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.
(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, 5, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hahn (DE 197 40 143 A1).
Regarding claim 1, Hahn teaches an assembly (1) comprising:
a first fork tube (8) comprising a first end and an opposite end (Fig 1);
a second fork tube (4) comprising an opening to receive said first fork tube (Fig 1);
a fork tube gas seal (6) proximal to said opening of said second fork tube, said fork tube gas seal sealing an interior of said first fork tube and an interior of said second fork tube from an atmosphere external to said assembly (Fig 1);
a partial cartridge tube (50) at least partially disposed within a portion of said first fork tube (Fig 1);
a first gas volume (interior of 50) disposed at least partially between said first end of said first fork tube and said partial cartridge tube (Fig 1);
an annular gas volume (48) disposed at least partially between an outer diameter of said partial cartridge tube and an inner diameter of said first fork tube (Fig 1); and
a second gas volume (between 51 and 36), said second gas volume at least partially disposed within said second fork tube, said second gas volume and said annular gas volume configured to be fluidly coupled (through 55, Fig 1).
Regarding claim 2, Hahn teaches at least one communication channel (55) configured to fluidly couple said second gas volume and said annular gas volume, wherein said at least one communication channel includes at least one cross hole configured to fluidly couple said second gas volume and said annular gas volume (Fig 1).
Regarding claim 5, Hahn teaches a partial cartridge tube gas seal (43) to form a partial cartridge tube seal between said outer diameter of said partial cartridge tube and said inner diameter of said first fork tube (Fig 1).
Regarding claim 10, Hahn teaches an assembly (1) comprising:
a first fork tube (8) comprising a first end and an opposite end (Fig 1);
a second fork tube (4) comprising an opening to receive said first fork tube (Fig 1);
a fork tube gas seal (6) proximal to said opening of said second fork tube, said fork tube gas seal sealing an interior of said first fork tube and an interior of said second fork tube from an atmosphere external to said assembly (Fig 1);
a partial cartridge tube (50) at least partially disposed within a portion of said first fork tube (Fig 1);
a first gas volume (interior of 50) disposed at least partially between said first end of said first fork tube and said partial cartridge tube (Fig 1);
an annular gas volume (48) disposed at least partially between an outer diameter of said partial cartridge tube and an inner diameter of said first fork tube (Fig 1); and
a second gas volume (between 51 and 36), said second gas volume at least partially disposed within said second fork tube; and
at least one communication channel (55) configured to fluidly couple said second gas volume and said annular gas volume, wherein said at least one communication channel includes at least one cross hole configured to fluidly couple said second gas volume and said annular gas volume (Fig 1).
Regarding claim 12, Hahn teaches a partial cartridge tube gas seal (43) to form a partial cartridge tube seal between said outer diameter of said partial cartridge tube and said inner diameter of said first fork tube (Fig 1).
Claim(s) 1-6 and 10-13 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Shipman et al. (US 8,448,761 B2) hereinafter, Shipman.
Regarding claim 1, Shipman teaches an assembly (12) comprising:
a first fork tube (30) comprising a first end (64) and an opposite end (Fig 2);
a second fork tube (32) comprising an opening to receive said first fork tube (Fig 2);
a fork tube gas seal proximal to said opening of said second fork tube, said fork tube gas seal sealing an interior of said first fork tube and an interior of said second fork tube from an atmosphere external to said assembly (Fig 3);
a partial cartridge tube (42) at least partially disposed within a portion of said first fork tube (Fig 2);
a first gas volume (14) disposed at least partially between said first end of said first fork tube and said partial cartridge tube (Fig 2);
an annular gas volume (16, outside 42) disposed at least partially between an outer diameter of said partial cartridge tube and an inner diameter of said first fork tube (Fig 2); and
a second gas volume (16, inside 42), said second gas volume at least partially disposed within said second fork tube, said second gas volume and said annular gas volume configured to be fluidly coupled (Fig 2 and Col. 4, Lines 14-23).
Regarding claim 2, Shipman teaches at least one communication channel configured to fluidly couple said second gas volume and said annular gas volume, wherein said at least one communication channel includes at least one cross hole (through which 48 passes) configured to fluidly couple said second gas volume and said annular gas volume (Fig 2 and Col. 4, Lines 14-23).
Regarding claim 3, Shipman teaches that said first gas volume is configured to provide a positive air spring for said assembly (Col. 4, Lines 11-12).
Regarding claim 4, Shipman teaches that said partial cartridge tube is configured to provide a negative air spring for said assembly (Col. 4, Lines 14-17).
Regarding claim 5, Shipman teaches a partial cartridge tube gas seal (54) to form a partial cartridge tube seal between said outer diameter of said partial cartridge tube and said inner diameter of said first fork tube (Fig 3).
Regarding claim 6, Shipman teaches that said partial cartridge tube gas seal is configured to be moved axially (with piston 40) with respect to said assembly to adjust a size of said annular gas volume (Fig 3).
Regarding claim 10, Shipman teaches an assembly (12) comprising:
a first fork tube (30) comprising a first end (64) and an opposite end (Fig 2);
a second fork tube (32) comprising an opening to receive said first fork tube (Fig 2);
a fork tube gas seal proximal to said opening of said second fork tube, said fork tube gas seal sealing an interior of said first fork tube and an interior of said second fork tube from an atmosphere external to said assembly (Fig 3);
a partial cartridge tube (42) at least partially disposed within a portion of said first fork tube (Fig 2);
a first gas volume (14) disposed at least partially between said first end of said first fork tube and said partial cartridge tube (Fig 2);
an annular gas volume (16, outside 42) disposed at least partially between an outer diameter of said partial cartridge tube and an inner diameter of said first fork tube (Fig 2); and
a second gas volume (16, inside 42), said second gas volume at least partially disposed within said second fork tube; and
at least one communication channel configured to fluidly couple said second gas volume and said annular gas volume, wherein said at least one communication channel includes at least one cross hole (through which 48 passes) configured to fluidly couple said second gas volume and said annular gas volume (Fig 2 and Col. 4, Lines 14-23).
Regarding claim 11, Shipman teaches that said first gas volume is configured to provide a positive air spring for said assembly (Col. 4, Lines 11-12).
Regarding claim 12, Shipman teaches a partial cartridge tube gas seal (54) to form a partial cartridge tube seal between said outer diameter of said partial cartridge tube and said inner diameter of said first fork tube (Fig 3).
Regarding claim 13, Shipman teaches that said partial cartridge tube gas seal is configured to be moved axially (with piston 40) with respect to said assembly to adjust a size of said annular gas volume (Fig 3).
Allowable Subject Matter
Claims 14-20 are allowed.
Claims 7-9 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Claims 7-9 recite modifying the size of the annular gas volume.
Claim 14 recites a combination of a negative air spring volume disposed at least partially within said partial cartridge tube; a second gas volume, said second gas volume at least partially disposed within said second fork tube; and at least one communication channel configured to fluidly couple said negative air spring volume and said annular gas volume.
Since the prior art (e.g. US 2009/0001684 A1 to McAndrews and Shipman) teaches suspension assembly that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 2 of the examined disclosure shows the second gas volume, which is different than the gas volume taught by the prior art of record (Fig. 4 of McAndrews and Fig. 2 of Shipman, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Claims 15-20 are allowed as depending from an allowed parent claim (see above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach suspension assemblies of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOSAM SHABARA/Examiner, Art Unit 3618
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