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 § 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 5-11 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.
Claims 5 and 8 recite “an adjuster rod assembly”. It is not clear if this is part of the first and second adjuster of claim 1. From the spec, it would appear that the adjuster rod is part of the adjuster, however, it is not clear if it is the adjuster. If the adjuster rod is the adjuster assembly, then the elements are claimed twice. If it is not, then it would be unclear what the first and second assemblies comprise of.
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) 1-10 and 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TW104219669 (on applicants IDS, hereafter TW).
In reference to claim 1, TW teaches a dual function fluid adjuster assembly comprising: a first adjuster assembly (20, 30) for adjusting a first rebound fluid circuit; and a second adjuster assembly Z(43, 40) for adjusting a second rebound fluid circuit, wherein said first adjuster assembly and said second adjuster assembly form said dual function fluid adjuster assembly, wherein at least a portion of said first adjuster assembly is at least partially disposed within a shaft assembly (90 or 50), and wherein at least a portion of said second adjuster assembly is at least partially disposed within said shaft assembly. Please note that applicants term shaft is read as a hollow cylindrical component.
In reference to claim 2, TW teaches wherein an externally adjustable feature of said first adjuster assembly and an externally adjustable feature of said second adjuster assembly are independently adjustable such that movement of one of said externally adjustable feature of said first adjuster assembly or said externally adjustable feature of said second adjuster assembly can be made without causing movement of the other of said externally adjustable feature of said first adjuster assembly or said externally adjustable feature of said second adjuster assembly. Please note that the two adjustments are independent.
In reference to claim 3, TW teaches wherein said at least a portion of said first adjuster assembly is at least partially disposed within a first portion of said shaft assembly and wherein said at least a portion of said second adjuster assembly is at least partially disposed within a second portion of said shaft assembly. Please note that the two adjustment mechanisms have different mechanical motion paths with the device and are therefor located in what can be considered different portions or the same portion depending on the interpretation of portion. .
In reference to claim 4, TW teach wherein said first portion of said shaft assembly and said second portion of said shaft assembly are a same portion of said shaft assembly. See rejection of claim 3 above.
In reference to claim 5, TW teaches a transmission component (threads); and an adjuster rod assembly (3) at least partially disposed within at least a portion of said shaft assembly, said adjuster rod assembly coupled with said transmission component such that movement of an externally adjustable feature (20) of said first adjuster assembly will cause a rotational movement of said adjuster rod assembly.
In reference to claim 6, TW teaches said transmission component is selected from the group consisting of: a gear (screw gear), a work gear, a beveled gear or a combination thereof.
In re claim 7, TW teaches the transmission component is a sliding spline. Please note that the threads are considered a type of spline that when turned slide on the contacting surfaces.
In reference to claim 8, TW teaches a radially varying component (threads of the adjustment rod); and an adjuster rod assembly at least partially disposed within at least a portion of said shaft assembly, said adjuster rod assembly coupled with said radially varying component such that movement of an externally adjustable feature of said second adjuster assembly will cause an axial movement of said adjuster rod assembly within said shaft assembly. Please note that a radially varying component is a broad feature not defined by structure. It would be recommended to more specifically claim this feature.
In reference to claim 9, TW teaches wherein said radially varying component is a cam. The screw threads act as a cam surface to translate the rod.
In reference to claim 10, TW teaches wherein said radially varying component is a taper and screw. Please note that the screw is the threads of the rod, and each part receiving the threads is a taper able to accept the threads.
In reference to claim 13, TW teaches a dual function fluid adjuster assembly comprising: an externally adjustable feature (20) of a first adjuster assembly, said first adjuster assembly for adjusting a first fluid circuit (111); an externally adjustable feature (4) of a second adjuster assembly, said second adjuster assembly for adjusting a second fluid circuit (51, 52), wherein said externally adjustable feature of said first adjuster assembly and said externally adjustable feature of said second adjuster assembly are nested; and an adjuster rod assembly (21) coupled with said externally adjustable feature of said first adjuster assembly, said adjuster rod assembly coupled with said externally adjustable feature of said second adjuster assembly, said adjuster rod assembly configured to move axially to control one of said first fluid circuit or said second fluid circuit, and said adjuster rod assembly configured to move rotationally to control the other of said first fluid circuit or said second fluid circuit.
In reference to claim 14, TW teaches wherein the adjuster rod includes a single adjuster rod (21).
In re claim 15, TW teaches a plurality of adjuster rods (21, 40).
In re claim 16, TW teaches . a dual function fluid adjuster assembly comprising: a first adjuster assembly (20) for adjusting a first rebound fluid circuit; a second adjuster assembly (40) for adjusting a second rebound fluid circuit, wherein said first adjuster assembly and said second adjuster assembly form said dual function fluid adjuster assembly; and an adjuster rod assembly (21, 40) coupled with said first adjuster assembly and said second adjuster assembly, said adjuster rod assembly configured to move axially to control one of said first rebound fluid circuit or said second rebound fluid circuit, and said adjuster rod assembly configured to move rotationally to control the other of said first rebound fluid circuit or said second rebound fluid circuit. Both are designed to move rotationally and axially to control fluid through the circuit. Please note that the adjustments in the reference would control flow during a rebound event.
In re claim 17, TW teaches a single adjuster rod (21). In re claim 18, TW teaches a plurality of adjuster rods (21, 40).
Claim(s) 1, 5, 8, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fox (US20030234144).
