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 § 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) 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kruckemeyer et al. (US – 6,318,526 B1).
As per claim 12, Kruckemeyer discloses Compliant Rod Guide And Seal Assembly (A compliant rod guide and seal assembly for use in a damper, Abstract) comprising:
a cylinder housing (30, fig: 1-3) including an opening;
a piston (24, Fig: 1) located within the cylinder housing (Fig: 1);
a piston rod (22, Fig: 1) that is attached to the piston (Fig: 1) and that extends through the cylinder housing at the opening between a fully-contracted position that achieves a first pressure state within the cylinder housing and a fully-extended position that achieves a second pressure state within the cylinder housing, the second pressure state having a pressure value that is greater than the pressure value of the first pressure state (Fig: 1); and
a sealing assembly (60, 70, 76, Fig: 1-3) that is located between the opening and the piston (Fig: 1), the sealing assembly including a bushing (70, fig: 2-3) having a lateral surface and a seal (76, Fig: 1-3) that is positioned between the piston rod and the bushing (Fig: 1-3), the seal having a lateral sealing lip (78, Fig: 2-3),
wherein when the cylinder housing is in its first pressure state, the lateral sealing lip is in a relaxed configuration not in contact with the lateral surface of the bushing, and wherein when the cylinder housing is in its second pressure state, the lateral sealing lip is in a pressurized configuration in which it is pressed into contact with the lateral surface of the bushing (Function of seal 76, Col: 3, Ln: 66-67, Col: 4, Ln: 1-8, and Ln: 47-59, Fig: 1-3).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 1, 3-4 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kruckemeyer et al. (US – 6,318,526 B1) and further in view of Friend et al. (US – 6,113,108).
As per claim 1, Kruckemeyer discloses Compliant Rod Guide And Seal Assembly comprising:
a housing (60, Fig: 1-3);
a bushing (70, Fig: 1-3) that is located within the housing (Fig: 1-3), the bushing having a lateral surface (Attached figure and Fig: 1-3);
a seal (76, Fig: 1-3) located within the bushing (Fig: 1-3), the seal having a medial sealing lip (78, Fig: 1-3), a lateral sealing lip (Attached figure and Fig: 1-3).
Kruckemeyer discloses all the structural elements of the claimed invention but fails to explicitly disclose a space located between the medial sealing lip and the lateral sealing lip, and
wherein the lateral sealing lip is flexible to move between a first configuration in which it is not in contact with the lateral surface and a second configuration in which it contacts the lateral surface.
Friend discloses Buffer Seal comprising:
a space located between the medial sealing lip and the lateral sealing lip (Attached figure and Fig: 1-2), and
wherein the lateral sealing lip is flexible to move between a first configuration in which it is not in contact with the lateral surface (Attached figure and Fig: 1-2) and a second configuration in which it contacts the lateral surface (Attached figure and Fig: 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Compliant Rod Guide And Seal Assembly of the Kruckemeyer to arrange the sealing assembly in which a space located between the medial sealing lip and the lateral sealing lip, and wherein the lateral sealing lip is flexible to move between a first configuration in which it is not in contact with the lateral surface and a second configuration in which it contacts the lateral surface as taught by Friend in order to adapted to absorb high pressure.
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As per claim 3, Kruckemeyer discloses a plate (80, Fig: 1-3) that is placed within the housing and defines a bottom surface of the sealing assembly, the seal being located between the plate and the bushing (Fig: 1-3).
As per claim 4, Friend further discloses wherein the lateral sealing lip includes a lower lateral surface (Attached figure and Fig: 2) and a lateral bottom surface (Attached figure and Fig: 2), the lower lateral surface contacting the lateral surface of the bushing and the lateral bottom surface contacting the plate in the second configuration (Attached figure and Fig: 2).
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As per claim 6, Kruckemeyer discloses wherein the medial sealing lip, the lateral sealing lip, and the space together form an approximate "U" or "V" shape in cross-section (Attached figure and Fig: 1-3).
As per claim 7, Friend further disclose wherein the medial sealing lip is able to move independently of the lateral sealing lip when the lateral sealing lip moves between the first configuration and the second configuration (Attached figurer and Fig: 1-2).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kruckemeyer et al. (US – 6,318,526 B1) as modified by Friend et al. (US – 6,113,108) as applied to claim 1 above, and further in view of Sintorn (US – 2021/0140504 A1).
