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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference Number 16 is not disclosed in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 11 and 19 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 Claims 11 and 19, the limitation “from the outside” is recited. Outside is a relative term, thus it is unclear from the claim what limitation is modifying. For purposes of examination, the limitation will be interpreted as “from the outside of said valve body”.
Claim Rejections - 35 USC § 102
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 1-5, 8-9, 11-13, 14-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et. al. (CN 111473081 A).
Regarding Claim 1, Wu discloses a damper valve for a vibration damper, comprising: a valve body (9); at least one control disc (12) arranged on the valve body (9); and at least one rotatably mounted adjustment element (13); wherein the valve body (9), the control disc (12) and the adjustment element (13) are arranged coaxially; wherein the control disc (12) is connected to the adjustment element (13) for conjoint rotation and the control disc (12) is rotatable relative to the valve body (9) in order to open up or block at least one of a plurality of through-channels (22) in the valve body (9) for the flow of a damper fluid (see [0050-0052]); wherein the control disc (12) has at least two through-openings (25) with different cross sections, in order to change the flow of the damper fluid through the through-channels (22) in the valve body (9) (see Fig. 1, Fig. 3, Fig. 4).
Regarding Claim 2, Wu discloses wherein the control disc (12) is able to be moved into different rotational positions, wherein, depending on the rotational position of the control disc (12), one or more of the through-channels (22) in the valve body (9) are opened up or blocked for the flow of the damper fluid (see Fig. 1, Fig. 3, Fig. 4, [0050-0052]).
Regarding Claim 3, Wu discloses wherein the through-channels (22) in the valve body (9) are able to be selected and/or blocked by the control disc (12) in such a way that, in at least one direction of rotation of the control disc (12), the flow cross sections of the through-openings (22) are added together or subtracted from one another (see Fig. 1, Fig. 3, Fig. 4, [0050-0052]).
Regarding Claim 4, Wu discloses wherein the number of rotational positions of the control disc (12) corresponds to the square of the number of through-openings (25) in the control disc (12) (see Fig. 1, Fig. 3, Fig. 4, [0055]). It should be noted the term “rotational positions” is broad, Wu discloses using angles to set “rotational positions” which anticipates at least 0-360 “rotational positions” corresponding to angles 0-360 degrees. The physical structure of Wu is capable of being rotated any amount, not having structural limitations beyond friction, therefore Wu discloses a control disc having a number of “rotational positions” that “correspond to the square of the number of through-openings”.
Regarding Claim 5, Wu discloses wherein the rotational positions of the control disc (12) are settable incrementally by the adjustment element (13), wherein the control disc (12) is able to be moved into at least 4 rotational positions (see Fig. 1, Fig. 3, Fig. 4, [0055]).
Regarding Claim 8, Wu discloses wherein at least two of the through-channels (22) in the valve body (9) have different flow cross sections (see Fig. 2, Fig. 3).
Regarding Claim 9, Wu discloses wherein at least one or more through-channels (22) in the valve body (9) extend outwardly in a radial direction (see Fig. 2, Fig. 3).
Regarding Claim 11, Wu discloses wherein at least one actuating part (2) is connected to the adjustment element (13) for conjoint rotation, wherein the actuating part (2) is accessible from the outside (see Fig. 1).
Regarding Claim 12, Wu discloses wherein the adjustment element (13) is in the form of an adjustment shaft (13) which extends through the valve body (9) and the control disc (12), wherein the control disc (12) is arranged on the adjustment shaft (13) for conjoint rotation and the valve body (9) is rotationally decoupled from the adjustment shaft (13) (see Fig. 1, [0055]).
Regarding Claim 14, Wu discloses wherein the damper valve is a damper valve for a vibration damper of a vehicle (see Fig. 1, [0007]).
Regarding Claim 15, Wu discloses wherein the control disc (12) has at least two through-openings (25) with different cross sections, in order to change the flow cross section of the damper fluid through the through-channels (22) in the valve body (9) (see Fig. 1, Fig. 3, Fig. 4, [0050-0052]).
