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 .
Response to Arguments
Applicant’s arguments, filed 12/15/2025, with respect to the rejection of claims 1 and 6 under Arnott have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Giuliani (US 2017/0106710), previously cited by Examiner as Giuliani (ES 2857623).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giuliani (US 2017/0106710).
Regarding claim 1, Giuliani discloses a spring assembly {1} for mounting between a chassis {51} and an unsprung mass {50} of a vehicle {“Referring to FIG. 1, the suspension 1 for a wheeled vehicle provided with at least one wheel 50 and a frame 51 (not shown here)” [0055]}, the spring assembly comprising a coil spring {5: “an elastic element 5, such as a coil spring, with elastic modulus k1” [0055]} and a hydropneumatic spring {2+7 (Figs. 1-2)} acting in series {“the suspension 1 comprises a hydro-pneumatic spring 7, with elastic modulus k2, functionally combined in series to the elastic element 5 and operating for at least part of the movement between the frame 51 and the wheel 50” [0056]}, wherein the hydropneumatic spring {2+7} is configured to be switchable between a compressible state {electro-valve 40 is in the “open” state, or any state in which commutation valve 73 is not blocking fluid flow to/from duct 72 (Fig. 3): “said hydro-pneumatic spring 7 comprises second means for adjusting said incompressible fluid… comprises, in its simplified form, a closed circuit comprising… at least one pair of electro-valves that open or close the circuit depending on the designer's demands either during the initial set-up arrangement of the vehicle, or dynamically if the set-up changes upon user's request. Therefore, this system allows to change the total stiffness of the hydro-pneumatic spring 7 as well as the ground clearance of the vehicle” [0068]} and an incompressible state {state in which electro-valve 40 is closed and commutation valve 73 is blocking fluid flow to/from duct 72 (Fig. 3): “according to the position of the stop-valve, (not shown herein but well known to the field technician) present in the commutation valve 73, the incompressible fluid will be allowed to flow only either through the duct 13 or through the further duct 72, or through both ducts 13 and 72” [0070]}, such that when the hydropneumatic spring {2+7} is in the compressible state {electro-valve 40 is in the “open” state, or any state in which commutation valve 73 is not blocking fluid flow to/from duct 72 (Fig. 3)}, the equivalent spring rate of the spring assembly is a function of the spring rate of the coil spring {5} and the hydropneumatic spring {2+7}, and when the hydropneumatic spring {2+7} is in the incompressible state {state in which electro-valve 40 is closed and commutation valve 73 is blocking fluid flow to/from duct 72 (Fig. 3)}, the equivalent spring rate of the spring assembly is a function of the spring rate of the coil spring {5}.
Regarding claim 2, Giuliani discloses the hydropneumatic spring {2+7 (Figs. 1-2)} comprises a hydraulic actuator {11+12 (Fig. 4): “the third chamber 10 is provided with a first portion 11 directly or indirectly coupled to the elastic spring 5, and a second part 12 sealingly constrained movable with respect to said first portion 11” [0063]} in fluid communication with a hydraulic accumulator {100 (8+9): “said first 8 and said second chambers 9 are formed inside a tank 100” [0064]; tank 100 accumulates fluid in second chamber 9: “the damper in series 2 comprises a second 9 and a third 10 chamber fluidically communicating with each other through a duct 13 and containing an incompressible fluid, for example oil” [0062]} comprising a compressible volume of gas {8: “said hydro-pneumatic spring 7 comprises a first chamber 8 containing a gas, particularly air” [0060]}.
Regarding claim 3, Giuliani discloses the hydraulic actuator {11+12 (Fig. 4)} comprises an actuator cylinder {11} and an actuator piston {12} configured to move within the actuator cylinder {11: “a second part 12 sealingly constrained movable with respect to said first portion 11” [0063]} in compression and rebound {Figs. 1-2}, wherein the actuator cylinder {11 (10)} is filled with a hydraulic fluid {“a second 9 and a third 10 chamber fluidically communicating with each other through a duct 13 and containing an incompressible fluid, for example oil” [0062]} and is in fluid communication with the hydraulic accumulator {100 (8+9)}.
