DETAILED ACTION
This is a first Non-Final Office Action on the merits in response to the application filed 02/21/24. The request for foreign priority to a corresponding CN application filed 05/19/23 has been received and is proper. The Response to the Restriction filed 06/18/26 has been entered. Claims 1-3, 5-7, 9, 12, 15-23, 25-29, 31-33, 35-38, and 40-47 are currently pending. Claims 1-3, 5-7, 9, 12, 15-23 and 25 have been elected. All elected claims are rejected as 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 .
Election/Restrictions
Claims 26-29, 31-33, 35-38, and 40-47 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/18/26.
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.
Petrina
Claim(s) 1-3, 5-6, 12, 15-23 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petrina (U.S. Patent Pub. No. 2002/0158392). Petrina is directed to a multi-helical composite spring. See Abstract.
Claim 1: Petrina discloses a composite spring [Figs. 1, 2] for a vehicle suspension [see para. 0002], the composite spring comprising: a tube made from a fiber-reinforced composite material [see para. 0006, 0008-10] and having a longitudinal axis, the tube including: a first axial end (112) having a closed shape that completely surrounds the longitudinal axis [see para. 0042, 0044 (“full circle”)]; a second axial end (114) axially opposite the first axial end relative to the longitudinal axis; and one or more openings formed through a wall (at 110, 130, 140, 150) of the tube and disposed axially between the first axial end and the second axial end [see Figs. 1, 2 (spaces between 110, 130, 140 and 150)], a portion of the wall adjacent the one or more openings defining a resilient member of the spring [see para. 0032]. See Figs. 1, 2.
Claim 2: Petrina discloses that the resilient member is a coil. See Figs. 1, 2; para. 0032.
Claim 3: Petrina discloses that the one or more openings define a cellular structure and the resilient member is part of the cellular structure. See Figs. 1, 2.
Claim 5: Petrina discloses that the tube has a circular radially-inner profile when viewed along the longitudinal axis. See para. 0042, 0044 (“full circle”).
Claim 6: Petrina discloses that the tube has a circular radially-outer profile when viewed along the longitudinal axis. See para. 0042, 0044 (“full circle”).
Claim 12: Petrina discloses that the closed shape is a first closed shape; and the second axial end has a second closed shape that completely surrounds the longitudinal axis. See para. 0042, 0044 (“full circle”).
Claim 15: Petrina discloses that the wall of the tube includes a plurality of stacked layers of fibers wrapped around the longitudinal axis; and the layers are stitched together. See para. 0006.
Claim 16: Petrina discloses that the resilient member is a coil; the coil has first helix angle; and the layers are stitched together along a stitch line having a second helix angle substantially equal to the first helix angle. See para. 0030.
Claim 17: Petrina discloses that the fibers are arranged in a weave in at least one of the layers. See para. 0006 (fibers are “interwoven”).
Claim 18: Petrina discloses that the wall of the tube includes a pleated sheet of fibers wrapped around the longitudinal axis. See para. 0006, 0008-10, 0013, 0015.
Claim 19: Petrina discloses that one or more pleats of the pleated sheet are oriented at least partially radially relative to the longitudinal axis. See para. 0006, 0008-10, 0013, 0015.
Claim 20: Petrina discloses that the pleated sheet of fibers is a first pleated sheet of fibers; and the wall of the tube includes a second pleated sheet of fibers overlaying and meshing with the first pleated sheet of fibers. See para. 0006, 0008-10, 0013, 0015.
Claim 21: Petrina discloses that the wall of the tube includes an outer non-pleated sheet of fibers disposed radially outward of the pleated sheet of fibers and wrapped around the longitudinal axis. See para. 0006, 0008-10, 0013, 0015.
Claim 22: Petrina discloses that the wall of the tube includes an inner non-pleated sheet of fibers disposed radially inward of the pleated sheet of fibers and wrapped around the longitudinal axis. See para. 0006, 0008-10, 0013, 0015.
Claim 23: Petrina discloses that the wall of the tube includes a plurality of stiches extending through the pleated sheet of fibers. See para. 0032 (“interweaving”).
Claim 25: Petrina discloses a vehicle including the composite spring defined in claim 1. See para. 0002.
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.
Petrina in view of Sato
Claim(s) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrina in view of Sato (U.S. Patent No. 5,062,619). Sato is directed to a non-linear spring. See Abstract.
Claims 7 and 9: Petrina is relied upon as in claim 1 above but discloses that the tube has a radially-inner and radially-outer circular, rather than “non-circular,” profile. Sato discloses a composite spring [Fig. 8] with an axial end having a closed shape surrounding the longitudinal axis, a wall (3) defining a resilient member with openings (2) disposed between the axial ends, wherein the tube has a non-circular radially-outer profile when viewed along the longitudinal axis, wherein the tube has a non-circular radially-inner profile when viewed along the longitudinal axis. See Fig. 8 (square-shaped inside and outside); see also col. 6, lines 1-9 (triangular or hexagonal). 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 non-circular profile because it is merely a design choice, based on the particular use of the composite spring. In addition, it would be obvious to try, since only two possibilities exist here – circular and non-circular.
Conclusion
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 July 16, 2026