DETAILED ACTION
The present application, filed on 08/11/2025, is being examined under the first inventor to file provisions of the AIA .
The following is a Final Office Action on the merits in response to applicant’s filing from 03/25/2026.
Claims 1-4, 7-14, and 17-20 are pending and have been considered below.
Priority
The application claims priority to provisional application 63/431,618, filed on 12/09/2022; and is a continuation of 18/533,949, filed on 12/08/2023. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/08/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings were received on 08/11/2025. These drawings are acceptable.
Response to Arguments
Applicant's amendments and arguments filed 03/25/2026 have been fully considered but they are not persuasive.
Applicant’s amendments regarding claims 5-6 and 15-16 overcome the drawings objection. Applicant’s filing of a terminal disclaimer overcomes the double patenting rejection.
Applicant further argues that Mizuno does not show or suggest "a portion of said internal fluid path centrally formed within said barrel valve and extending axially within said barrel valve, wherein a compression flow of fluid occurs axially about said barrel valve and along said portion of said internal fluid path in a first direction" AND "wherein a rebound flow of said fluid occurs axially about said barrel valve and along said portion of said internal fluid path in a second direction". Examiner maintains that Mizuno discloses all these aspects of claim 1: Mizuno discloses said internal fluid path {fluid path arrows in Fig. 2} extending completely through said barrel valve {52} along said longitudinal axis of said barrel valve {52 (Fig. 2)}, a portion {72+74} of said internal fluid path {fluid path arrows in Fig. 2} centrally formed {axially, and radially} within said barrel valve {52} and extending axially within said barrel valve {52}, wherein a compression flow {dotted arrow (Fig. 2)} of fluid occurs axially about said barrel valve {52} and along said portion {72+74 (74)} of said internal fluid path {fluid path arrows in Fig. 2 run up and down in the vertical, or axial, direction} in a first direction {vertical up direction (Fig. 2)}, and wherein a rebound flow {solid arrow (Fig. 2)} of said fluid occurs axially about said barrel valve {52} and along said portion {72+74 (72)} of said internal fluid path in a second direction {vertical down direction (Fig. 2)}.
It is further noted that claim 11 recites the same thing as claim 1, but recites the rebound flow twice, once with a first direction, and once with a second direction. Examiner believes that this was a mistake and that one of the two rebound flows should read compression flow instead of rebound. However, the claim is still rejected as written, and Examiner is calling the first and second direction of the axial rebound flow the same direction; because a) under the broadest reasonable interpretation (BRI), the first and second direction could be the same direction, b) the present disclosure does not teach the rebound flow of said fluid occurring in two different axial directions within said central portion (the present disclosure shows a rebound flow going in a first direction axially, and a compression flow going in an opposite direction axially).
Applicant further argues “that the rebound path and the compression path through the barrel valve do NOT show ‘a same fluid path through said barrel valve, and wherein said first direction of said compression flow is opposite said second direction of said rebound flow of said fluid’ as recited in the present Independent Claims”. It is true that Mizuno does not explicitly show this. However, this limitation is not in the independent claims as asserted; and in fact, this limitation is not found in any of the claims. For these reasons, claims 1-4, 7-14, and 17-20 remain rejected under Mizuno.
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.
Claims 1-4, 7-14, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizuno (CN 111853133), as cited by Applicant.