In reference to claim 1, Fox teaches a dual function fluid adjuster assembly comprising: a first adjuster assembly (192, para 44) for adjusting a first rebound fluid circuit; and a second adjuster assembly (258) for adjusting a second rebound fluid circuit, wherein said first adjuster assembly and said second adjuster assembly form said dual function fluid adjuster assembly, wherein at least a portion of said first adjuster assembly is at least partially disposed within a shaft assembly (193, 250, 252), and wherein at least a portion of said second adjuster assembly is at least partially disposed within said shaft assembly.
In reference to claim 5, Fox teaches teaches a transmission component (surface features of 259); and an adjuster rod assembly (192, 254, 259) at least partially disposed within at least a portion of said shaft assembly, said adjuster rod assembly coupled with said transmission component such that movement of an externally adjustable feature of said first adjuster assembly will cause a rotational movement of said adjuster rod assembly. Element 254 of rotates cammed surfaces.
In reference to claim 8, Fox teaches a radially varying component (cammed surfaces of 254); and an adjuster rod assembly (192, 258) at least partially disposed within at least a portion of said shaft assembly, said adjuster rod assembly coupled with said radially varying component such that movement of an externally adjustable feature of said second adjuster assembly will cause an axial movement of said adjuster rod assembly within said shaft assembly.
In reference to claim 9, Fox teaches a cam (259).
In reference to claim 12, Fox teaches 12. a dual function fluid adjuster assembly for a monotube shock (196), said dual function fluid adjuster assembly comprising: a first adjuster assembly for adjusting a first rebound fluid circuit (192) of said monotube shock; and a second adjuster assembly (258) for adjusting a second rebound fluid circuit of said monotube shock, wherein said first adjuster assembly and said second adjuster assembly form said dual function fluid adjuster assembly, wherein said first adjuster assembly and said second adjuster assembly are configured for use in said monotube shock. Please note that the device of Fox is considered a mono-tube as the piston is an assembly that slides in a single tube
Claim(s) 1-6, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Kock (5566796, hereafter DK).
In reference to claim 1, DK teaches a dual function fluid adjuster assembly comprising: a first adjuster assembly (19, 16) for adjusting a first rebound fluid circuit; and a second adjuster assembly Z(43, 40) for adjusting a second rebound fluid circuit, wherein said first adjuster assembly and said second adjuster assembly form said dual function fluid adjuster assembly, wherein at least a portion of said first adjuster assembly is at least partially disposed within a shaft assembly (90 or 50), and wherein at least a portion of said second adjuster assembly is at least partially disposed within said shaft assembly. Please note that applicants term shaft is read as a hollow cylindrical component.
In reference to claim 2, DK teaches wherein an externally adjustable feature of said first adjuster assembly and an externally adjustable feature of said second adjuster assembly are independently adjustable such that movement of one of said externally adjustable feature of said first adjuster assembly or said externally adjustable feature of said second adjuster assembly can be made without causing movement of the other of said externally adjustable feature of said first adjuster assembly or said externally adjustable feature of said second adjuster assembly. Please note that the two adjustments are independent.
In reference to claim 3, DK teaches wherein said at least a portion of said first adjuster assembly is at least partially disposed within a first portion of said shaft assembly and wherein said at least a portion of said second adjuster assembly is at least partially disposed within a second portion of said shaft assembly. Please note that the two adjustment mechanisms have different mechanical motion paths with the device and are therefor located in what can be considered different portions or the same portion depending on the interpretation of portion. .
In reference to claim 4, DK teach wherein said first portion of said shaft assembly and said second portion of said shaft assembly are a same portion of said shaft assembly. See rejection of claim 3 above.
In reference to claim 5, DK teaches a transmission component (threads); and an adjuster rod assembly (16, 17) at least partially disposed within at least a portion of said shaft assembly, said adjuster rod assembly coupled with said transmission component such that movement of an externally adjustable feature (18, 19) of said first adjuster assembly will cause a rotational movement of said adjuster rod assembly.
In reference to claim 6, DK teaches said transmission component is selected from the group consisting of: a gear (18, 19, and nut), a work gear, a beveled gear or a combination thereof.
In reference to claim 13, DK teaches a dual function fluid adjuster assembly comprising: an externally adjustable feature (18) of a first adjuster assembly, said first adjuster assembly for adjusting a first fluid circuit ; an externally adjustable feature (19) of a second adjuster assembly, said second adjuster assembly for adjusting a second fluid circuit, wherein said externally adjustable feature of said first adjuster assembly and said externally adjustable feature of said second adjuster assembly are nested; and an adjuster rod assembly (16, 17) coupled with said externally adjustable feature of said first adjuster assembly, said adjuster rod assembly coupled with said externally adjustable feature of said second adjuster assembly, said adjuster rod assembly configured to move axially to control one of said first fluid circuit or said second fluid circuit, and said adjuster rod assembly configured to move rotationally to control the other of said first fluid circuit or said second fluid circuit.
In reference to claim 14, DK teaches wherein the adjuster rod includes a single adjuster rod (16).
In re claim 15, DK teaches a plurality of adjuster rods (16, 17).
12
Allowable Subject Matter
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 19-26 are allowed.
The references do not teach a first fluid circuit and a second fluid circuit; the first fluid circuit including a variable control shaft with a VVC plate which can rotate to vary a shim stiffness; and the second fluid circuit having an externally adjustable feature. Conclusion
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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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