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 § 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 21-32 are rejected under 35 U.S.C. 102a1 as being anticipated by Kimishima et al. (US-20200088261).
Regarding claim 21, Kimishima et al. discloses a damper assembly (at least fig 1), comprising: a cylinder (1) defining a chamber (50/60); a body (3) supported by the cylinder and having a first surface (fig 51, upper surface of 3) and a second surface opposite the first surface (fig 1, lower surface of 3 at or near 3), the body defining a passage (3a/b/c) in fluid communication with the chamber, the passage (3a/b/c) extending from the first surface to the second surface (fig 1); a disc (at least 41) at the second surface of the body (fig 2), the disc being moveable away from the second surface to a first position and toward the second surface to a second position (at least [0040] and [0050-0057] wherein the outer peripheral portion of 41 elastically deforms/separates from the first seat 3f as pressure increases), the disc (41) in the second position covering the passage (3a/b/c) at the second surface to restrict flow through the passage at the second surface ([0056] wherein 41 remains seated against first and second seats a lower pressure and [0047] wherein 41 abuts 3f surrounding the first communication passage 3a and closes/restricts the passage); and a notch (3h, fig 3) in the second surface (fig 2, 3h at underside of 3), providing a bleed flow path ([0047], wherein hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h ) from the passage (3a) to the chamber (50/60), the notch (3h) extending between the body (3) and the disc (41) in the second position (figs 2-3 and [0047], wherein the notch 3h is formed in the piston seat surface and the leaf valve 41 is seated against that surface and hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h).
Regarding claim 22, Kimishima et al. discloses wherein the body (3) has an axis (fig 2, O) and the passage (3a) has a radially outer edge spaced from the axis (fig 2), and the notch (3h) extends radially outward from the radially outer edge of the passage (fig 2 and 3, radially outward from 3a).
Regarding claim 23, Kimishima et al. discloses wherein the body (3) includes a rib (3f) surrounding the passage (3a) about an axis of the passage (fig 6), and the notch (3h) extends through the rib (fig 3).
Regarding claim 24, Kimishima et al. discloses wherein the body (3) includes a rib (3f) surrounding the passage (3a) about an axis of the passage (fig 2-3), and the notch (3h) extends through the rib (fig 3).
Regarding claim 25, Kimishima et al. discloses wherein the disc (41) abuts the rib (3f) in the second position (figs 2-3 and [0047], wherein the notch 3h is formed in the piston seat surface and the leaf valve 41 is seated against that surface and hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h).
Regarding claim 26, Kimishima et al. discloses wherein the disc (41) abuts the second surface (bottom side of 3) in the second position (figs 2-3 and [0047], wherein the notch 3h is formed in the piston seat surface and the leaf valve 41 is seated against that surface and hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h).
Regarding claim 27, Kimishima et al. discloses a damper assembly (at least figs 1-3), comprising: a cylinder (1) defining a chamber (50/60); a body (piston 3) supported by the cylinder and dividing the chamber into a first sub-chamber (50) and a second sub-chamber (60), the body having a first surface (upper side of 3) in the first sub-chamber (50) and a second surface (lower side of 3) in the second sub-chamber (fig 1, 60), the body defining a passage (3a/b/c) extending through the first surface and the second surface (fig 1); a disc (41) in the second sub-chamber (fig 2), the disc being moveable away from the second surface to a first position and toward the second surface (seat 3f) to a second position (at least [0040] and [0050-0057] wherein the outer peripheral portion of 41 elastically deforms/separates from the first seat 3f as pressure increases), the disc (41) in the second restricting flow through the passage (3a) at the second surface ([0056] wherein 41 remains seated against first and second seats a lower pressure and [0047] wherein 41 abuts 3f surrounding the first communication passage 3a and closes/restricts the passage); and a notch (3h, fig 3) in the second surface (fig 2, 3h at underside of 3), providing a bleed flow path ([0047], wherein hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h) from the passage (3a) to the second sub-chamber (60) the notch (3h) extending between the body (3) and the disc (41) in the second position (figs 2-3 and [0047], wherein the notch 3h is formed in the piston seat surface and the leaf valve 41 is seated against that surface and hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h).
Regarding claim 28, Kimishima et al. discloses wherein the body (3) has an axis (fig 2, O) and the passage (3a) has a radially outer edge spaced from the axis (fig 2), and the notch (3h) extends radially outward from the radially outer edge of the passage (fig 2 and 3, radially outward from 3a).
Regarding claim 29, Kimishima et al. discloses wherein the body (3) includes a rib (3f) surrounding the passage (3a) about an axis of the passage (fig 6), and the notch (3h) extends through the rib (fig 3).
Regarding claim 30, Kimishima et al. discloses wherein the body (3) includes a rib (3f) surrounding the passage (3a) about an axis of the passage (fig 2-3), and the notch (3h) extends through the rib (fig 3).
Regarding claim 31, Kimishima et al. discloses wherein the disc (41) abuts the rib (3f) in the second position (figs 2-3 and [0047], wherein the notch 3h is formed in the piston seat surface and the leaf valve 41 is seated against that surface and hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h).
Regarding claim 32, Kimishima et al. discloses wherein the disc (41) abuts the second surface (bottom side of 3) in the second position (figs 2-3 and [0047], wherein the notch 3h is formed in the piston seat surface and the leaf valve 41 is seated against that surface and hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h).
Allowable Subject Matter
Claims 33-40 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior art of record , Kimishima et al. discloses a cylinder (1) defining a chamber (50/60); a piston (3) slidable within the chamber and having a first surface and a second surface opposite the first surface (fig 1), the piston defining a passage (3a/b/c) extending from the first surface to the second surface; a check disc (41)at the second surface of the piston(fig 1). As to claim 1, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the check disc movable from an unflexed position spaced from the second surface to a flexed position; and a notch in the second surface, providing a bleed flow path from the passage to the chamber, the notch extending between the piston and the check disc in the flexed position. The check disc of Kimishima et al. in an unflexed position is seated against seats 3f and 3g and as pressure increases creates a gap between the piston the valve disc. The notch 3h is formed in the piston seat surface and the leaf valve 41 is seated against that surface and hydraulic oil flows from the extension-side chamber 50 to the contraction-side chamber 60 via the notch 3h. When the disc 41 is in a flexed position, fluid flows through the gap between the piston and the disc valve and notch 3h no longer acts as a bleed valve.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claims 21-32 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. Applicant’s arguments with respect to claims 33-39 have been fully considered and are persuasive. The rejection of claims 33-39 has been withdrawn.
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 JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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/JAMES K HSIAO/Examiner, Art Unit 3616
