DETAILED ACTION
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 181, 182.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 180.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 2-3, 11, and 13 are objected to because of the following informalities:
Claim 2 recites “0,5 mm2”. This should be amended “0[[.]]--.--5 mm2”. (This claim objection does not address the 35 USC 112(b) rejection below.)
Claim 2 recites “the first and second fluid channel”. There are two, i.e. plural, fluid channels, so this should be “the first and second fluid channel--s--” or “the first fluid channel and second fluid channel”.
Claim 3 recites “the first fluid channel and the second fluid channel are an aperture”. The number of apertures (one singular aperture) does not match the number of fluid channels. This should be “the first fluid channel and the second fluid channel are each [[an]] a respective aperture” or “the first fluid channel and the second fluid channel are [[an]] respective aperture--s--“.
Claim 11 recites “which further seal”. This should be “[[which]] wherein the further seal”.
Claim 13 recites “which suspension strut support is”. This should be “[[which]] wherein the suspension strut support is”
Appropriate correction is required.
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 2, 4-7, and 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 2 recites the broad recitation “at least 0,[sic]5 mm2”, and the claim also recites “at least 10 mm2” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 2 recites “the first and second fluid channel comprises a cross-sectional area of […]”. It is unclear whether the combined cross-sectional area of both the first and second fluid channels is being specified, or whether the respective cross-sectional area of each of the first and second fluid channels is being specified.
The term “substantially prevent” in claim 11 at line 2 is a relative term which renders the claim indefinite. The term “substantially prevent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim does not specify, for example, a maximum flow rate.
Claim 4 recites the limitation "the second shut-off member" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 4 recites “a second shut-off means”. For the purpose of further examination on the merits, it will be assumed that “the second shut-off means
Claim 4 recites “a second shut-off means” and “the second shut-off member”. Child claims 5 and 6 each recite “the second shut-off means”. It is unclear whether “the second shut-off means” refers to the “a second shut-off means” recited in line 2 of claim 4 or refers to “the second shut-off means” recited in line 4 of claim 4. For the purpose of further examination on the merits, it will be assumed that “the second shut-off means
Appropriate correction is required.
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, 3, and 8-11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Van Mil (US2016/0153476).
Van Mil discloses:
Re claim 1.
An actuator for a wheel suspension for a vehicle, comprising:
a housing (10) comprising a housing wall (10);
an electric motor (18) mechanically coupled (via 19, 21, & 23) to a screw assembly (including 14 &40) having a screw (14) and an associated screw nut (40), wherein the electric motor (18) is configured for rotating the screw around its axis causing the screw nut to linearly move along the axis of the screw;
a piston rod assembly (31 including 39) slidably coupled to the housing, wherein the piston rod assembly comprises a piston (39) arranged at a predetermined distance from the housing wall (10) such that a first cavity is formed between the piston and the housing wall, and wherein the piston rod assembly delimits a second cavity configured to house the screw assembly (1st and 2nd cavities located on opposite sides of 39 as seen in Fig. 2), wherein the screw nut is coupled to the piston rod assembly such that the linear movement of the screw nut causes the piston rod assembly to be moved between a retracted position and an extended position, wherein in the extended position the piston rod assembly protrudes substantially outward from the housing; wherein the first cavity and the second cavity are provided with a fluid comprising at least a gaseous phase and a liquid phase (abstract, [0007], [0008], [0010], [0035]. Note that in the instant application that the liquid and the gas are not the same chemical - see para. [0028] of the instant application.);
a fluid exchange means (37; para. [0025]) configured to exchange at least part of the fluid between the first cavity and second cavity based on the movement of the piston, wherein the fluid exchange means comprises a first fluid channel (one of 37; see para. [0025]) and a second fluid channel (another of 37; see para [00025]) formed in the piston and which respectively fluidly connect the first cavity and the second cavity.
Re claim 3.
The actuator according to claim 1, wherein the first fluid channel and the second fluid channel (channels 37; [0025]; Fig. 2) are an aperture through the piston.
Re claim 8.
The actuator according to claim 1, wherein the piston (39) has a proximal end and a distal end (proximal and distal ends top & bottom of piston 39 as seen in Fig. 2), wherein the fluid exchange means (37, see Fig. 2) are arranged near the proximal end of the piston (The fluid exchange means 37 extend thru the piston 39 and so are located at both proximal and distal ends.).
Re claim 9.
