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
Applicant’s election without traverse of Species 2, claims 1-9, and 11-20 in the reply filed on December 22, 2025 is acknowledged.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 22, 2025.
Claim Objections
Claims 1 and 16 are objected to because of the following informalities: claims 1 and 16 do not positively recite the claimed by using the phrase “can be” in line 4 of claims 1 and 16. The examiner suggests applicant to replaced “can be” by –are--Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 11-20 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.
Recitation “without requiring a retaining plate” in claims 11 and 15 renders the claims indefinite for being unclear because it is not known whether “a retaining plate” is part of the claimed invention.
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.
Claims 1-3, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by King (U.S. 9,333,829).
Regarding claims 1-3, and 9, King discloses a travel spacer comprising: a first separable portion (17); a second separable portion (16), wherein said first separable portion (17) and said second separable portion (16) can be combined to form said travel spacer, said first separable portion (17) and said second separable portion (16) configured to be combined about a shaft (5) of a shock assembly (1) without requiring removal of said shaft (5) from said shock assembly (1); said first separable portion (17) having a first interlocking feature (31); and said second separable portion (16) having a second interlocking feature (30), said first interlocking feature (31) and said second interlocking feature (30) coupleable to retain said first separable portion (17) and said second separable portion (16) in a mated relationship; wherein said first interlocking feature (31) and said second interlocking feature (30) retain said first separable portion (31) and said second separable portion (30) in said mated relationship and prevent separation, in a radial direction, of said first separable portion (17) and said second separable portion (16); wherein said second separable portion (16) comprises less than one half of said travel spacer (see fig. 2).
Claims 11, 13, and 15, as best understood by the examiner, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turner (U.S. 2004/0020730).
Regarding claims 11 and 13, Turner discloses a travel spacer assembly comprising: a piston (102), said piston further comprising; a piston body (113); and a travel spacer receiving region (108) disposed proximate said piston body (113); and a travel spacer (104) disposed in said travel spacer receiving region (108), said travel spacer (104) retained in said travel spacer receiving region (108) of said travel spacer assembly; a fastener retaining hole (116) formed into a top surface of said piston body, said fastener retaining hole configured to receive a fastener (44) for retaining said travel spacer (104) within said travel spacer receiving region (108) of said travel spacer assembly.
Regarding claim 15, Turner discloses a suspension comprising; a damper body (10); a shaft (34) disposed within said damper body (10); a piston (102) coupled with said shaft (34), said piston further comprising; a piston body (113); and a travel spacer receiving region (108) disposed proximate said piston body (113); and a travel spacer (104) disposed in said travel spacer receiving region (108), said travel spacer (104) retained in said travel spacer receiving region (108) of said suspension.
Allowable Subject Matter
Claims 4-8 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.
Claims 12, 14 and 16-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 4, the closest prior art as to King (U.S. 9,333,829) discloses every element of the invention as discussed above except that a locating feature disposed on said first separable portion, said locating feature comprising: a top surface feature disposed on a top surface of said first separable portion; and a bottom surface feature disposed on a bottom surface of said first separable portion, said locating feature configured to align said first separable portion with an adjacent feature selected from the group consisting of: an overlying second travel spacer, an underlying second travel spacer, and an underlying piston.
Regarding claims 5-6, the closest prior art as to King (U.S. 9,333,829) discloses every element of the invention as discussed above except that a fastener opening formed through said first separable portion, said fastener opening extending completely through said first separable portion from a top surface of said first separable portion to a bottom surface of said first separable portion.
Regarding claims 7-8, the closest prior art as to King (U.S. 9,333,829) discloses every element of the invention as discussed above except that a venting aperture formed through said first separable portion, said venting aperture extending completely through said first separable portion from a top surface of said first separable portion to a bottom surface of said first separable portion.
Regarding claim 12, the closest prior art as to Turner (U.S. 2004/0020730) discloses every element of the invention as discussed above except that a recessed region formed into a top surface of said piston body, said recessed region configured to receive a locating feature of said travel spacer such that said travel spacer is aligned with respect to said piston.
Regarding claim 14, the closest prior art as to Turner (U.S. 2004/0020730) discloses every element of the invention as discussed above except that a recessed region formed into a top surface of said piston body, said recessed region configured to receive a locating feature of said travel spacer such that said travel spacer is aligned with respect to said fastener retaining hole.
Regarding claims 16-20, the closest prior art as to Turner (U.S. 2004/0020730) discloses every element of the invention as discussed above except that said travel spacer further comprising: a first separable portion; a second separable portion, wherein said first separable portion and said second separable portion can be combined to form said travel spacer, said first separable portion and said second separable portion configured to be combined about said shaft of said suspension without requiring removal of said shaft from said damper body.
Conclusion
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/TOAN C TO/Primary Examiner, Art Unit 3614 March 27, 2026