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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract is objected to for containing implied phrases such as “The present disclosure provides”. 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 1-21 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.
Regarding Claim 5 and 15 the limitations “an upper rebound chamber” and “a lower compression chamber” are recited. As the base Claims, Claim 1 and Claim 13 respectively, recite the limitations “a rebound chamber” and “a compression chamber”, it is unclear if these “upper rebound” and “lower compression” chambers are intended to be separate structures or further limiting the previously recited structures. For purposes of examination the limitations will be interpreted as referring to the same structure as the base claim, such that limitations may read “wherein the rebound chamber is an upper rebound chamber” and “wherein the compression chamber is a lower compression chamber”.
Regarding Claims 1 and 13, the limitation “an outside of the cylinder” is recited twice. It is unclear if these are supposed to be two separate “outside of the cylinder” or refer to the same structure. For purposes of examination these will be interpreted as referring to the same structure such that the second “an outside of the cylinder” recited reads “the outside of the cylinder”.
Dependent claims not specifically mentioned are rejected due to dependency on a rejected base claim for failing to cure the deficiencies of the base claim.
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 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmitt et. al. (US 20220316546 A1).
Regarding Claim 1, Schmitt discloses an electronically controlled shock absorber (1) having dual solenoid valves, the electronically controlled shock absorber comprising: a cylinder formed with an inner (3) and outer (41) dual structure, an inner space of which is divided into a compression chamber (13) and a rebound chamber (15), and an outer space of which a reservoir chamber (47) is formed; a compression solenoid valve (25) mounted on an outside of the cylinder; and a rebound solenoid valve (29) mounted on an outside of the cylinder, wherein the compression solenoid valve (25) and the rebound solenoid valve (29) are disposed at predetermined intervals in a circumferential direction around an axis of the cylinder (see Fig. 1).
Regarding Claim 2, Schmitt discloses the compression solenoid valve (25) and the rebound solenoid valve (29) are located at the same height in an axial direction of the cylinder (see Fig. 1).
Regarding Claim 13, Schmitt discloses an electronically controlled shock absorber (1) having dual solenoid valves, comprising: a cylinder formed with an inner (3) and outer (41) dual structure, an inner space of which is divided into a compression chamber (13) and a rebound chamber (15), and an outer space of which a reservoir chamber (47) is formed; a compression solenoid valve (25) mounted on an outside of the cylinder; and a rebound solenoid valve (29) mounted on an outside of the cylinder, wherein the compression solenoid valve (25) and the rebound solenoid valve (29) are located at the same height in an axial direction of the cylinder (see Fig. 1).
Regarding Claim 14, Schmitt discloses the compression solenoid valve (25) is directly connected to the cylinder; and the rebound solenoid valve (29) is connected to the cylinder through a rebound pipe (57) (see Fig. 2).
Claim Rejections - 35 USC § 103
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.
Claim 3-4 is rejected under 35 U.S.C. 103 as being unpatentable over Schmitt (US 20220316546 A1) as applied to Claim 2, above, in view of Ogawa (JP 2018071769 A).
Regarding Claim 3, Schmitt discloses the electronically controlled shock absorber of Claim 2.
Schmitt does not explicitly disclose wherein the compression solenoid valve and the rebound valve are disposed side by side with each other.
Ogawa teaches a valve block for hydraulic dampers with two solenoid valves (73, 75) disposed side by side with each other (see Fig. 1, Fig. 2).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of Ogawa with the electronically controlled shock absorber of Schmitt in order to make the valve system more compact, easier to assemble, and reduce production costs (see JP 2018071769 A [Ogawa]; [0006], [0010]).
Regarding Claim 4, Schmitt modified by Ogawa teaches wherein: the compression solenoid valve (25) is directly connected to the cylinder; and the rebound solenoid valve (29) is connected to the cylinder through a rebound pipe (57) (see US 20220316546 A1 [Schmitt]; Fig. 2).
Claims 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schmitt (US 20220316546 A1) as modified by Ogawa (JP 2018071769 A) in Claim 3, above, further in view of Kim (US 20210283974 A1).
Regarding Claim 5, Schmitt modified by Ogawa teaches the electronically controlled shock absorber of Claim 4, wherein the cylinder comprises an outermost base shell (41) and an innermost inner tube (3); an upper rebound chamber (13) and a lower compression chamber (15) are formed inside the inner tube (3); and between the inner tube (3) and the base shell (41) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2).
Schmitt modified by Ogawa does not explicitly teach a rebound separation tube is formed at an upper portion and a compression separation tube is formed at a lower portion; the compression solenoid valve is connected to the compression separation tube in the cylinder; and the rebound solenoid valve is connected to the rebound separation tube in the cylinder through the rebound pipe.
Kim teaches a rebound separation tube (22) is formed at an upper portion and a compression separation tube (23) is formed at a lower portion; the compression solenoid valve (130) is connected to the compression separation tube (23) in the cylinder; and the rebound solenoid valve (120) is connected to the rebound separation tube (22) in the cylinder (see Fig. 1, Fig. 2)
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of Kim with the electronically controlled shock absorber of Schmitt modified by Ogawa in order to improve the reduction in compression forces when two solenoid valves are applied in a simplified manner (see US 20210283974 A1 [Kim]; [0008-0014]). It should be noted that while Kim does not explicitly disclose a rebound pipe connecting the rebound separation tube, one of ordinary skill in the art would recognize the combination of Schmitt modified by Ogawa and Kim would teach a rebound pipe (57) connecting the rebound solenoid valve (29) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2) and the rebound separation tube (22) (see US 20210283974 A1 [Kim]; Fig. 2), thus teaching all the limitations of Claim 5.
