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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rist (DBP 1136219, cited by applicant). Rist teaches:
A device for adjusting a foot point of a spring element (17) for a vehicle, the device comprising:
a first wall element (20) configured for connection to a vehicle (2),
a second wall element (19) spaced from the first wall element and configured for connection to the spring element , and
a chamber (inside 21) disposed between the first wall element and the second wall element and configured for changing the distance between the first wall element and the second wall element by changing a volume of the chamber,
wherein the chamber comprises an incompressible fluid (see line 23 connected to a hydraulic pump) and the first and/or second wall element comprises a passage opening for the incompressible fluid to the chamber (thru line 23), the passage opening being fluidly communicably connectable to an input/output device for the incompressible fluid for changing the volume of the chamber, and
wherein the chamber has a chamber wall with at least one third wall (21 bellows) element extending from the first wall element to the second wall element, the mass of the third wall element being constant when the volume of the chamber is changed. Furthermore, Rist teaches:
“the third wall element (21) has a section that is suspended over a flange (see attached sole Figure of Rist below) of the second wall element (19), the third wall element can be stretched between the first wall element and the second wall element as the amount of incompressible fluid in the chamber is increased.”
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10. Furthermore, it appears that applicant’s claims are drawn to the embodiment of Figure 6a which appears to be the only embodiment of the drawings that teaches the second wall element having a flange. It is respectfully requested that applicant point out where in the drawings and/or specification each of the items claimed in dependent claims 2-16 is disclosed for clarification.
Allowable Subject Matter
Claims 17 and 18 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK R SOLIS whose telephone number is (571)272-4853. The examiner can normally be reached Monday - Friday 9 -5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached on (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICK R SOLIS/Primary Examiner, Art Unit 3747