Regarding claim 1, Mizuno discloses a powered bleed adjust {Figures 1-2} comprising: a barrel valve {52} located at least partially within a bleed fluid pathway {solid arrow in Fig. 2 [0092], dotted arrow in Fig. 2 [0095]} of a shaft {14A, 14B, 34: “the lower end of the rod 14B is screwed with the end wall 34 at the upper end of the main body portion 14A is integrally connected” [0073]}, said barrel valve {52} comprising: an internal fluid path {fluid pathway arrows shown in Fig. 2 going through 52 [0079]} formed along a longitudinal axis of said barrel valve {52 (Figs. 2, 4-10)}; said internal fluid path {fluid path arrows in Fig. 2} extending completely through said barrel valve {52} along said longitudinal axis of said barrel valve {52 (Fig. 2)}, a portion {72+74} of said internal fluid path {fluid path arrows in Fig. 2} centrally formed within said barrel valve {52 (axially, and radially)} and extending axially within said barrel valve {52}, wherein a compression flow {dotted arrow (Fig. 2)} of fluid occurs axially about said barrel valve {52} and along said portion {72+74 (74)} of said internal fluid path {fluid path arrows in Fig. 2 run up and down in the vertical, or axial, direction} in a first direction {vertical up direction (Fig. 2)}, and wherein a rebound flow {solid arrow (Fig. 2)} of said fluid occurs axially about said barrel valve {52} and along said portion {72+74 (72)} of said internal fluid path in a second direction {vertical down direction (Fig. 2)}; an opening of said internal fluid path {openings shown in 52 (Fig. 4)} at a first end {top end} of said barrel valve {52}, and at least one bleed port {66 [0085]} through a wall of said barrel valve {52 (Fig. 4)} to provide a second opening for said internal fluid path {fluid pathway arrows going through 52 (Fig. 2)}; and a motor {90 (Fig. 1)} coupled with said barrel valve {52 (Fig. 2)}, said motor {90} configured to rotate said barrel valve {52} to control a fluid flow through said bleed fluid pathway {fluid pathway arrows shown in Fig. 2: “The actuator 90 includes an electric rotary drive device such as a stepping motor, and rotates the output shaft 92 according to an input control signal to rotate and position the spool valve spool 52 relative to the main body 14A around the relative movement axis 18A…” [0088-0089]}.
Regarding claim 2, Mizuno discloses said at least one bleed port {66 (horizontal in Fig. 2)} is approximately perpendicular to said internal fluid path {vertical fluid pathway arrows running through 52 in Fig. 2}.
Regarding claim 3, Mizuno discloses said barrel valve {52} is oriented with respect to a cross port {48 (Fig. 2)} of said bleed fluid pathway {fluid pathway arrows (Fig. 2)}, such that a rotational position of said barrel valve {52} will cause said bleed port {66} to not impede, partially impede, or block a fluid flow through said cross port {48 (Fig. 13); [0088-0089]}.
Regarding claim 4, Mizuno discloses said motor {90} is selected from a group consisting of: a current limited motor {“The actuator 90 includes an electric rotary drive device such as a stepping motor” [0088]; stepping motors use electrical energy to achieve output force in discrete steps, that electrical energy is required to have a certain electrical safety limit (i.e. current limit)} and a torque limited motor {since it is disclosed that this is rotary stepping motor in Par. [0088], it is clear that the output force that is being limited into discrete steps is one of rotation (or torque)}.
Regarding claim 7, Mizuno discloses said barrel valve {52} further comprises: a pressure balanced port {68} through a wall of said barrel valve {52} for said internal fluid path {Fig. 2}, said pressure balanced port {68} providing a fluid pathway to a fluid chamber {20 (Fig. 2)} within a portion of said bleed fluid pathway {fluid pathway arrows (Fig. 2); [0088-0089]} to pressure balance said barrel valve {52: “the first and second contraction stroke openings 50 and 68 at least partially overlap. As a result, as indicated by a broken line arrow in FIG. 2, the oil 32 in the cylinder lower chamber 22 flows to the cylinder upper chamber 20” [0095]}.
Regarding claim 8, Mizuno discloses {Figures 1-26} a metering rod {52D; 92 (Fig. 2)} coupled between said motor {90 (Fig. 1)} and said barrel valve {52}.
Regarding claim 9, Mizuno discloses {Figures 1-26} a motor coupler {88, 94 (Fig. 2)} coupled between an output shaft {92} of said motor {90} and said metering rod {52D}.
Regarding claim 10, Mizuno discloses {Figures 1-26} a connection ring {94} configured to couple said metering rod {92} with said barrel valve {52}.
