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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/29/2024 and 12/30/2021. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-13 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 4442556 B2.
Regarding claim 1, JP’556 discloses a hydraulic active suspension (note fig. 1), configured for a vehicle, comprising: a shock absorber (10FL, FR, RL and RR), a common channel (32FL, FR, RL, RR, 88), an accumulator module (36, 38, 40), and a liquid storage apparatus (74, 81, 82, 106, 98), the shock absorber having a housing (11), a piston (12), and a piston rod (14), the housing (11) being configured to be connected to a wheel or an axle (4 FL, FR, RL, RR and 6FL, FR, RL, RR), the piston (12) being located in the housing (11) and defining an upper chamber (18) and a lower chamber (16) of the shock absorber, one end of the piston rod (14) being connected to the piston (12), the other end of the piston rod projecting out of the housing (11) and being configured to be connected to a body (22), both the liquid storage apparatus and the accumulator module being in communication with the lower chamber through the common channel, the liquid storage apparatus being configured to adjust a height of the vehicle, and the accumulator module being configured to adjust at least one of stiffness and damping of the shock absorber (note the adjustment of the height of the suspension via pump 81, the pressure accumulation control valve 90 and valve 110 and the adjustment of the stiffness/hardness via variable throttle 40).
Re-claim 2, JP’556 discloses a first end (note the end connect to the piston rod 14) of the common channel (32FL, FR, RL, RR, 88) is in communication with the lower chamber (16), a second end of the common channel is in communication with the liquid storage apparatus (74, 81, 82, 106, 98), a module connection part (80) is arranged on the common channel, and the module connection part is located between the first end and the second end and is configured to be in communication with the accumulator module.
Re-claim 3, JP’556 discloses a first control valve (110) is arranged on the common channel, and the first control valve is arranged between the second end and the module connection part.
Re-claims 4-5, JP’556 discloses the module connection part comprises a first connection point (note the connection point between the valve 38FL, FR, RL, RR and the control valve 40FL, FR, RL, RR), the accumulator module comprises a first accumulator (36FL, FR, RL, RR) and a second control valve (40), the first accumulator is in communication with the first connection point, the second control valve (40) is arranged between the first connection point and the lower chamber (16), and the second control valve (40) is one of an adjustment valve, a cutoff valve, and a cutoff adjustment valve; and when the second control valve is the adjustment valve, the second control valve is configured to adjust opening to adjust the damping of the shock absorber; when the second control valve is the cutoff valve, the second control valve is configured to adjust the stiffness; or when the second control valve is the cutoff adjustment valve, the second control valve is configured to adjust the stiffness and the damping of the shock absorber.
Re-claims 6-9, JP’556 discloses the module connection part further comprises a second connection point (note the connection point 240), the accumulator module comprises a second accumulator (34FL, FR, RL, RR) and a third control valve (112, 114), the second accumulator is in communication with the second connection point, and the third control valve (112, 114) is arranged between the second accumulator (34FL, FR, RL, RR) and the second connection point and selectively communicates the second connection point with the second accumulator.
Re-claims 10-11, JP’556 discloses the module connection part comprises a first connection point (note the connection point between the valve 38FL, FR, RL, RR and the control valve 40FL, FR, RL, RR) and a second connection point (note the connection point 240), the accumulator module comprises a first accumulator (36FL, FR, RL, RR), a second accumulator (34FL, FR, RL, RR), a second control valve (40), and a third control valve (38FL, FR, RL, RR), the first accumulator (36FL, FR, RL, RR) is connected to the first connection point, the second accumulator (34FL, FR, RL, RR) is connected to the second connection point, the second control valve (40) is connected between the first connection point and the lower chamber (16), the third control valve (112, 114) is arranged between the second accumulator (34FL, FR, RL, RR) and the second connection point (240), the second control valve (40) is the adjustment valve to adjust the damping of the shock absorber, and the third control valve (112, 114) is the cutoff valve to adjust the stiffness of the shock absorber.
Re-claims 12-13, JP’556 discloses the first connection point (note the connection point between the valve 38FL, FR, RL, RR and the control valve 40FL, FR, RL, RR) is arranged on a side of the second connection point (note the connection point 240) away from the second end.
Re-claims 16-17, JP’556 discloses the shock absorber is a front-axle shock absorber (40FL, 40FR), a third connection point (note the connection point between the third accumulator 98 and the line 88) is arranged between the module connection part and the first end, the hydraulic active suspension further comprises a third accumulator (98), and the third accumulator is in communication with the third connection point.
Re-claims 18-19, JP’556 discloses the shock absorber is a rear-axle shock absorber (40RL, 40RR), the module connection part further comprises a third connection point (note the connection point between the third accumulator 98 and the line 88), the third connection point is located between the first connection point and the second connection point, the accumulator module comprises a third accumulator (98), and the third accumulator is in communication with the third connection point.
Re-claims 20, JP’556 discloses a vehicle, comprising the hydraulic active suspension (note the hydraulic suspension system in fig. 1) according to claim 1.
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.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over JP 4442556 B2.
Regarding claims 14-15, JP’556 discloses a fourth control valve (38FL, FR, RL, RR) but fails to disclose the fourth control valve is being arranged between the first connection point and the second connection point as recited in the claims. It would have been obvious to one having ordinary skill in the art at time before the effective filing date of the present application was made to position the fourth control valve between the first connection point and the second connection point, since it has been held that rearranging parts of an invention involves only routine skill in the art will provide desired operation time of the control valve to the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm EST.
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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