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 8, 12 and 14 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance, claim 6 recites the broad recitation “at least 4”, and the claim also recites “in particular 8 or 10, preferably at least 16 rotational positions” which are narrower statements of the range/limitation.
Claim 12 recites the broad “the control disc is preloaded against the valve body by at least one spring element,” followed by the narrower “in particular a volute spring and/or a cup spring.”
Claim 14 recites the broad “wherein the actuating part is accessible from the outside” followed by the narrower “is preferably rotatable by hand”.
The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
(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.
Claim(s) 1-2, 6, 8-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fannin et al (US# 4724937).
Fannin et al disclose all the limitations of the instant claim including; a damper valve for a vibration damper, comprising: a valve body 98; at least one control disc 92 arranged on the valve body; and at least one rotatably mounted adjustment element 94 and/or 64; wherein the valve body 98, the control disc 92 and the adjustment element 94 and/or 64 are arranged coaxially; wherein the control disc is connected to the adjustment element for conjoint rotation and the control disc is rotatable relative to the valve body in order to open up at least one of a plurality of through-channels 130/128/123 in the valve body for the flow of a damper fluid or to block the flow; wherein the valve body 98 has a plurality of recesses with different opening areas which are covered by at least one valve disc 104; wherein in each case one through-channel leads into in each case one of the recesses.
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Regarding claim 2, the through-channels in the valve body are able to be selected and/or blocked by the control disc in such a way that, in at least one direction of rotation of the control disc, the opening areas of the recesses are added together or subtracted from one another. Figures 3-5.
Regarding claim 6, the control disc 92 is rotatable incrementally by the adjustment element and comprises, in the direction of rotation, at least 4, in particular 8 or 10, preferably at least 16 rotational positions in order to open up and/or block the through-channels. The control disc is rotatable among any number of increments. The claim language does not clearly require a change in blocking of channels for each position.
Regarding claim 8, at least two of the through-channels 123/130/132 in the valve body have inlet areas with different flow cross sections.
Regarding claim 9, at least one or more of the recesses is/are in the form of a pocket and extend(s) in a radial direction. Note figures 2-3.
Regarding claim 10, at least one or more of the recesses extend in an annular manner in a radial direction. Figure 3.
Regarding claim 11, the valve body 98 has at least one shoulder which adjoins the recesses and into which the valve disc is inserted. Note either shoulder shown below.
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Regarding claim 12, the control disc 92 is preloaded against the valve body 98 by at least one spring element 118.
Regarding claim 13, the valve disc 106 is pressed against the valve body by at least one spacer 107-111.
Regarding claim 14, at least one actuating part 64 and/or 65 is connected to the adjustment element for conjoint rotation, wherein the actuating part is accessible from the outside and is preferably rotatable by hand.
Regarding claim 16, at least one holding part 88 is provided, into which the valve body 98 is at least partially inserted, wherein the adjustment element 64 or 94 extends through the holding part.
Regarding claim 17, the valve body has a multiplicity of return-flow channels 123 which pass through the valve body and are arranged in a manner distributed in the circumferential direction.
Regarding claim 18, the return-flow channels 123 are open on the valve-disc 104 side, on one side, and covered by the control disc 92 on the other side.
Regarding claim 19, the control disc 92 (via 118) and/or the valve disc 104 are designed in a resilient manner.
Regarding claim 20, Fannin et al disclose a vibration damper (figure 1) for a motorized vehicle, having at least one damper valve according to claim 1, wherein the damper valve is fluidically connected or is able to be fluidically connected to at least one working space (space divided by piston 28) and/or a compensation space 20 of the vibration damper in order to set a damping force.
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.
Claims 1-2, 6-16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2003-341332 in view of Montagna et al (US# 2024/0375471).
JP 2003-341332 discloses a damper valve for a vibration damper, comprising: a valve body 34; at least one control disc 25 arranged on the valve body; and at least one rotatably mounted adjustment element 26; wherein the valve body 34, the control disc 25 and the adjustment element 26 are arranged coaxially; wherein the control disc 25 is connected to the adjustment element 26 [0038] for conjoint rotation and the control disc 25 is rotatable relative to the valve body 34 in order to open up at least one of a plurality of through-channels 37a-c/38 in the valve body 34 for the flow of a damper fluid or to block the flow. JP 2003-341332 further discloses a valve element 40/41 covering the through channels and through-channels 37a-c/38 with different areas, but lack the disclosure of the valve element 40/41 being a disc and the valve body having a plurality of recesses with different opening areas; wherein in each case one through-channel leads into in each case one of the recesses. Montagna et al disclose a similar device and further teach a valve plate in disc form (note for instance, disc 108) which provides a ring 132 which facilitates mounting on a hub 90 of a piston. Montagna et al also disclose a plurality of recesses with different opening areas (note areas formed by lands 202/204; wherein in each case one through-channel leads into in each case one of the recesses. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the valve plate 40/41 of JP ‘332 in disc form or form the plate in disc form and provide a hub connection, such as taught by Montagna et al, to make assembly and servicing of the valve device easier. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide recesses for the through channels of JP ‘332, as taught by Montagna et al to improve fluid flow through the channels and/or modify the opening characteristics of the valves.
