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 .
Drawings
Figure 7 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 6 and 7 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.
Claim 6 line 4, it is unclear if the recitation “a piston side end surface of the lower collar” is intended to reference the previously recited piston side end of the lower collar (cl.1 line 14), or another piston side end. In addition, if the piston side end surface of the lower collar is a different element than the piston side end of the lower collar, then the applicant should indicate this as such, since the disclosure does not appear to indicate this as such. Reference number 6d is used to indicate the piston side end surface of the lower collar, and there is no other indicator for just a “piston end surface of the lower collar”, as recited in claim 1. It is believed that these elements are the same.
Claim 7 line 4, it is unclear if the recitation “a piston side end surface of the lower collar” is intended to reference the previously recited piston side end of the lower collar (cl.1 line 14), or another piston side end.
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.
Claim(s) 1, 4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2014-114871 A to Tsukahara et al.
Re-claim 1, Tsukahara et al. disclose a shock absorber comprising: a cylinder 1; a piston 20 slides within the cylinder; a piston rod 2 is movably inserted into the cylinder and has one end connected to the piston; a rebound spring 5 includes a coil spring 50 disposed on an outer periphery of the piston rod and an annular lower collar 51 attached to a piston side end of the coil spring and fitted to the outer periphery of the piston rod (see at least figure 9); an annular support 4 is attached to the outer periphery of the piston rod, the support 4 faces the lower collar 51 in an axial direction, and supports a piston side end of the lower collar, the support includes a cylindrical portion (the axially extending portion) attached to the outer periphery of the piston rod, and a receiving portion (radially extending portion) that is annular, an inner periphery is connected to an anti-piston side end of the cylindrical portion (this is the junction between the cylindrical portion and the receiving portion, as consistent with the instant invention), the support faces a piston side end of the lower collar in the axial direction, and is capable of abutting on the lower collar, a regulating portion (such as S5, in particular fulcrum S6) regulates eccentricity of the lower collar 51 with respect to the receiving portion. The fulcrum allows for movement (or swinging) of the collar relative to the receiving portion, and thus allows for varying or regulating the eccentricity of the recited elements relative to each other.
Re-claim 4, the regulating portion regulates the eccentricity by causing the receiving portion and an inner peripheral side of the lower collar 51 to abut on each other (see figure 9).
Re-claim 9, the lower collar 51 has, on an inner periphery, three or more protrusions S6 abutting on the outer periphery of the piston rod 2 (see paragraph 61 of the translation).
Claim(s) 1-3, 5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2004-84776 A to Kitamura et al.
Re-claim 1, Kitamura et al. disclose a shock absorber comprising: a cylinder 13; a piston 12 slides within the cylinder; a piston rod 10 is movably inserted into the cylinder and has one end connected to the piston; a rebound spring K1 includes a coil spring 21 disposed on an outer periphery of the piston rod and an annular lower collar 20 is attached to a piston side end of the coil spring and fitted to the outer periphery of the piston rod (see at least figure 4); an annular support 11 is attached to the outer periphery of the piston rod, the support 11 faces the lower collar 20 in an axial direction, and supports a piston side end of the lower collar, the support includes a cylindrical portion (the axially extending portion) attached to the outer periphery of the piston rod, and a receiving portion (radially extending portion) that is annular, an inner periphery is connected to an anti-piston side end of the cylindrical portion (this is the junction between the cylindrical portion and the receiving portion, as consistent with the instant invention), the support faces a piston side end of the lower collar in the axial direction, and is capable of abutting on the lower collar, a regulating portion regulates eccentricity of the lower collar 51 with respect to the receiving portion. As shown in figure 4, the junction between the cylindrical portion and the receiving portion is formed at an angle greater than 90 degrees. In addition, a space is formed between the lower collar and the receiving portion. This is consistent with the instant invention, and its description of a regulating portion.
Re-claim 2, the regulating portion is formed by inclining an outer periphery of the receiving portion toward an anti-piston side, see figure 4.
Re-claim 3, the regulating portion regulates the eccentricity by causing the receiving portion to abut on only an outer peripheral side of the lower collar. An outer peripheral side of the lower collar 20 is interpreted as the first angled portion on the bottom surface. As shown in figure 4, this portion contacts the receiving portion, leaving a gap between the receiving portion and the remaining bottom portion of the lower collar 20.
