Prosecution Insights
Last updated: August 06, 2026
Application No. 18/842,411

DAMPER DEVICE

Non-Final OA §102§103
Filed
Aug 29, 2024
Priority
Mar 10, 2022 — JP 2022-037556 +1 more
Examiner
RASHID, MAHBUBUR
Art Unit
Tech Center
Assignee
Piolax Inc.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
591 granted / 874 resolved
+7.6% vs TC avg
Strong +20% interview lift
Without
With
+20.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
28 currently pending
Career history
905
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 874 resolved cases

Office Action

§102 §103
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 08/29/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi (JP 2006189151 A). Regarding claim 1, Kobayashi discloses a damper device (1, figs. 16-20) configured to be attached between a pair of members (note the members attached to the damper 1 shown in figs. 6-9) that are configured to move toward or away from each other, and configured to apply a braking force (note the abstract) when the pair of members move toward or away from each other, the damper device comprising: a cylinder (2) having an opening portion at one end portion; a rod (3) movably inserted into the cylinder through the opening portion; a piston (4) connected to the rod and having an annular groove (30-32 in fig. 18) formed on an outer periphery thereof; and a seal ring (33, 33a) mounted in the annular groove (30-32 in fig. 18) and configured to come into pressure contact with an inner peripheral surface of the cylinder, wherein a bottom portion of the annular groove is provided with a deep bottom portion (30) disposed on a side of a damper braking direction, and a shallow bottom portion (31, 32) disposed on a side opposite to the damper braking direction and shallower than the deep bottom portion, wherein the seal ring (33, 33a) is provided with, on an outer peripheral surface (33a) thereof, a cylinder contact portion (33a) configured to come into contact with the inner peripheral surface of the cylinder (2), and is provided with, on an inner peripheral surface (note the bottom surface in contact with the shallow portion 32 and the other bottom surface in contact with the deep portion 30 in fig. 20) thereof, a shallow bottom portion contact portion (33) configured to come into contact with the shallow bottom portion (32), a center of the cylinder contact portion (33a) and a center of the shallow bottom portion contact portion (33) are offset in an axial direction, and wherein the inner peripheral surface of the seal ring (note the bottom surface in contact with the shallow portion 32 in fig. 20) does not come into contact with the deep bottom portion (30) when the piston (4) moves in the damper braking direction, and is configured to come into contact with the shallow bottom portion (32) when the piston (4) moves in a return direction (fig. 19) opposite to the damper braking direction. Re-claim 4, Kobayashi discloses the shallow bottom portion has a shallow portion (32) and a deep portion (31) in a peripheral direction of the annular groove, and wherein the seal ring (33) is constantly in contact with the shallow portion and the deep portion of the shallow bottom portion (note figs. 16-17). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Hecht (DE 29719193 U1) in view of Kobayashi (JP 2006189151 A). Regarding claim 1, DE ‘193 discloses a damper device (fig. 1) configured to be attached between a pair of members that are configured to move toward or away from each other, and configured to apply a braking force when the pair of members move toward or away from each other, the damper device comprising: a cylinder (1) having an opening portion at one end portion; a rod (2) movably inserted into the cylinder through the opening portion; a piston (3) connected to the rod and having an annular groove (6) formed on an outer periphery thereof; and a seal ring (5) mounted in the annular groove (6) and configured to come into pressure contact with an inner peripheral surface of the cylinder, wherein a bottom portion of the annular groove is provided with a deep bottom portion (note the center/mid portion of the groove 6) disposed on a side of a damper braking direction, and a shallow bottom portion (note the two opposite end portions adjacent to the center/mid portion of the groove 6) disposed on a side opposite to the damper braking direction and shallower than the deep bottom portion, wherein the seal ring (5) is provided with, on an outer peripheral surface thereof, a cylinder contact portion configured to come into contact with the inner peripheral surface of the cylinder (1). DE ‘193 fails to disclose the seal ring provided with, on an inner peripheral surface thereof, a shallow bottom portion contact portion configured to come into contact with the shallow bottom portion, a center of the cylinder contact portion and a center of the shallow bottom portion contact portion are offset in an axial direction, and wherein the inner peripheral surface of the seal ring does not come into contact with the deep bottom portion when the piston moves in the damper braking direction, and is configured to come into contact with the shallow bottom portion when the piston moves in a return direction opposite to the damper braking direction as recited in the claim. However, Kobayashi discloses a similar damper as set forth above including the seal ring provided with, on an inner peripheral surface thereof, a shallow bottom portion contact portion (33) configured to come into contact with the shallow bottom portion (32), a center of the cylinder contact portion (33a) and a center of the shallow bottom portion contact portion (33) are offset in an axial direction, and wherein the inner peripheral surface of the seal ring (note the bottom surface in contact with the shallow portion 32 in fig. 20) does not come into contact with the deep bottom portion (30) when the piston (4) moves in the damper braking direction, and is configured to come into contact with the shallow bottom portion (32) when the piston (4) moves in a return direction (fig. 19) opposite to the damper braking direction. It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention of the present application was made to modify the seal ring of DE ‘193 with the teaching of the seal ring of Kobayashi will provide the damper exhibits a sufficient braking