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
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 – 4, 6, & 10 – 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dunlap US 20250042490 A1 (hereinafter Dunlap 2024).
Re. Cl. 1, Dunlap 2024 discloses a seat post of a bicycle comprising a sliding tube (Fig. 5, Ref. 204) including a saddle support at an upper end (Fig. 5, Ref. 212) and a seat secured to an inner surface of a lower portion of the sliding tube (Fig. 5, Ref. 506), a hollow plunger (Fig. 16A, Ref. 512) slidably disposed in the sliding tube for dividing inside of the sliding tube into a first chamber (Fig. 16A, Ref. 516; Para. 0105) filled with hydraulic fluid and a second chamber (Fig. 16A, Ref. 518; Para. 0105) filled with both hydraulic fluid and pressurized air, the hollow plunger including an opening on a top (Fig. 16A, Ref. 820), the opening communicating with the second chamber (Fig. 16A, Ref. 820), and two opposite apertures (Fig. 16A, Ref. 1408) formed through the hollow plunger and communicating with the opening and the first chamber respectively (Para. 0098), and a valve stem (Fig. 16A, Ref. 822) slidably disposed through the opening of the hollow plunger (Para. 0084) and including an obstruction on a top (Fig. 16A, Ref. 1608; Para. 0105), the valve stem being configured to move to cause the obstruction to close the opening of the hollow plunger in a closed position or open the opening of the hollow plunger in an open position (Para. 0084), wherein the opening of the hollow plunger is provided with a conic surface (Fig. 28, Ref. 2802), a diameter of the obstruction is greater than that of the opening of the hollow plunger (See Fig. 16A), the obstruction includes a conic surface on a bottom (Fig. 16A, Ref. 1608), the valve stem is made of a first material having a first hardness (Para. 0107) and the hollow plunger is made of a second material having a second hardness less than the first hardness (Para. 0083), and the conic surface of the obstruction is configured to complementarily dispose in the conic surface of the top opening of the hollow plunger (Para. 0107).
Re. Cl. 2, Dunlap 2024 discloses a tubular member (Fig. 5, Ref. 202)secured to an inner surface of the hollow plunger and passing through the seat, and a sliding rod (Fig. 5, Ref. 538) slidably disposed in the tubular member and having a top urging against a bottom of the valve stem so that the valve stem is configured to move relative to the hollow plunger.
Re. Cl. 3, Dunlap 2024 discloses the valve stem is made of metal (Para. 0107) and the hollow plunger is made of thermoplastic having a hardness less than that of the obstruction (Para. 0083).
Re. Cl. 4, Dunlap 2024 discloses the hollow plunger is made of metal (Para. 0083) and the valve stem is made of thermoplastic having a hardness less than that of the obstruction (Para. 0107).
Re. Cl. 10, Dunlap 2024 discloses the obstruction is made of metal (Fig. 16A, Ref. 1608; Para. 0107) and the disk-shaped washer is made of thermoplastic having a hardness less than that of the obstruction (Fig. 16A, Ref. 1406; Para. 0107).
Re. Cl. 11, Dunlap 2024 discloses the disk-shaped washer is made of metal (Fig. 16A, Ref. 1406; Para. 0107) and the obstruction is made of thermoplastic having a hardness less than that of the disk- shaped washer (Fig. 16A, Ref. 1608; Para. 0107).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Dunlap 2024 in view of Dunlap US 20250187687 A1 (hereinafter Dunlap 2023).
Re. Cl. 5, Dunlap 2024 discloses a hollow plunger is made of thermoplastic
Re. Cl. 5, Dunlap 2024 fails to disclose that the thermoplastic is polyoxymethylene (POM). Dunlap 2023 teaches a hollow plunger made of thermoplastic (Fig. 9, Ref. 800), where the thermoplastic is polyoxymethylene (POM) (Para. 0084). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dunlap 2024 with Dunlap’s 2023 teaching of a hollow plunger made of thermoplastic, where the thermoplastic is polyoxymethylene (POM). Doing so would reduce wear and lengthen the lifespan of the hollow plunger, as polyoxymethylene is a strong and wear-resistant polymer.
Claims 7 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Dunlap 2024 in view of Chambers et al. US 20240166286 A1 (hereinafter Chambers).
Re. Cl. 7, Dunlap 2024 discloses a hollow plunger (Fig. 16A, Ref. 512) with an annular flange formed at the top of the hollow plunger and a disk-shaped washer (Fig. 16A, Ref. 1406) attached to the opening.
Re. Cl. 7, Dunlap 2024 fails to disclose a hollow cylinder. Chambers teaches a hollow plunger (Fig. 12, Ref. 512) further comprising a hollow cylinder (Fig. 12, Ref. 1200) disposed at the opening, an annular flange formed on a top of the hollow cylinder (See Fig. 12), and a hollow member secured to the annular flange (Fig. 12, Ref. 1022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dunlap 2024 with Chambers's teaching of a hollow cylinder. Doing so allows a user to access and replace the disk-shaped washer within the hollow plunger as needed while ensuring the washer is secure within the plunder when the seat post is in use.
Re. Cl. 8, Dunlap 2024 fails to disclose threading. Chambers teaches annular flange includes internal threads (Fig. 12, Ref. 1200; Para. 0086) and the hollow member includes external threads threadedly secured to the internal threads (Fig. 12, Ref. 1022; Para. 0086).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dunlap 2024 with Chambers’s teaching of threading in the hollow cylinder and hollow member. Doing so ensured the hollow member is securely attached within the seat post.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dunlap 2024 in view of Chambers as applied to claims 7 – 8 above, and further in view of Matsueda et al. US 20180215441 A1 (hereinafter Matsueda).
Re. Cl. 9, Dunlap 2024 fails to disclose a hollow member. Chambers teaches the hollow member further comprises an axial channel for flowing the hydraulic (Fig. 11, Ref. 1104; Para. 0085). Matsueda teaches a tool (Para 0092) configured to drive into an axial channel (Fig. 13, Ref. 96a) to rotate the a member (Fig.13, Ref. 81) in the hydraulic fluid passageway of a bicycle hydraulic device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dunlap 2024 with Chambers and Matsueda’s teachings of a hollow member with an axial channel and a tool. Doing so would allows a user to easily detach and reattach the hollow member as needed when accessing the disk-shaped washer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dunlap US-20260001604-A1, Knapp US-20030116897-A1, Shipman US-20180186419-A1, Chen US-20200378168-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GELILA S KEBEDE whose telephone number is (571)270-0369. The examiner can normally be reached 6:00AM - 2:00PM, Mon - Thurs.
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/GELILA KEBEDE/ Examiner, Art Unit 3632
/TERRELL L MCKINNON/ Supervisory Patent Examiner, Art Unit 3632
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