Regarding claim 11, Mizuno discloses a powered bleed adjust {Figures 1-2} comprising: a barrel valve {52} located at least partially within a bleed fluid pathway {solid arrow in Fig. 2 [0092], dotted arrow in Fig. 2 [0095]} of a shaft {14A, 14B, 34: “the lower end of the rod 14B is screwed with the end wall 34 at the upper end of the main body portion 14A is integrally connected” [0073]}, said barrel valve {52} comprising: an internal fluid path {fluid pathway arrows shown in Fig. 2 going through 52 [0079]} formed along a longitudinal axis of said barrel valve {52 (Figs. 2, 4-10)}; said internal fluid path {fluid path arrows in Fig. 2} extending completely through said barrel valve {52} along said longitudinal axis of said barrel valve {52 (Fig. 2)}, a portion {72+74} of said internal fluid path {fluid path arrows in Fig. 2} centrally formed within said barrel valve {52} and extending axially within said barrel valve {52}, wherein a rebound flow {solid arrow (Fig. 2)} of said fluid occurs axially about said barrel valve {52} and along said portion {72+74 (72)} of said internal fluid path in a first direction {vertical down direction (Fig. 2)}, and wherein a rebound flow {solid arrow (Fig. 2)} of said fluid occurs axially about said barrel valve {52} and along said portion {72+74 (72)} of said internal fluid path in a second direction {vertical down direction (Fig. 2)}; an opening of said internal fluid path {openings shown in 52 (Fig. 4)} at a first end {top end} of said barrel valve {52}, and at least one bleed port {66 [0085]} through a wall of said barrel valve {52 (Fig. 4)} to provide a second opening for said internal fluid path {fluid pathway arrows going through 52 (Fig. 2)}; and a motor {90 (Fig. 1)} coupled with said barrel valve {52 (Fig. 2)}, said motor {90} configured to rotate said barrel valve {52} to control a fluid flow through said bleed fluid pathway {fluid pathway arrows shown in Fig. 2: “The actuator 90 includes an electric rotary drive device such as a stepping motor, and rotates the output shaft 92 according to an input control signal to rotate and position the spool valve spool 52 relative to the main body 14A around the relative movement axis 18A…” [0088-0089]}.
Regarding claim 12, Mizuno discloses {Figures 1-26} said at least one bleed port {66 (horizontal in Fig. 2)} is approximately perpendicular to said internal fluid path {vertical fluid pathway arrows running through 52 in Fig. 2}.
Regarding claim 13, Mizuno discloses {Figures 1-26} said barrel valve {52} is oriented with respect to a cross port {48 (Fig. 2)} of said bleed fluid pathway {fluid pathway arrows (Fig. 2)}, such that a rotational position of said barrel valve {52} will cause said bleed port {66} to not impede, partially impede, or block a fluid flow through said cross port {48 (Fig. 13); [0088-0089]}.
Regarding claim 14, Mizuno discloses {Figures 1-26} said motor {90} is selected from a group consisting of: a current limited motor {“The actuator 90 includes an electric rotary drive device such as a stepping motor” [0088]; stepping motors use electrical energy to achieve output force in discrete steps, that electrical energy is required to have a certain electrical safety limit (i.e. current limit)} and a torque limited motor {since it is disclosed that this is rotary stepping motor in Par. [0088], it is clear that the output force that is being limited into discrete steps is one of rotation (or torque)}.
Regarding claim 17, Mizuno discloses {Figures 1-26} said barrel valve {52} further comprises: a pressure balanced port {68} through a wall of said barrel valve {52} for said internal fluid path {Fig. 2}, said pressure balanced port {68} providing a fluid pathway to a fluid chamber {20 (Fig. 2)} within a portion of said bleed fluid pathway {fluid pathway arrows (Fig. 2); [0088-0089]} to pressure balance said barrel valve {52: “the first and second contraction stroke openings 50 and 68 at least partially overlap. As a result, as indicated by a broken line arrow in FIG. 2, the oil 32 in the cylinder lower chamber 22 flows to the cylinder upper chamber 20” [0095]}.
Regarding claim 18, Mizuno discloses {Figures 1-26} a metering rod {52D; 92 (Fig. 2)} coupled between said motor {90 (Fig. 1)} and said barrel valve {52}.
Regarding claim 19, Mizuno discloses {Figures 1-26} a motor coupler {88, 94 (Fig. 2)} coupled between an output shaft {92} of said motor {90} and said metering rod {52D}.
Regarding claim 20, Mizuno discloses {Figures 1-26} a connection ring {94} configured to couple said metering rod {92} with said barrel valve {52}.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel M Keck whose telephone number is (571)272-5947. The examiner can normally be reached Mon - Fri 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached on (571)270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel M. Keck/Patent Examiner, Art Unit 3614
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