Regarding Claim 16, Wu discloses wherein the rotational positions of the control disc (12) are settable incrementally by the adjustment element, wherein the control disc is able to be moved into 6 to 14 rotational positions (see Fig. 3, Fig. 4, [0055]).
Regarding Claim 17, Wu discloses wherein the rotational positions of the control disc (12) are settable incrementally by the adjustment element, wherein the control disc is able to be moved into at least 16 rotational positions (see Fig. 3, Fig. 4, [0055]).
Regarding Claim 20, Wu discloses a vibration damper for a motorized vehicle, comprising: at least one damper valve according to claim 1; wherein the damper valve is fluidically connected or able to be fluidically connected to at least one working space and/or a compensation space of the vibration damper in order to set a damping force (see Fig. 1, [0001-0005]).
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.
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 6-7, 10, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et. al. (CN 111473081 A), as applied to Claim 1 above, in view of Buchanan et. al. (US 4606440 A).
Regarding Claim 6, Wu discloses the damper valve according to Claim 1.
Wu does not disclose wherein the through-openings in the control disc and/or the through-channels in the valve body are arranged on different hole circles.
Buchanan teaches a damper valve wherein through-openings (255) in a control disc (241) and/or through-channels (245) in a valve body (226) are arranged on different hole circles (see Fig. 9, Fig. 10, Fig. 12).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of the through-openings, through-channels, control disc, and valve body of Buchanan with the damper valve of Wu to provide finer control of the vehicle damping without expanding the radial size of the damper (see US 4606440 A [Buchanan]; 1: 7-17, 1: 59-64). Using two-hole circles with different size orifices allows for increase diversity of damping.
Regarding Claim 7, Wu modified by Buchanan teaches wherein the through-openings (255) in the control disc (241) and the through-channels (245) in the valve body (226) which are arranged on the same hole circle correspond or are spaced apart from one another depending on the rotational position of the control disc (see US 4606440 A [Buchanan]; Fig. 9, Fig. 10, Fig. 12).
Regarding Claim 10, Wu modified by Buchanan teaches wherein the control disc (241) is preloaded or able to be preloaded against the valve body (226) by at least one spring element (238) (see US 4606440 A [Buchanan]; Fig. 9, 5: 62-65).
Regarding Claim 18, Wu modified by Buchanan teaches wherein the through-openings (255) in the control disc (241) and/or the through-channels (245) in the valve body (226) arranged on two different hole circles (see US 4606440 A [Buchanan]; Fig. 9, Fig. 10, Fig. 12).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et. al. (CN 111473081 A), as applied to Claim 1 above, in view of Taruta (JP 2009185840 A).
Regarding Claim 13, Wu discloses the damper valve according to Claim 1.
Wu does not disclose wherein at least one holding part is provided, into which the valve body is at least partially inserted, wherein the adjustment element extends through the holding part.
Taruta teaches wherein at least one holding part (45) is provided, into which the valve body (32) is at least partially inserted, wherein the adjustment element (29) extends through the holding part (45) (see Fig. 8, [0072]).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of the holding part of Taruta with the damper valve of Wu in order to provide additional restraining force to maintain the placement and seal the valve body and control disc during valve operation.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et. al. (CN 111473081 A), as applied to Claim 1 above, in view of Nishikawa (US 4183509 A).
Regarding Claim 19, Wu discloses the damper valve according to Claim 1.
Wu does not disclose wherein at least one actuating part is connected to the adjustment element for conjoint rotation, wherein the actuating part is accessible from the outside and is rotatable by hand.
Nishikawa teaches wherein at least one actuating part (114) is connected to the adjustment element (126) for conjoint rotation, wherein the actuating part (114) is accessible from the outside and is rotatable by hand (see Fig. 6, Fig. 7, 6:12-17).
It would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of the actuating part of Nishikawa with the damper valve of Wu in order to allow for adjustment of the valve without power or during computer failure, and without taking apart the valve (see 1: 13-18).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Preukschat (DE 19513470 A1) discloses a rotating control disc that varies the amount of damping present in a damper valve of a shock absorber system.
Verzicht (DE 3606686 A1) discloses a damping disc with a number of different through-channels in different hole circles.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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