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 06/06/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of claims 1, 2 and 4 in the reply filed on 08/26/2026 is acknowledged.
Claims 3 and 5-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 08/26/2026.
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.
Claim 4 is 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.
Claim 4 recites the limitation "the other ranges" in line 5 of the claim. There is insufficient antecedent basis for this limitation in the 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 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamashita (US 11,199,241 B2).
Regarding claim 1, Yamashita discloses a damping force generation mechanism (41 in fig. 2) comprising:
a biasing force generation member (56, 127, 128) that causes a first damping force generation member (145) having a bottomed tubular shape and disposed on a side of an opening to generate a biasing force in a valve closing direction;
a regulation member (18) that is provided on a side of a bottom portion of the biasing force generation member and includes passages formed to establish communication between a one-side chamber and an other-side chamber;
a frequency sensitive mechanism (41, 52, 95, 96, 121) that is provided between the regulation member (18) and the first damping force generation member (145), is provided with a movable portion (95, 96) in a movable manner, and makes the biasing force variable; and
a seat forming member (60) that is provided at the biasing force generation member (56, 127, 128) on the side of the opening and includes a seat formed therein for the first damping force generation member (145) to be seated.
Re-claim 2, Yamashita discloses wherein the regulation member (18) is a piston that is movably inserted into a cylinder (3, 4) and is fixed on a side of one end of a shaft member (21) provided along a center axis of the cylinder, includes a recessed portion (140) that has a smaller dimension in an axial direction in a predetermined range on an inner side in a radial direction than in the other ranges, and at least partially accommodates the frequency sensitive mechanism in the recessed portion.
Re-claim 4, Yamashita discloses a support portion that supports one side of the movable portion,
wherein the biasing force generation member (56, 127, 128) includes an accommodating portion that accommodates the movable portion (95, 96), and
the movable portion (95, 96) includes
a first portion (96) that is elastically deformable, and
a second portion (95) with a plate shape that comes into contact with a surface of the first portion on the other side and has at least an outer section, which is a part on an outer side in a radial direction, allowed to be displaced in an axial direction.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT SICONOLFI can be reached at 5712727124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHBUBUR RASHID/ Examiner, Art Unit 3616
/Robert A. Siconolfi/ Supervisory Patent Examiner, Art Unit 3616
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