force even with a large load. Re-claim 2, DE ‘193 discloses a portion inclined (note the inclined portion of the groove 6) at an angle larger than an angle of the deep bottom portion (note the center/mid portion of the groove 6) with respect to the axial direction of the piston and an angle of the shallow bottom portion (note the two opposite end portions adjacent to the center/mid portion of the groove 6) with respect to the axial direction of the piston, is provided between the deep bottom portion and the shallow bottom portion. Claims 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over JP 6368549 B2 in view of Kobayashi (JP 2006189151 A). Regarding claims 1 and 4, JP ‘549 discloses a damper device (10) configured to be attached between a pair of members that are configured to move toward or away from each other, and configured to apply a braking force (note the abstract) when the pair of members move toward or away from each other, the damper device comprising: a cylinder (20) having an opening portion at one end portion; a rod (50) movably inserted into the cylinder through the opening portion; a piston (30) connected to the rod and having an annular groove (33) formed on an outer periphery thereof; and a seal ring (80) mounted in the annular groove (33) and configured to come into pressure contact with an inner peripheral surface of the cylinder (20). JP ‘549 fails to disclose a bottom portion of the annular groove is provided with a deep bottom portion disposed on a side of a damper braking direction, and a shallow bottom portion disposed on a side opposite to the damper braking direction and shallower than the deep bottom portion, wherein the seal ring is provided with, on an outer peripheral surface thereof, a cylinder contact portion configured to come into contact with the inner peripheral surface of the cylinder, and is provided with, on an inner peripheral surface thereof, a shallow bottom portion contact portion configured to come into contact with the shallow bottom portion, a center of the cylinder contact portion and a center of the shallow bottom portion contact portion are offset in an axial direction, and wherein the inner peripheral surface of the seal ring does not come into contact with the deep bottom portion when the piston moves in the damper braking direction, and is configured to come into contact with the shallow bottom portion when the piston moves in a return direction opposite to the damper braking direction as recited in the claim. However, Kobayashi discloses a similar damper as set forth above including an annular groove provided with a deep bottom portion (30) disposed on a side of a damper braking direction, and a shallow bottom portion (31, 32) disposed on a side opposite to the damper braking direction and shallower than the deep bottom portion, wherein the seal ring (33, 33a) is provided with, on an outer peripheral surface (33a) thereof, a cylinder contact portion (33a) configured to come into contact with the inner peripheral surface of the cylinder (2), and is provided with, on an inner peripheral surface (note the bottom surface in contact with the shallow portion 32 and the other bottom surface in contact with the deep portion 30 in fig. 20) thereof, a shallow bottom portion contact portion (33) configured to come into contact with the shallow bottom portion (32), a center of the cylinder contact portion (33a) and a center of the shallow bottom portion contact portion (33) are offset in an axial direction, and wherein the inner peripheral surface of the seal ring (note the bottom surface in contact with the shallow portion 32 in fig. 20) does not come into contact with the deep bottom portion (30) when the piston (4) moves in the damper braking direction, and is configured to come into contact with the shallow bottom portion (32) when the piston (4) moves in a return direction (fig. 19) opposite to the damper braking direction, wherein, the shallow bottom portion has a shallow portion (32) and a deep portion (31) in a peripheral direction of the annular groove, and wherein the seal ring (33) is constantly in contact with the shallow portion and the deep portion of the shallow bottom portion (note figs. 16-17). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention of the present application was made to modify the annular groove and the seal ring of JP ‘549 with the teaching of Kobayashi will provide the damper exhibits a sufficient braking force even with a large load. Re-claims 5, JP ‘549 discloses the cylinder (20) has a wall portion extending in a tubular shape, a cross section of the wall portion perpendicular to the axial direction has a cross-sectional shape having a major axis (A) and a minor axis (B), wherein the piston has a cross-sectional shape having a major axis and a minor axis that is configured to fit with the wall portion of the cylinder (note the piston 30 of this embodiment has a cross-sectional shape having a major axis A and a minor axis B in conformity with the shape of the cylinder 20 (see FIG. 5A)), wherein the deep bottom portion (41) has at least a major-axis side deep bottom portion formed in a major axis direction of the piston, and wherein a protruding portion (note the protruding ridges disposed on the deep portion groove 41) protrudes from a bottom surface of the major-axis side deep bottom portion, and the protruding portion is configured to come into contact with the inner peripheral surface of the seal ring (80) at least when the piston moves in the return direction opposite to the damper braking direction. Re-claim 6, JP ‘549 discloses a plurality of the protruding portions (note the protruding ridges disposed on the deep portion groove 41) protrude from the bottom surface of the major-axis side deep bottom portion at predetermined intervals in the major axis direction of the piston. Allowable Subject Matter Claims 3 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MAHBUBUR RASHID/Examiner, Art Unit 3616 /Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
Read full office action

Prosecution Timeline

Aug 29, 2024
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
88%
With Interview (+20.5%)
3y 3m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 874 resolved cases by this examiner. Grant probability derived from career allowance rate.

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