The actuator according to claim 1, further comprising a set of bearings arranged between the housing (10) and the piston (39), wherein the set comprises a first bearing and a second bearing, wherein the first bearing (36) is arranged at a proximal end of the piston, and wherein the second bearing (13) is at a distal end of the piston (second bearing 13 is arranged between the housing 10 and piston 37 as connected by intermediate screw 14), wherein the set of bearings is configured to slidably support the piston rod assembly in the housing.
Re claim 10.
The actuator according to claim 1, further comprising a seal (36; see Fig. 2) arranged between the piston (39) and the housing (10).
Re claim 11.
The actuator according to claim 1, comprising a further seal (24) arranged between the electric motor and the second cavity, which further seal is configured to substantially prevent fluid from flowing from the second cavity to the electric motor (See Fig. 2).
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.
Claim(s) 1, 4-6, 8, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by Dittes (DE102009050359B4) or, in the alternative, under 35 U.S.C. 103 as obvious over Dittes in view of Van Mil (US2016/0153476).
Re claim 1
Dittes discloses an actuator for a wheel suspension for a vehicle, comprising:
a housing (including 7 and 15) comprising a housing wall (7);
an electric motor (abstract) mechanically coupled to a screw assembly (including 5 & 6) having a screw (5) and an associated screw nut (6), wherein the electric motor is configured for rotating the screw around its axis causing the screw nut to linearly move along the axis of the screw;
a piston rod assembly (including 14) slidably coupled to the housing, wherein the piston rod assembly comprises a piston (14) arranged at a predetermined distance from the housing wall (7; see Fig. 1) such that a first cavity (first and second cavities 71 & 72) is formed between the piston and the housing wall, and wherein the piston rod assembly delimits a second cavity (first and second cavities 71 & 72) configured to house the screw assembly (including 5 & 6), wherein the screw nut (6) is coupled to the piston rod assembly (including 14) such that the linear movement of the screw nut causes the piston rod assembly to be moved between a retracted position and an extended position, wherein in the extended position the piston rod assembly protrudes substantially outward from the housing; wherein the first cavity and the second cavity are provided with a fluid comprising at least a liquid phase (oil - see abstract);
a fluid exchange means (including valves 60 & 70, channels 23 & 51) configured to exchange at least part of the fluid between the first cavity and second cavity based on the movement of the piston, wherein the fluid exchange means comprises a first fluid channel (first and second channels 23 & 51) and a second fluid channel (first and second channels 23 & 51) formed in (the fluid exchange means are located inside the piston 14) the piston and which respectively fluidly connect the first cavity and the second cavity.
While Dittes discloses the first cavity and the second cavity are provided with a fluid comprising at least a liquid phase (“oil” - see abstract), Dittes does not explicitly disclose the fluid also comprises a gaseous phase such that the liquid comprises at least a gaseous phase and a liquid phase.
The Examiner notes however that since Dittes discloses oil being able to collect in the oil sump 74 (see Fig. 1), this implies that there is a gas such as air occupying space when that space is not occupied by the oil (liquid). Thus, Dittes anticipates claim 1 for the reasons above.
Nevertheless, in the interest of compact prosecution, since Dittes does not explicitly disclose the fluid also comprising a gaseous phase, Van Mil teaches the fluid comprising at least a gaseous phase and a liquid phase (abstract, [0007], [0008], [0010], [0035]. Note that in the instant application that the liquid and the gas are not the same chemical - see para. [0028] of the instant application.), for the purpose of compensating for the load (para. [0010]).
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Dittes such that the fluid comprising at least a gaseous phase and a liquid phase, as taught by Van Mil, with a reasonable expectation of success, for the purpose of compensating for the load.
Dittes, or Dittes as modified further suggests:
Re claim 4, 1st Interpretation. The actuator according to claim 1, wherein the fluid exchange means further comprises a first shut-off means and a second shut-off means correspondingly arranged such that the first shut-off means (70) exclusively allows fluid to flow from the first cavity (71) to the second cavity (72) through the first fluid channel (23) and such that the second shut-off member (60) exclusively allows fluid to flow from the second cavity (72) to the first cavity (71) through the second channel (51).
Re claim 4, 2nd Interpretation. The actuator according to claim 1, wherein the fluid exchange means further comprises a first shut-off means and a second shut-off means correspondingly arranged such that the first shut-off means (60) exclusively allows fluid to flow from the first cavity (72) to the second cavity (71) through the first fluid channel (51) and such that the second shut-off member (70) exclusively allows fluid to flow from the second cavity (71) to the first cavity (72) through the second channel (23).
Re claim 5, using 2nd Interpretation of Parent Claim 4.
