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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-4 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.
Regarding claim 1, the limitation “a disc having a plate shape” is unclear. It is unclear what is encompassed by “plate shape”. Plates can come in any number of shapes, square, circular, rectangular, elliptical, etc. Applicant has defined plate shape in several different ways in the Specification, for example, in [0066], “plate shape” has been defined to include “a perforated circular flat plate shape with a constant thickness”. In this example, the plate shape includes perforation, circular shape, and a constant thickness. In at least figure 3 of Applicant’s disclosure, the partition member described as “plate shape” is shown to not have constant thickness. It is at least unclear if “plate shape” requires a constant thickness or allows for a varying thickness. It is also noted that plates do not generally have an aperture in the center as the claimed valve discs and/or partitions require. Claim 1 would provide more clarity without the limitation “having a plate shape”.
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 1-4 are rejected under 35 U.S.C. 102a1 as being anticipated by Patel et al. (US-10663027).
Regarding claim 1, Patel et al. discloses a shock absorber (fig 3, 20) comprising: a cylinder (30) in which a working fluid is sealed; a piston (32) fitted in the cylinder to be slidable and partitioning an inside of the cylinder into two chambers (fig 3, 44/46); a piston rod (34) connected to the piston and extending to an outside of the cylinder (fig 2); a first passage (74/76) allowing communication between the two chambers so that the working fluid is able to flow due to movement of the piston (figs 2-3); a second passage (196/110) formed in parallel with the first passage and provided to allow the working fluid of at least one of the two chambers to flow in due to movement of the piston (figs 2-3, flow shown at arrows 82/92 and through 110/196/66 shown in fig 10b ); a first damping force mechanism (78/86) provided at the first passage and configured to generate a damping force (fig 3, at least compression and rebound valve plates); and a second damping force mechanism (66) provided at the second passage, including: a partition member (at least 193) which is formed of a disc having a plate shape and an elastic member (197) provided at an outer circumferential side of the disc (fig 3), wherein inner circumferential side of the disc is supported by a support member (at least retainer 217) on only one side without being clamped from both sides (fig 3), partitions the second passage (figs 7 and 10-11), is displaced by the working fluid that has flowed in due to movement of the piston, and discharges at least some of the working fluid in the second passage into the cylinder (at least fig 10b); and valve closing part (fig 7, 218a/b) which forms a pressure chamber (at least 194/195) closed between an inside of the second passage and the partition member to restrict movement of the working fluid in the pressure chamber, and varying a damping force (fig 7).
Regarding claim 2, Patel et al. discloses wherein the pressure chamber is formed when the partition member (193) or the inside of the second passage (110/196) comes into contact with the valve closing part (218a/b) due to a displacement of the partition member (218a/b shown open and closed n at least figures 10a-10b).
Regarding claim 3, Patel et al. discloses wherein the valve closing part (218a/b) is provided in the partition member (193) and is formed of an elastic member (at least resilient members 218a/b) which deforms to come into contact (fig 10a) with the second passage after a displacement of the partition member and allow the partition member to be displaceable even after the contact (it has been interpreted that 193 is still further displaceable even upon 218 contacting 191).
Regarding claim 4, Patel et al. discloses wherein the valve closing part (218a/b) is provided at a part of the second passage (figs 7 and flow arrows shown in figs 10a/b) and is formed of an elastic member (at least resilient members 218a/b) which deforms to come into contact (fig 10a) with the second passage after a displacement of the partition member and allow the partition member to be displaceable even after the contact (it has been interpreted that 193 is still further displaceable even upon 218 contacting 191).
Conclusion
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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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.
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/JAMES K HSIAO/ Examiner, Art Unit 3616
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