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.
Claim(s) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sintorn et al (20020053493).
In reference to claim 1, Sintorn teaches a shock absorber comprising: a shock absorber main body having a cylinder (3), a piston (6) inserted into the cylinder so as to be movable in an axial direction, a piston rod (4) inserted into the cylinder and connected to the piston, and a plurality of operation chambers (23, 18, 14, Chamber below 8A) filled with liquid (oil); a first passage (21) and a bypass passage (15) that allow communication between the operation chambers; a damping valve (12) that is provided in the first passage and applies, while allowing only flow of liquid from one operation chamber (18 to 23) toward the other operation chamber, resistance to the flow of the liquid; a check valve (39) that is provided in the bypass passage (15) and allows only the flow of liquid from one operation chamber toward the other operation chamber ; and a needle valve (35) that is provided in the bypass passage in series with the check valve and capable of changing a flow path area. Please note that the bypass valve itself is considered the outer portions of the cup shaped member and the seat on which it rests in the closed position.
In reference to claim 3, Sintorn teaches a housing (inner walls of piston rod) that accommodates the check valve (39) and the needle valve (35), wherein the needle valve includes a needle case (37 having a tubular shape and inserted into the housing, and a needle (38) inserted into the needle case (as depicted in fugure 34, the end of the needle is slidable into and out of the needle case) so as to be movable in the axial direction, the needle case has an annular recess portion formed by expanding an inner diameter at one end (near the check valve 39), the check valve has a disk-shaped valve seat member (stepped poriton of needle case) that is sandwiched between one end side of the needle case and the housing (bottom portion of the rod which ends the hollow portion), faces the annular recess portion, is in close contact with the needle case and the housing, and includes a hole that penetrates a wall thickness (40), an annular valve body that is accommodated in the annular recess portion so as to be movable in the axial direction and is seated on and separated from the valve seat member, and an annular biasing member (39c) that is accommodated in the annular recess portion and biases the annular valve body toward the valve seat member, and the bypass passage allows communication between the operation chambers via the hole and an inside of the needle case.
IN reference to claim 4, Sintorn teaches wherein the needle case has an annular valve seat (near 36) on its inner periphery on which the needle is seated and separated.
In reference to claim 5, Sintorn teaches wherein the annular valve body and the biasing member are positioned in a radial direction by a side wall surface of the annular recess portion in the needle case. Please note that in the closed state that the valve body and the spring would be inside the annular recess portion.
Allowable Subject Matter
Claim 2 is 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. Claim 2 defines the location of the passages and introduces the tank. The arrangement of the tank and the internal valves and passages of claim 2 along with what was in claim 1 could not be found or rendered obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON C KRAMER whose telephone number is (571)272-7118. The examiner can normally be reached Monday- Thursday 7AM-4PM; Friday Mornings.
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DEVON C. KRAMER
Supervisory Patent Examiner
Art Unit 3746
/DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
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