Regarding claim 2, the through-channels 37a-c in the valve body are able to be selected and/or blocked by the control disc in such a way that, in at least one direction of rotation of the control disc, the opening areas of the recesses are added together (moving from (c) to (a) in figure 4) or subtracted from one another (moving from (a) to (c) in figure 4).
Regarding claim 6, the control disc 25 is rotatable incrementally by the adjustment element and comprises, in the direction of rotation, at least 4, in particular 8 or 10, preferably at least 16 rotational positions in order to open up and/or block the through-channels. The control disc is rotatable among any number of increments between the limits of the steering travel. The claim language does not clearly require a change in blocking of channels for each position.
Regarding claim 7, Montagna teaches at least one of the recesses has an opening area which is larger than an inlet area of the through-channel leading into the recess.
Regarding claim 8, at least two of the through-channels 37b/37c/38 in the valve body have inlet areas with different flow cross sections. Figures 3 and 4.
Regarding claim 9, Montagna teaches at least one or more of the recesses is/are in the form of a pocket and extend(s) in a radial direction.
Regarding claim 10, Montagna teaches at least one or more of the recesses extend in an annular manner in a radial direction. Figure 6b.
Regarding claim 11, Montagna teaches the valve body having at least one shoulder 90 which adjoins the recesses and into which the valve disc is inserted.
Regarding claim 12, the control disc is preloaded against the valve body by at least one spring element, in particular a volute spring and/or a cup spring.
Regarding claim 13, Montagna teaches the valve disc being pressed against a valve body by at least one spacer 106 or 110.
Regarding claim 14, at least one actuating part 27 and/or 28 is connected to the adjustment element 26 for conjoint rotation, wherein the actuating part is accessible from the outside and is preferably rotatable by hand.
Regarding claim 15, the adjustment element is in the form of an adjustment shaft 26 which extends through the valve body 34 and the control disc 25, wherein the control disc 25 is arranged on the adjustment shaft 26 for conjoint rotation and the valve body 34 is rotationally decoupled from the adjustment shaft.
Regarding claim 16, at least one holding part 11/33 is provided, into which the valve body 34 is at least partially inserted, wherein the adjustment element 26 extends through the holding part.
Regarding claim 19, the control disc and/or the valve disc 40/41 are designed in a resilient manner. [0027]
Regarding claim 20, JP ‘332 further discloses a vibration damper 3 for a motorized vehicle, having at least one damper valve according to claim 1, wherein the damper valve is fluidically connected or is able to be fluidically connected to at least one working space 35/36 and/or a compensation space of the vibration damper in order to set a damping force.
Claims 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2003-341332 and Montagna et al (US# 2024/0375471), as applied to claim 1 above, in further view of Yoshioka et al (US# 5269558).
Regarding claim 3, JP ‘332 lacks the disclosure of the control disc 25 having a plurality of openings for each through-channel in the valve body, wherein, depending on a rotational position of the control disc, one or more of the through-channels are opened up by the openings or the control disc blocks the through-channels. JP ‘332 instead shows arcuate slits for the openings of the control disc. Yoshioka et al disclose a similar device and further teach a control disc 29 having a plurality of holes in an arc for selectively controlling fluid flow. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an arc of holes such as taught by Yoshioka et al, as an alternative the arc shaped slits of JP ‘332 which allows different and potentially cheaper forms of manufacture while yielding the predictable results of substantially the same function.
Regarding claim 4, JP ‘332 discloses the openings 25a/25b/25c in the control disc 25 and/or the through-channels 37a/37b/37c in the valve body are arranged on different hole circles.
Regarding claim 5, the openings 25a-c in the control disc 25 and the through-channel 37a-c in the valve body which lie on the same hole circle correspond or are spaced apart from one another depending on the rotational position of the control disc. Figure 4.
Claims 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fannin et al (US# 4724937) in view of Montagna et al (US# 2024/0375471).
Fannin et al disclose all the limitations of the instant claim with exception to at least one of the recesses having an opening area which is larger than an inlet area of the through-channel leading into the recess. Montagna et al also disclose a plurality of recesses with larger opening areas than the through channel (note areas formed by lands 204 compared to the opening areas of channels 100, figure 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide larger recesses for the through channels of Fannin et al, as taught by Montagna et al to improve fluid flow through the channels and/or modify the opening characteristics of the valves.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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 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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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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