Re-claim 5, the regulating portion is formed by setting an angle formed by the receiving portion and the cylindrical portion in a cross section of the support to be larger than 90 degrees. Straight lines drawn along the receiving portion and the cylindrical portion produce an angle greater than 90 degrees.
Re-claim 7, the regulating portion is formed by setting an angle formed by the receiving portion and the cylindrical portion in a cross section of the support to be larger than 90 degrees and making a piston side end surface of the lower collar an inclined surface (the outer incline) that gradually moves away from the piston toward an outer peripheral side toward the piston side end, and an inclination angle of the inclined surface of the lower collar is larger than an angle obtained by subtracting 90 degrees from the angle in the cross section of the support. The outer inclined surface is substantially 45 degrees, as shown. This appears to be greater than the difference of the angle of the cross section when subtracting 90 degrees.
Claim(s) 1, 2 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,695,766 to Yamashita et al.
Re-claim 1, Yamashita et al. disclose a shock absorber comprising: a cylinder 10; a piston 11 slides within the cylinder; a piston rod 16 is movably inserted into the cylinder and has one end connected to the piston; a rebound spring 32 includes a coil spring 26 disposed on an outer periphery of the piston rod and an annular lower collar 24 is attached to a piston side end of the coil spring and fitted to the outer periphery of the piston rod (see at least figure 2); an annular support 23 is attached to the outer periphery of the piston rod, the support 23 faces the lower collar 24 in an axial direction, and supports a piston side end of the lower collar, the support includes a cylindrical portion (the axially extending portion and 22) attached to the outer periphery of the piston rod, and a receiving portion (radially extending portion) that is annular, an inner periphery is connected to an anti-piston side end of the cylindrical portion (this is the junction between the cylindrical portion and the receiving portion, as consistent with the instant invention), the support faces a piston side end of the lower collar in the axial direction, and is capable of abutting on the lower collar, a regulating portion regulates eccentricity of the lower collar with respect to the receiving portion. As consistent with instant figure 6b, the regulating portion is an upward formation portion of the lower collar.
Re-claim 2, the regulating portion is formed by inclining an outer periphery of the receiving portion toward an anti-piston side. An outer periphery portion of the receiving portion is inclined, see figure 2.
Re-claim 8, the regulating portion is formed in a shape obtained by folding back an outer peripheral portion (the radial extent of 23 has an upward formation) of the receiving portion in a cross section of the support, in which an angle formed by the outer peripheral portion and the cylindrical portion is set to 180 degrees or more, and the outer peripheral portion faces an outer periphery of the lower collar (as outer peripheral portion of the lower collar faces an upward portion of the support). The upward formation is 180 degrees from the cylindrical portion, in that this portion extends in the opposition direction of the cylindrical portion.
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.
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitamura et al. in view of Tsukahara et al.
Kitamura et al. fail to teach the lower collar having three or more protrusions on an inner periphery abutting the outer periphery of the piston rod.
Tsukahara et al. teach a lower collar having at least three protrusions S6 on an inner periphery that abut an outer periphery of a piston rod. This would allow for easier movement between the lower collar and the piston rod, as the protrusions present a smaller surface area, and thus reduce noise associated with frictional movement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lower collar of Kitamura et al. with a plurality of protrusions at the inner periphery as taught by Tsukahara et al., thus allowing for easier relative movement therebetween and thus potentially reducing noises associated with any movement.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita et al. in view of Tsukahara et al.
Yamashita et al. fail to teach the lower collar having three or more protrusions on an inner periphery abutting the outer periphery of the piston rod.
Tsukahara et al. teach a lower collar having at least three protrusions S6 on an inner periphery that abut an outer periphery of a piston rod. This would allow for easier movement between the lower collar and the piston rod, as the protrusions present a smaller surface area, and thus reduce noise associated with frictional movement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lower collar of Yamashita et al. with a plurality of protrusions at the inner periphery as taught by Tsukahara et al., thus allowing for easier relative movement therebetween and thus potentially reducing noises associated with any movement.
Allowable Subject Matter
Claim 6 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vanspauwen, Fritz, Kitamura and Takasaki each teach a shock absorber with a rebound spring and supporting features thereof.
Any inquiries concerning this communication or earlier communications from the
examiner should be directed to Thomas Williams whose telephone number is 571-272-7128.
The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 571-272-6584.
TJW /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 July 16, 2026
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