Appeal No. 98-0336
Application 08/761,014
Both of the above-noted rejections are bottomed on the
examiner's view that Kobori teaches all the subject matter set
forth in independent claims 1 and 15. As set forth in
"Attachment A" to the advisory action (Paper No. 12) in parent
application Serial No. 08/394,416, it is the examiner's position
that Kobori determines when a predetermined amount of energy is
stored in the truss element
since the sensing of the "wrong direction"
via the sensing and comparing of the "plus
and minus values" would mean that the truss
element should not either be resisting
extension or compression thereby sensing "a
predetermined amount of energy" that is in
the "wrong direction" and then "relaxing"
and/or dissipating this energy by opening the
valve to correct the problem, i.e.[,] it
absorbs that predetermined amount of energy
that was built up.
We will not support the examiner's position. Kobori
teaches a variable hydraulic dampening device including a
cylinder 2, a piston 3 which divides the cylinder into left-hand
and right-hand chambers 6L, 6R, sensors 23L, 24R for sensing the
pressure in the chambers which generate pressure signals or
values S6, S7 and a flow regulating or throttling valve 12 for
controlling the amount of fluid (hydraulic oil; see column 1,
lines 66, 67) which flows between the two chambers. The
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