Prosecution Insights
Last updated: October 26, 2026
Application No. 18/645,913

VIBRATION DAMPER WITH AN ADJUSTABLE DAMPING VALVE DEVICE

Non-Final OA §102
Filed
Apr 25, 2024
Priority
Apr 27, 2023 — DE 10 2023 203 913.3
Examiner
WILLIAMS, THOMAS J
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
ZF Friedrichshafen AG
OA Round
2 (Non-Final)
79%
Grant Probability
Favorable
2-3
OA Rounds
1m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
1122 granted / 1426 resolved
+26.7% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
53 currently pending
Career history
1488
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
41.9%
+1.9% vs TC avg
§102
32.0%
-8.0% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1426 resolved cases

Office Action

§102
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 were received on August 6, 2026. These drawings are accepted. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 7 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11,333,118 to Lacorre et al. Re-claim 1, Lacorre et al. disclose a vibration damper having an adjustable damping valve device comprising: a fixed return member 38 that comprises a conductive portion (upper large portion of 38) and an insulating portion (narrow section); a valve armature 20 is axially movable within the fixed return member; an actuator 12 has a magnetic coil 18 for applying a magnetic actuation force to the valve armature; the fixed return member cooperates with a pole disk 39 that conducts a magnetic flux of the magnetic coil and on which an axial transfer of the magnetic flux for actuating movement of the valve armature takes place (see column 7 lines 62-65), the insulating portion of the fixed return member is adjoined in a direction of the pole disk by a second conductive portion (lower large portion of 38) and the valve armature axially overlaps the second conductive portion (see figure 1) depending on a stroke, the conductive portion and the insulating portion of the fixed return member are configured in a seamless manner, the insulating portion is formed by a cross sectional reduction of the fixed return member, the cross sectional reduction is formed by a groove. Re-claim 2, the second conductive portion of the fixed return member has a magnetic conductivity that increases in the direction of the pole disk. The magnetic material of 39 increases the magnetic conductivity. Re-claim 3, the second conductive portion of the fixed return member forms a magnetic flux path parallel with the pole disk to a housing portion that conducts the magnetic flux (see column 7 lines 62-65). Re-claim 7, the groove is formed on an outer circumference of the fixed return member. Re-claim 8, a transition region between the insulating portion and the second conductive portion of the fixed return member has in a direction of the second conductive portion a cross sectional increase. See sloping surfaces of the insulating portion that leads to the second conductive portion. Claim(s) 1-3, 7 and 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2023/0349486 A1 to Homes et al. Re-claim 1, Holmes et al. disclose a vibration damper having an adjustable damping valve device comprising: a fixed return member 18 that comprises a conductive portion 50 and an insulating portion 66; a valve armature 20 is axially movable within the fixed return member; an actuator 10 has a magnetic coil 16 for applying a magnetic actuation force to the valve armature; the fixed return member cooperates with a pole disk 60 that conducts a magnetic flux of the magnetic coil and on which an axial transfer of the magnetic flux for actuating movement of the valve armature takes place (see paragraph 42 lines 17-20), the insulating portion of the fixed return member is adjoined in a direction of the pole disk by a second conductive portion 52 and the valve armature axially overlaps the second conductive portion (see figures 2 and 3) depending on a stroke, the conductive portion and the insulating portion of the fixed return member are configured in a seamless manner, the insulating portion is formed by a cross sectional reduction of the fixed return member, the cross sectional reduction is formed by a groove. Re-claim 2, the second conductive portion 52 of the fixed return member has a magnetic conductivity that increases in the direction of the pole disk. The magnetic flux action of 60 increases the magnetic conductivity. Re-claim 3, the second conductive portion 52 of the fixed return member forms a magnetic flux path parallel with the pole disk to a housing portion that conducts the magnetic flux. Re-claim 7, the groove is formed on an outer circumference of the fixed return member. Re-claim 8, a transition region between the insulating portion and the second conductive portion of the fixed return member has in a direction of the second conductive portion a cross sectional increase. See sloping surfaces of the insulating portion that leads to the second conductive portion. Allowable Subject Matter Claims 9 and 10 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. Response to Arguments Applicant’s arguments, see page 9, filed August 6, 2026, with respect to the rejection(s) of claim(s) 1-8 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Holmes et al. and Lacorre et al. Each reference discloses a seamless formation between the conductive portion and the insulating portion. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schudt teaches a valve having a fixed member with a conductive portion and insulating portion with a seamless formation. 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 /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 September 24, 2026
Read full office action

Prosecution Timeline

Apr 25, 2024
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §102
Aug 06, 2026
Response Filed
Oct 01, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
79%
Grant Probability
93%
With Interview (+14.2%)
2y 7m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1426 resolved cases by this examiner. Grant probability derived from career allowance rate.

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