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 .
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.
Claims 17 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox et al (US# 2019/0203798) in view of Freitag et al (US# 4166612).
Cox et al disclose a gas spring capable of industrial use comprising: a hydraulic cylinder having an inner cylindrical surface defining at least in part a first hydraulic chamber 220 constructed to receive hydraulic fluid therein; a piston rod 215 having a first end received in the first hydraulic chamber 220, a second end axially outboard of the first hydraulic chamber 220, and the piston rod being movable between extended and retracted positions relative to the hydraulic cylinder; a collar (250, or 210 and 250) received in the first hydraulic chamber 220, having first and second axially spaced apart ends and carried by the piston rod 215 for movement therewith; a seal 251 engaging the collar, the collar (250, 210/250) and the seal 251 defining at least in part a second hydraulic chamber (chamber at #275, Fig. 4B) during movements of the piston rod 215, wherein the seal 215 is a radial seal provided radially between the collar (250, 210/250) and the inner cylindrical surface of the hydraulic cylinder to provide sealing engagement therebetween; an accumulator cylinder 416 having an inner cylindrical surface; and a piston 414 having first and second sides, slidably received in the accumulator cylinder, on the first side defining at least in part with the inner cylindrical surface of the accumulator cylinder, a hydraulic fluid accumulation chamber 412 which communicates with the first hydraulic chamber 220 of the hydraulic cylinder, and on the second side defining at least in part with the inner cylindrical surface of the accumulator cylinder a gas chamber 418.
Cox et al disclose a seal 251 fixed to the collar which engages the inner cylindrical surface during a portion of movement of the piston rod to its extended position and only a portion of movement of the piston rod from its extended position toward its retracted position, as opposed to the claimed arrangement where the seal engages the collar during a portion of movement of the piston rod to its extended position and only a portion of movement of the piston rod from its extended position toward its retracted position. More simply put, the seal of Cox et al is on the collar, whereas the seal of the invention is on the cylinder. Freitag et al disclose a similar spring device and further teach an embodiment having a seal 37 on a collar 35 (figure 6) which engages an inner cylindrical surface for only a portion of the travel similar to the arrangement of Cox et al, as well as an alternative arrangement where the seal 7/14/22 is fixed to the inner cylindrical surface and engages the collar 6/6’/6” for only a portion of the travel (figures 1-5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the seal of Cox et al on the inner cylindrical surface instead of the collar, as taught by Freitag et al, as an obvious alternative structure which operates in substantially the same manner and provides the predictable results of providing a sealing between the two parts at full compression.
Regarding claim 22, the device comprises a housing having a housing bore 275 through which the piston rod is slidably received (figure 3b), and wherein the radial seal 251 is provided radially between the collar 250 and the inner cylindrical surface of the hydraulic cylinder via a groove of the housing bore. Note Freitag et al teach a groove in a housing bore. Figures 4-5.
Regarding claim 23, as modified, the radial seal is configured to remain stationary relative to the inner cylindrical surface of the hydraulic cylinder while the piston rod moves from its extended position toward its retracted position.
Claim 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox et al (US# 2019/0203798) and Freitag et al (US# 4166612), as applied above, in further view of Nygren et al (US# 2011/0017558).
Cox et al, as modified, further disclose a passageway in the collar 210/250 communicating with the first and second ends of the collar: a check valve 475 in the passageway and configured to close to at least prevent flow of hydraulic fluid through the passageway from the second hydraulic chamber during at least part of such portion of movement of the piston rod and also configured to open to permit flow of hydraulic fluid into the second hydraulic chamber during at least part of such movement of the piston rod [0069]; and a restricted orifice [0070] carried by the collar and through which hydraulic fluid flows from the second hydraulic chamber during at least part of such movement of the piston rod to decrease the velocity of at least part of such movement of the piston rod. Cox et al lack the check valve preventing flow from the second hydraulic chamber during movement of the piston rod to its extended position and also configured to open to permit flow of hydraulic fluid into the second hydraulic chamber during at least part of such movement of the piston rod from its extended position toward its retracted position. Cox et al instead discloses a compression end stop which allows flow of hydraulic fluid into the second hydraulic chamber during movement of the piston rod from its retracted position toward its extended position. Nygren et al disclose a similar damping device and further teach limit damping arrangements 5/6 at both rebound and compression sides of the damper. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the limit damping arrangement of Cox et al at both ends of the damper, as taught by Nygren et al, to provide end stroke damping for both compression and rebound strokes, thereby reducing impacts and discomfort from the suspension. As modified, the rebound side damping arrangement reads on the claim.
Claim 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox et al (US# 2019/0203798) and Freitag et al (US# 4166612), as applied above, in further view of Turner et al (US# 2005/0178626).
Cox et al, as modified, disclose all the limitations of the instant claim with exception to the specific disclosure of a seal carried by the piston and providing a seal between the gas chamber and the hydraulic fluid accumulation chamber. Turner et al discloses a similar gas spring and further teaches a seal 114 carried by a piston 106 and providing a seal between a gas chamber 120 and a hydraulic fluid accumulation chamber 23. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a seal such as taught by Turner et al for the piston 414 of Cox et al to ensure the gas and hydraulic spaces remain separated, thereby ensuring proper operation.
Allowable Subject Matter
Claims 1-16 and 20-21 are allowed.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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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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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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