The actuator according to claim 4, wherein the first shut-off means (60) covers the first fluid channel (51) and is arranged on a side of the piston (14) delimiting the second cavity (71), and where the second shut-off means (70) covers the second fluid channel (23) and is arranged on a side of the piston delimiting the first cavity (72).
Re claim 6, using the 1st Interpretation of Parent Claim 4. The actuator according to claim 4, wherein the first shutoff means and the second shut-off means are made from a resilient material (first shutoff means 70 has spring 24 and second shutoff means 60 has spring 64).
Re claim 8. The actuator according to claim 1, wherein the piston (14) has a proximal end (end near the fluid exchange means 60 and 70) and a distal end (See Fig. 1), wherein the fluid exchange means are arranged near the proximal end of the piston (See Fig. 1).
Re claim 10. The actuator according to claim 1, further comprising a seal (o-ring on 15, see Fig. 1) arranged between the piston (14) and the housing (including 7 and 15).
Re claim 11. The actuator according to claim 1, comprising a further seal (19) arranged between the electric motor (see motor housing 1) and the second cavity (72), which further seal is configured to substantially prevent fluid from flowing from the second cavity to the electric motor (see Fig. 1).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being obvious over Dittes (DE102009050359B4) in view of Leonard (US2015/0008627) or, in the alternative, under 35 U.S.C. 103 as obvious over Dittes in view of Van Mil (US2016/0153476), and further in view of Leonard.
Re claim 7
Dittes, or alternatively Dittes as modified above, suggests all claim dependency limitations, see above, but is silent to wherein the resilient material (24 and/or 64) is an elastomer.
Leonard teaches wherein the resilient material is an elastomer (para. [0062] - see “rubber”), for the purpose of choosing an appropriate spring rate (para. [0062]) and as an obvious matter of design choice (para. [0062]).
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Dittes, or alternatively Dittes as modified above, such that the resilient material is an elastomer, as taught by Leonard, with a reasonable expectation of success, for the purpose of choosing an appropriate spring rate and as an obvious matter of design choice.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Mil (US2016/0153476).
Re claim 2
Van Mil discloses the claimed invention except for the cross-sectional area of the first and second fluid channels (37) being at least 0,[sic]5 mm2. It would have been an obvious matter of design choice to set the cross-sectional area of the first and second fluid channels to be at least 0.5 mm2, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04.IV.A.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Mil (US2016/0153476) in view of Acker (US2003/0047900).
Re claim 12
Van Mil discloses all claim dependency limitations, see above, but is silent to the actuator further comprising a first connection means and a second connection means respectively arranged at a proximal end and a distal end of the actuator such that the actuator is pivotably connectable any one of a vehicle frame, a suspension strut and a knuckle.
Acker teaches the actuator (“linear actuator”; para. [0009]) further comprising a first connection means and a second connection means (3 & 4) respectively arranged at a proximal end and a distal end of the actuator such that the actuator is pivotably connectable any one of a vehicle frame (para. [0009] - “vehicle body”; [0042]), a suspension strut ([0042]- “spring strut 2”) and a knuckle, for the purpose of adjusting the kinematics and the distance between the vehicle wheel and the vehicle body.
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Van Mil such that the actuator further comprises a first connection means and a second connection means respectively arranged at a proximal end and a distal end of the actuator such that the actuator is pivotably connectable any one of a vehicle frame, a suspension strut and a knuckle, as taught by Acker, with a reasonable expectation of success, for the purpose of adjusting the kinematics and the distance between the vehicle wheel and the vehicle body.
Re claim 13
Van Mil discloses all claim dependency limitations, see above, but is silent to the actuator further comprising a suspension strut support arranged at a distal end of the housing, which suspension struct support is configured to support a suspension support.
Acker teaches the actuator further comprising a suspension strut support (para. [0042]) arranged at a distal end of the housing (see connection means 3 & 4), which suspension struct support is configured to support a suspension support (para. [0042]), for the purpose of adjusting the kinematics and the distance between the vehicle wheel and the vehicle body.
It would have been obvious to a person having ordinary skill in the art at the time of filing/invention to modify the device of Van Mil such that the actuator further comprises a suspension strut support arranged at a distal end of the housing, which suspension struct support is configured to support a suspension support, as taught by Acker, with a reasonable expectation of success, for the purpose of adjusting the kinematics and the distance between the vehicle wheel and the vehicle body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY T PRATHER whose telephone number is (571)270-5412. The examiner can normally be reached Monday-Thursday 9 AM - 5 PM.
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/GREGORY T PRATHER/
Examiner, Art Unit 3618
/JOSEPH BROWN/Primary Examiner, Art Unit 3618