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)(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- 8 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Feng (GB 2244111 A).
See figures Hollow Body (cover 30, compressible rubber pipe 10), Valve 31, Spring 20
Claim(s) 1- 9 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated By Lecointe (DE 2827087)
See figure 3 Hollow Body (rubber boot 2, base 1,3), Valve 7, Spring 8
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.
Claim(s) 10- 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Michels et al (U.S. 2023/0031027) in view of Feng.
Michels et al discloses a housing (vehicle which the damper is mounted not shown) operating part (pedal 12), damper 14 which includes a spring 54 and valve 58. Michels et al does not disclose a damper that is multipiece and made of elastomer. Feng discloses such a damper as discussed above.
It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to use the damper of Feng in the system of Michels et al as it serves a similar function and is simpler in design which would be easier to manufacture.
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ROBERT A. SICONOLFI
Supervisory Patent Examiner
Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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