Regarding Claim 6, Schmitt modified by Ogawa and Kim teaches wherein one end of the rebound pipe (57) is connected to one end of a rebound valve housing (55) of the rebound solenoid valve (29) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2).
Regarding Claim 7, Schmitt modified by Ogawa and Kim teaches wherein the rebound pipe (57) is connected to a rebound port (55) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2) at the other end facing the rebound separation tube (22) (see US 20210283974 A1 [Kim]; Fig. 1).
Regarding Claim 8, Schmitt modified by Ogawa and Kim teaches wherein the rebound port (55) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2) is connected to the rebound separation tube (22) (see US 20210283974 A1 [Kim]; Fig. 1).
Regarding Claim 9, Schmitt modified by Ogawa and Kim teaches wherein the rebound pipe (57) and the rebound port (55) are coupled by a coupler (69) surrounding an outer periphery of an area where the rebound pipe (57) and the rebound port (55) come into contact with each other (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2)
Regarding Claim 10, Schmitt modified by Ogawa and Kim teaches wherein the compression solenoid valve (25) and the rebound solenoid valve (29) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2) are fixed by a solenoid block (see JP 2018071769 A [Ogawa]; Fig. 2, Fig. 3).
Regarding Claim 11, Schmitt modified by Ogawa and Kim teaches wherein the rebound pipe (57) is connected to the rebound valve housing (55) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2) through the solenoid block (see JP 2018071769 A [Ogawa]; Fig. 1, Fig. 3).
Regarding Claim 12, Schmitt modified by Ogawa and Kim teaches wherein the outer periphery of the coupler (69) and the rebound pipe (57) is surrounded by a cover (X) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2, Annotated Fig. 2 below).
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Annotated Fig. 2
Claims 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Schmitt (US 20220316546 A1) as applied to Claim 14, above, in view of Kim (US 20210283974 A1).
Regarding Claim 15, Schmitt discloses the electronically controlled shock absorber of Claim 14, wherein the cylinder comprises an outermost base shell (41) and an innermost inner tube (3); an upper rebound chamber (13) and a lower compression chamber (15) are formed inside the inner tube (3); and between the inner tube (3) and the base shell (41) (see Fig. 1, Fig. 2).
Schmitt does not explicitly disclose a rebound separation tube is formed at an upper portion and a compression separation tube is formed at a lower portion; the compression solenoid valve is connected to the compression separation tube in the cylinder; and the rebound solenoid valve is connected to the rebound separation tube in the cylinder through the rebound pipe.
Kim teaches a rebound separation tube (22) is formed at an upper portion and a compression separation tube (23) is formed at a lower portion; the compression solenoid valve (130) is connected to the compression separation tube (23) in the cylinder; and the rebound solenoid valve (120) is connected to the rebound separation tube (22) in the cylinder (see Fig. 1, Fig. 2)
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of Kim with the electronically controlled shock absorber of Schmitt in order to improve the reduction in compression forces when two solenoid valves are applied in a simplified manner (see US 20210283974 A1 [Kim]; [0008-0014]). It should be noted that while Kim does not explicitly disclose a rebound pipe connecting the rebound separation tube, one of ordinary skill in the art would recognize the combination of Schmitt modified by Kim would teach a rebound pipe (57) connecting the rebound solenoid valve (29) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2) and the rebound separation tube (22) (see US 20210283974 A1 [Kim]; Fig. 2), thus teaching all the limitations of Claim 15.
Regarding Claim 16, Schmitt modified by Kim teaches wherein, during a compression stroke, fluid within the compression chamber (18) flows into the compression separation tube (23) (see US 20210283974 A1 [Kim]; Fig. 1, [0072-0073])
Regarding Claim 17, Schmitt modified by Kim teaches wherein the fluid flowing into the compression separation tube (23) flows into the compression solenoid valve (130) through a compression port (131) and then is discharged and moves to the reservoir chamber (24) (see US 20210283974 A1 [Kim]; Fig. 1, [0072-0073]).
Regarding Claim 18, Schmitt modified by Kim teaches wherein, during a rebound stroke, fluid in the rebound chamber (17) flows into the rebound separation tube (22) (see US 20210283974 A1 [Kim]; Fig. 1, [0072-0073]).
Regarding Claim 19, Schmitt modified by Kim teaches wherein the fluid flowing into the rebound separation tube (22) flows into the rebound solenoid valve (120) (see US 20210283974 A1 [Kim]; Fig. 1, [0072-0073]) through the rebound pipe (57) passing a rebound port (55) (see US 20220316546 A1 [Schmitt]; Fig. 1, Fig. 2).
Regarding Claim 20, Schmitt modified by Kim teaches wherein the fluid flowing into the rebound solenoid valve (120) is discharged from the rebound solenoid valve (120) and flows into the compression solenoid valve (130) through a communication hole (113a) inside a connection portion (110) connecting the compression solenoid valve (130) and the rebound solenoid valve (120) (see US 20210283974 A1 [Kim]; Fig. 1, [0076]).
Regarding Claim 21, Schmitt modified by Kim teaches wherein the fluid flowing into the compression solenoid valve (130) is discharged and moves to the compression chamber (18) (see US 20210283974 A1 [Kim]; Fig. 1, [0082]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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/S.W.I./Examiner, Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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