Regarding claim 4, Giuliani discloses the actuator cylinder {11 (10)} is in selective fluid communication with the hydraulic accumulator {100 (8+9)} by virtue of a switching valve {40 (Fig. 3)}, wherein the switching valve {40} is switchable between an open and a closed state {“at least one pair of electro-valves that open or close the circuit” [0068]}, corresponding to the compressible {electro-valve 40 is in the “open” state, or any state in which commutation valve 73 is not blocking fluid flow to/from duct 72} and incompressible state {state in which electro-valve 40 is closed and commutation valve 73 is blocking fluid flow to/from duct 72 (Fig. 3)} of the second spring {2+7}.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Giuliani in view of Arnott (US 9,713,945), as cited by Applicant.
Regarding claim 5, Giuliani discloses all the aspects of claim 1, namely the coil spring {5} and hydropneumatic spring {2+7} acting in series.
However, Giuliani does not explicitly disclose a third spring configured to act in parallel to the first and second spring acting in series.
Arnott teaches a third spring {230} configured to act in parallel to a first coil spring {250}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the spring assembly, as disclosed by Giuliani, to include a third spring configured to act in parallel to the first and second spring acting in series, as taught by Arnott, in order to provide “the motor vehicle rider the flexibility of setting the height of the rear suspension based on the rider's weight, height, and preference, helping ensure both safety and comfort through enhanced control and stability” {Col. 3, lines 53-57}.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Arnott in view of Giuliani.
Regarding claim 6, Arnott discloses a suspension strut {10} for mounting between a chassis {upper portion of 10 by 20, 70, 90, 160 (Figs. 1-2): “each shock device 10 with assist coil 250, can include a fixed end ring attachment 20 which can pivotally attach to an upper fixed end attachment point 70 on an upper end of a vehicle frame 160 adjacent to each wheel/tire assembly 130 on a motor vehicle frame 90.” (Col. 7, lines 19-24)} and an unsprung mass of a vehicle {lower portion of 10 by 30, 80, 130, 140 (Figs. 1-2): “Each shock device 10 with assist coil 250 can have an opposite end with reciprocating end ring attachment 30 attached to a reciprocating end attachment point 80 on a pivoting lower suspension arm 140 attached between the wheel frame 140 and the wheel/tire assembly 130” (Col. 7, lines 25-29)}, the strut {10} comprising a hydraulic damper {220+222 (223, 224): “Damper assembly 220 with the reciprocating piston shaft 222, that can function as a hydraulic shock absorber, such as, but not limited to the hydraulic shock absorber shown and described in U.S. Pat. No. 2,856,035 to Rohacs, which is incorporated by reference” (Col. 7, lines 32-50)}, comprising a damper cylinder {224}, a damper piston {223} slidably retained within the damper cylinder {224} and a piston rod {222} for driving the piston {223} within the damper cylinder {224} in compression {Figs. 13A-13B (Col. 5, lines 8-13)} and rebound {Figs. 12A-12B (Col. 5, lines 3-7)}, the strut {10} further comprising a spring assembly {air spring 50 (230), and coil spring 250}, attached with respect to the damper cylinder {224} at a first end {lower end of air spring 50 and coil spring 250 (Figs. 12B, 13B)}, and to the piston rod {222} at a second end {upper end of air spring 50 and coil spring 250 (Figs. 12B, 13B)}, the spring assembly {50, 220+222, 230, and 250} comprising a coil spring {250} and a hydropneumatic spring {50+220+222+230 function using a combination of a hydraulic shock absorber (220+222) in combination with pneumatic elements (50 and 230); therefore, 50, 220, 222, and 230 form a hydropneumatic spring assembly: “Each air shock device 10 with assist coil 250 can include a top 255 with a compressed air inlet 60 with an air bag can 50 having a cylindrical shape. The air bag can 50 being threadably attached to the top 255 by external thread 260 and internal thread 270 (FIGS. 12A, 13A). An upper end of the damper piston shaft 222 can be held inside of top 255 by a set screw 310 that screws into side O-ring 229 in groove 255, with O-ring seals 300 sealing about the upper end of the shaft 222 while an enlarged end of 228 is about the piston shaft 222 abuts against an inner step 227 inside the top 225. A lower end of damper piston shaft 222 can include a damper piston 223 with a larger diameter than the shaft 222. Damper piston 223 allows for