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 .
Election/Restrictions
Applicants’ election without traverse of Species A (figs. 1 and 2) and Sub-Species 1(fig. 4A) in the reply filed on 07 July 2026 is acknowledged.
Claims 3, 10, 12, 13, and 16 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Applicants appear to have incorrectly indicated several claims as “withdrawn” in the response filed 07 July 2026. For clarification, the examiner notes that claims 8, 9, 11, and 19 are not withdrawn.
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.
Claims 1, 2, 4-7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ericksen et al. (US 2025/0075769).
In Re claim 1, Ericksen et al. disclose a hydraulic bump stop, comprising: a bump stop body (200) comprising a chamber (interior of 202); and a shaft (205) telescopically engaged with the bump stop body; a piston (266) slidably disposed with the bump stop body and coupled to a first end of the shaft, the piston comprising an orifice (see end of 210, and adjacent structure) for fluidly connecting the chamber to an interior of the shaft (see 235); and a flow controlling element (201, 301) coupled to the bump stop opposing the orifice and able to enter the orifice during operation, the flow controlling element having a varying width (see tapered end) such that a gap between the orifice and the flow control element varies according to a compression of the shaft, wherein a size of the gap impacts fluid flow through the orifice during operation.
In Re claim 2, see tapered end of the flow controlling element (201, 301).
In Re claims 4 and 6, see unlabeled shim stack in at least fig. 3.
In Re claims 5 and 7, see flow controlling element (201, 301) in at least figs. 2C and 3.
In Re claim 11, see bushing (valve 220 and retainer 215). The examiner notes that the intended use is not given patentable weight.
Allowable Subject Matter
Claims 14, 15, and 17-20 are allowed.
Claims 8 and 9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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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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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616
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