprises a reservoir piston rod (162) extending into the damping chamber of the one single fluid reservoir. See Fig. 5.
Claim 19: Sakai discloses that the damping chamber of the one single fluid reservoir has a smaller diameter than the recoil chamber of the one single fluid reservoir. See Fig. 5 (150 smaller than 160).
Claim 20: Sakai discloses that a lateral reservoir wall of the one single fluid reservoir delimiting the damping chamber and the recoil chamber of the one single fluid reservoir has the same wall thickness at the damping chamber and at the recoil chamber. See Fig. 5.
Claim 21: Sakai discloses that a lateral reservoir wall of the one single fluid reservoir delimiting the damping chamber and the recoil chamber of the one single fluid reservoir is made in one piece. See Fig. 5.
Claim 22: Sakai discloses that the one single fluid reservoir comprises an adjustment means (A, 114) for adjusting a volume of the recoil chamber. See Fig. 5.
Claim 23: Sakai discloses that a lateral reservoir wall of the one single fluid reservoir comprises a low friction surface layer to reduce friction between the lateral reservoir wall and the reservoir piston of the one single fluid reservoir. See Fig. 5 (note: inherent, since “low friction” is a relative term).
Claim 25: Sakai discloses that the first fluid damper and the second fluid damper each comprise at least one overflow channel connecting the back chamber to the front chamber in a fluid conducting manner.
Claim 26: Sakai discloses that the first fluid damper and the second fluid damper each comprise a first overflow channel allowing the damping fluid to flow only from the back chamber to the front chamber, and a second overflow channel allowing the damping fluid to flow only from the front chamber to the back chamber, wherein the first overflow channel has a different flow resistance for the damping fluid than the second overflow channel. See Fig. 5 (98, 100); see also col. 5, lines 26-47 (“…more than one aperture and flow between the two chambers can occur at differing flow rates…”).
Claim 28: Sakai discloses that the damping system includes at least one overflow valve for adjusting a flow of the damping fluid between the back chamber and the front chamber of the first fluid damper and the second fluid damper. See Fig. 5 (via 98, 100); see also col. 5, lines 26-47.
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.
Sakai in view of Tatsuya
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakai in view of Tatsuya (EP 0855296 A2) (attached). Tatsuya is directed to a suspension apparatus. See Abstract.
Claim 17: Sakai is relied upon as in claim 16 but does not disclose a “pump” to adjust pressure in the recoil chamber of the reservoir. Tatsuya discloses a damping system with two fluid dampers (11) that are fluidly connected to a reservoir (2) with a piston (26), wherein a pump (53) is connected in a fluid conducting matter to a chamber (h) of the reservoir for adjusting a pressure of the chamber. See Fig. 4. It would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to use a pump to adjust pressure in the recoil chamber of the reservoir because Sakai explicitly discusses that the reservoir recoil chamber (160) “can be charged to a desired pressure.” See col. 9, lines 49-51. This would allow user-adjustment of the damping system to achieve desired damping properties.
Response to Arguments
Applicant's arguments filed 09/14/26 have been fully considered but they are not persuasive.
Applicant has provided new limitations, largely from currently cancelled claims 24 and 27, but further adding that the reservoir is “directly connected” to both the front and back chambers of the two dampers. As discussed above, there is no support for this in the Detailed Description nor in the Drawings. In the Remarks at page 7, Applicant points to paragraph [0034] of the Detailed Description for support of this new limitation, but there is no mention of a “direct” connection to the back chamber. Figures 2 and 3 show the reservoir 120 being directly connected only to the front chambers of each damper via 130a, 130b. All of this was confirmed in an Interview on 09/25/26 with the Applicant’s attorney. Sakai does disclose a direct connection to the front chambers and an indirect connection to the back chambers via the piston valves. See Fig. 5. Figure 5 of Sakai discloses precisely the same arrangement as Figures 2 and 3 of the instant application, so it is unclear what distinction exists.
For the foregoing reason, all pending claims remain rejected as detailed above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL R SAHNI whose telephone number is (571)270-3838. The examiner can normally be reached M-F 7am-3pm PST.
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 September 25, 2026