damper cylinder 224 which is part of damper assembly 220 to slide up and down relative to the damper piston 223. Damper assembly 220 with the reciprocating piston shaft 222, that can function as a hydraulic shock absorber, such as, but not limited to the hydraulic shock absorber shown and described in U.S. Pat. No. 2,856,035 to Rohacs, which is incorporated by reference” (Col. 7, lines 32-50); “a control panel 100 can be mounted within reach of a driver seat 105 inside of the motor vehicle 90, with a battery 110 powering an air compressor 120 mounted on the motorcycle 90. Air lines 2150 can be attached between the air compressor 120 and the air inlet 60 on each shock device 10, and allows air to be injected into the air inlet 60 into the interior chamber inside each air bag 230 inside of each air bag can 50 in the shock devices located adjacent to each wheel/tire assembly 130” (Col. 7, line 62 - Col. 8, line 4)}, wherein the hydropneumatic spring {50+220+222+230} is configured to be switchable between a compressible state {state where fluid can be added or removed to 230: “On the panel 100, switches 170, 200 can be push button switches which either add compressed air simultaneously to each air shock assembly 10 by depressing button 170, or remove air simultaneously from each air shock assembly 10 by pressing on button 200. Control button 170 adds compressed air to each air bag 250 in each shock device 10 and can lift the motor vehicle 90 relative to the road surface 320. Control button 200 when pressed can bleed compressed air from air bag 230 in shock device 10 which results in dropping the motor vehicle 90 to the road surface 320” (Col. 8, lines 5-16)} and an incompressible state {locked state where fluid cannot be added or removed to 230: “Set button 180 can lock the compressed air valve in each air shock 10 after the selected pressure in the air bag 230 is reached. Air gauge 190 displays air pressure in PSI inside the shock devices 10. The depressible buttons 170, 200 allow for instant inflation and deflation of the airbag (air bladder) 230 within the air shock assembly 10, and allow the driver to achieve desired operating conditions of the air shock assembly 10 in seconds. The air shock assembly 10 can operate similar to the combined air suspension device 1, shown and described in U.S. Pat. No. 8,113,322 to Arnott, which is incorporated by reference in its' entirety” (Col. 8, lines 17-30)}, such that when the hydropneumatic spring {50+220+222+230} is in the compressible state {open state where fluid can be added or removed to 230 (Col. 8, lines 5-16)}, the equivalent spring rate of the spring assembly {50, 220+222, 230, and 250} is a function of the spring rate of the coil spring {250} and the hydropneumatic spring {50+220+222+230}.
However, Arnott does not explicitly disclose the coil spring and hydropneumatic spring are acting in series, or when the hydropneumatic spring is in the incompressible state, the equivalent spring rate of the spring assembly is a function of the spring rate of the coil spring.
Giuliani teaches a spring assembly {1} comprising a coil spring {5: “an elastic element 5, such as a coil spring, with elastic modulus k1” [0055]} and a hydropneumatic spring {2+7 (Figs. 1-2)} acting in series {“the suspension 1 comprises a hydro-pneumatic spring 7, with elastic modulus k2, functionally combined in series to the elastic element 5 and operating for at least part of the movement between the frame 51 and the wheel 50” [0056]}, and when the hydropneumatic spring {2+7} is in the incompressible state {state in which electro-valve 40 is closed and commutation valve 73 is blocking fluid flow to/from duct 72 (Fig. 3)}, the equivalent spring rate of the spring assembly {1} is a function of the spring rate of the coil spring {5}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the suspension strut, as disclosed by Arnott, such that the coil spring and hydropneumatic spring are acting in series, and when the hydropneumatic spring is in the incompressible state, the equivalent spring rate of the spring assembly is a function of the spring rate of the coil spring, as taught by Giuliani, in order to provide a “hybrid system” that allows “active control of the suspension by way of one or more sensors, able to immediately control the suspension feature in order to dynamically obtain the change of air volume and/or pressure present inside said first chamber, or the volume of oil—or other similar liquid—present inside said at least one second and third chamber” [0045].
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614