As per claim 8, Kruckemeyer as modified by Friend discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the sealing assembly further includes a second seal that is located above the seal, the second seal having a second medial sealing lip, a second lateral sealing lip, and a second space located between the second medial sealing lip and the second lateral sealing lip.
Sintorn discloses Shock Absorber comprising:
wherein the sealing assembly further includes a second seal (12, Fig: 5a-7) that is located above the seal (11, Fig: 5a-7), the second seal having a second medial sealing lip (19, Fig: 6-7), a second lateral sealing lip (18, Fig: 6-7), and a second space located between the second medial sealing lip and the second lateral sealing lip (Fig: 6-7).
Claim(s) 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kruckemeyer et al. (US – 6,318,526 B1) as applied to claim 12 above, and further in view of Friend et al. (US – 6,113,108).
As per claim 13, Kruckemeyer discloses all the structural elements of the claimed invention but fails to explicitly disclose the lateral sealing lip further comprising a lower lateral surface, wherein the lower lateral surface contacts the lateral surface of the bushing when the lateral sealing lip is in its pressurized configuration.
Friend discloses Buffer Seal comprising:
the lateral sealing lip (Attached figure and Fig: 2-3) further comprising a lower lateral surface (Attached figure and Fig: 2-3), wherein the lower lateral surface contacts the lateral surface of the bushing when the lateral sealing lip is in its pressurized configuration (Attached figure and Fig: 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Compliant Rod Guide And Seal Assembly of the Kruckemeyer to arrange the sealing assembly in which a lower lateral surface, wherein the lower lateral surface contacts the lateral surface of the bushing when the lateral sealing lip is in its pressurized configuration as taught by Friend in order to adapted to absorb high pressure.
As per claim 18, Friend further discloses wherein the seal further includes a top surface and the bushing further comprises a ledge surface (Attached figure and Fig: 2-3), wherein the top surface is not in contact with the ledge surface when the cylinder housing is in its first pressure state (Attached figure and Fig: 2), and wherein the top surface is in contact with the ledge surface when the cylinder housing is in its second pressure state (Attached figure and Fig: 3).
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kruckemeyer et al. (US – 6,318,526 B1) as applied to claim 12 above, and further in view of Sintorn (US – 2021/0140504 A1).
As per claim 19, Kruckemeyer discloses all the structural elements of the claimed invention but fails to explicitly disclose wherein the sealing assembly further includes a seal housing and a second seal that is located above the bushing, the second seal having a second lateral sealing lip, the second lateral sealing lip flexibly moving toward the seal housing to form a second cavity between the second seal and the seal housing when the cylinder housing is in its first pressure state.
Sintorn discloses Shock Absorber comprising:
wherein the sealing assembly further includes a seal housing (5, Fig: 1-3) and a second seal (12, Fig: 6-7) that is located above the bushing, the second seal having a second lateral sealing lip (18, Fig: 6-7), the second lateral sealing lip flexibly moving toward the seal housing to form a second cavity between the second seal and the seal housing when the cylinder housing is in its first pressure state (Fig: 6-7).
As per claim 20, Sintorn further discloses wherein the sealing assembly further includes a third seal but fails to explicitly disclose third seal is positioned between the first seal and the second seal.
It would have been obvious to one having ordinary skill in the art before the effective filing date to arrange the third seal in which disclose third seal is positioned between the first seal and the second seal, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP – 2144.04, VI. C.
Allowable Subject Matter
Claims 2, 5, 9-11, and 14-17 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.
Prior art and teaching references fail to disclose wherein when the lateral sealing lip is in its second configuration, a cavity is formed between a lateral side of the seal and the bushing (Claim 2), wherein the second lateral sealing lip is flexible to move between a first configuration in which it is not in contact with the second lateral surface and a second configuration in which it is in contact with the second lateral surface (Claim 9), a lateral surface, the seal forming a cavity between the lateral surface thereof and the lateral surface of the bushing when the lateral sealing lip is in its pressurized configuration (Claim 14).
Claim 5 depends on claim 2, claims 10-11 depend on claim 9, and claims 15-17 depend on claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A: Ponnusamy et al. (US – 2023/0366466 A1),
B: MORI et al. (US – 2021/0148432 A1),
C: Goransson et al. (US – 2019/0331188 A1),
D: Lun (US – 2010/0116607 A1),
E: Moravy (US – 2009/0057081 A1), and
F: Ackermann et al. (US – 0083324 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 PM.
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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.
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/SAN M AUNG/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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